SECTION 3-201: DEFINITIONS

“Animal control authority” shall mean an entity authorized to enforce the animal control laws of the City. “Animal control officer” shall mean any individual employed, appointed, or authorized by the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals; includes any state or local law enforcement or the code enforcement officer appointed in Chapter 1, Section 1-513. “Owner” shall mean any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of a dog; and specifically in reference to a collarless dog, every person who shall harbor such a dog about his or her premises for the space of ten days shall be held to be the owner. (Neb. Rev. Stat. §§54-606, 71-4401)

SECTION 3-202: CONDITIONS REQUIRED

It shall be unlawful for any person owning, keeping, harboring or otherwise in possession or control of any dog or cat to fail to provide any or all of the following to the animal: (A) adequate care; (B) adequate control; (C) adequate food; (D) adequate health care; (E) adequate shelter; and (F) adequate water.

SECTION 3-203: NUMBER ALLOWED

A. It shall be unlawful and a public nuisance for any person in charge of a residence to keep or allow to be kept more than two dogs or cats, or any combination of such animals exceeding three in number over the age of 90 days at such residence unless the residence of the owner of the dogs and cats kept there is licensed as a commercial animal establishment. See Article 3 (Kennels).

B. When animals in excess of the limit established in this section are found at a residence, the owner of the animals shall have 10 days to comply with this section. Failure to comply within 10 days shall constitute a violation of this section and shall be punished as provided for in Section 3-226 hereafter. Any combination of dogs or cats in excess of three in number shall be considered one violation of this section, but each day’s continuance in violation shall constitute a separate offense.

SECTION 3-204: RABIES VACCINATION

Every dog and cat shall be vaccinated against rabies pursuant to Nebraska law. Unvaccinated dogs or cats acquired or moved into the City must be vaccinated within 30 days after purchase or arrival unless under the age for initial vaccination. The provisions of this ordinance with respect to vaccination shall not apply to any dogs or cats owned by a person temporarily residing within this city for fewer than 30 days, any dog or cat brought into this city for show purposes, or any dog brought into this city for hunting purposes for a period of fewer than 30 days; such animals shall be kept under the strict supervision of the owner. (Neb. Rev. Stat. §71-4402)

SECTION 3-205: DOGS; LICENSING; RABIES CERTIFICATE; FEES

A. Any person who shall own, keep or harbor a dog over the age of three months within the City shall, within 30 days after the acquisition of the dog, acquire a license for each such dog. All dogs shall be licensed annually by May 1.

B. Licenses shall be issued by the city clerk for all dogs if the license applicant meets all the requirements of this section. The licenses issued shall not be transferable and no refund will be allowed in the case of death, sale or other disposition of the licensed dog. At the time the application for license is made, upon an application provided by the City, the owner shall state the dog license applicant's name and address and the name, breed, color, and sex of the dog(s) owned and kept by applicant. A certificate verifying that each dog has had a rabies vaccination, effective for the ensuring year after application for the license, shall be presented with the application. No dog license shall be issued until the rabies certificate for the ensuing year is shown.

C. Upon payment of the license fee and providing a satisfactory certificate of rabies vaccination, the city clerk shall issue to the applicant a license certificate and a metallic tag for each dog so licensed. The tag shall be properly attached to the collar or harness of any dog so licensed and shall entitle the applicant to keep or harbor the said dog until April 30 of the year after issuance of the license. The license fee amount shall be as set by resolution by the City Council. The City shall, in addition to the license tax imposed, collect from the licensee a state fee. Both fee amounts shall be kept on file in the office of the city clerk for public inspection.

D. In the event that a license tag is lost, and upon satisfactory evidence that the original tag was issued in accordance with the provisions herein, the city clerk shall issue a duplicate or new tag for the balance of the year for which the license tax has been paid and shall charge and collect a fee set by resolution of the City Council for each duplicate or new tag so issued. All license fees and collections shall be immediately credited to the general fund. It shall be the duty of the city clerk to issue tags of a suitable design that are different in appearance each year. (Neb. Rev. Stat. § 17-526, 54-603, 71-4412) (Am. Ord. Nos. 10-07-02, 07/12/10; 19-03-01, 3/4/19)

SECTION 3-206: DOGS; COLLAR OR HARNESS; OWNER’S ID; LICENSE TAG

A. It shall be the duty of the owner of every dog to securely place upon the neck of such dog a good and sufficient collar or harness with a metallic plate attached which shall be plainly inscribed with the name of such owner. The city license tag shall also be attached. Any dog found running at large upon the streets and public grounds of the City without a collar or harness is hereby declared a public nuisance. Such dogs found running at large shall be killed or impounded in the city animal shelter by the code enforcement officer.

B. It shall be unlawful for any person to remove or cause to be removed the collar, harness, ID tag or license tag from any dog without the consent of the owner, keeper, or possessor thereof. (Neb. Rev. Stat. §§17-526, 54-605)

SECTION 3-207: DOGS; WRONGFUL LICENSING

It shall be unlawful for the owner, keeper, or harborer of any dog to permit or allow such dog to wear any license, metallic tag, or other city identification other than that issued by the city clerk. (Neb. Rev. Stat. §17-526)

SECTION 3-208: DOGS; RUNNING AT LARGE; PENALTIES

A. It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow the dog to run at large within the City. For the purpose of this section, any dog shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when such animal is outside of the property of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape.

B. A legally blind person using a seeing-eye dog or a deaf person using a hearing dog in the customary manner shall be deemed to be in compliance with this section, and official use of dogs by a governmental unit shall be deemed in compliance with this section.

C. If an officer finds a dog running at large in violation of this section, the officer has the authority to pick up the animal and transport it to the designated place of impoundment. The owner or person claiming such animal shall pay an impoundment fee to the City in addition to any other fees or fines provided for herein.

1. Any person owning, keeping or harboring any dog found that is found to be in violation this section shall be guilty of a misdemeanor and punished according to this section.

2. Each time a person owning, keeping or harboring any dog is found to be in violation hereof, the prosecutor for the case may review the number of violations that the person was convicted of or pled guilty to in the 365 days immediately preceding the alleged violation. Penalties shall be levied based upon the number of violations that the person was found to be guilty of or pled guilty to in the 365 days preceding the date of the incident which led to conviction, as follows:

a. Persons found to have no violations of hereof in the preceding 365 calendar days shall be fined $25.00 upon conviction of the violation hereof.

b. Persons found to have one prior violation hereof in the preceding 365 calendar days shall be fined $50.00 upon conviction of the violation hereof.

c. Persons found to have two violations of hereof in the preceding 365 calendar shall be fined $100.00 upon conviction of the violation hereof.

3. For consideration of the number of violations in the preceding 365 calendar days in this section, the date of the issuance of the citation shall operate to be the effective date for prior violations.

4. In addition to any penalties provided in this section, if the dog is impounded at the animal shelter, the owner or person claiming such animal shall pay an impoundment fee to the City as provided for herein. (Am. Ord. 13-10-01, 10/21/13)

SECTION 3-209: CATS; RUNNING AT LARGE; PENALTY

A. It shall be unlawful for any person owning, keeping or harboring any cat to permit, suffer or allow the said cat to run at large within the City so that it poses a nuisance to neighbors or the public welfare. A cat which poses a nuisance is one which interferes with the comfortable enjoyment of life and property or tends to depreciate the value of property of others.

B. Any person found in violation of this section shall be punished by a fine pursuant to the penal provisions of this chapter and, in addition, if a cat is impounded at the animal shelter, the owner or person claiming such animal shall pay an impoundment fee to the City as set forth hereafter.

SECTION 3-210: DOGS; DAMAGE; LIABILITY OF OWNER

It shall be unlawful for any person to allow a dog owned, kept, or harbored by him or her or under his or her charge or control to injure or destroy any real or personal property of any description belonging to another person. The owner or possessor of any such dog, in addition to the usual judgment upon conviction, may be made to be liable to the persons so injured in an amount equal to the value of the damage so sustained. (Neb. Rev. Stat. §§18-1720, 54-601, 54-602)

SECTION 3-211: DOGS; EXCESSIVE NOISE

A. It shall be unlawful for any person to (1) own or keep any animal which, by making excessive noise, disturbs a neighbor, or (2) own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, or yelping shall annoy or disturb any neighborhood or person or which habitually barks or chases pedestrians, drivers, or vehicles while they are on any public sidewalks, streets, or alleys in the City.

B. The following definitions and conditions shall be applicable to enforcement of this section:

1. "Excessive noise" shall mean and include any noise produced by an animal which is so loud and continuous as to disturb the peace and quiet of a neighbor.

2. "Neighbor" shall mean an individual residing in a residential structure which is within 100 yards of the property on which the animal is kept or harbored and who states in writing that he will testify under oath that the animal makes excessive noise.

C. The provisions of this section shall not be construed to apply to the city dog shelter. Nothing in this section shall be construed to prohibit an officer from filing a complaint for excessive noise based on his own observations and personal knowledge. (Neb. Rev. Stat. §17-526) (Am. Ord. No. 10-07-01, 07/12/10)

SECTION 3-212: FEMALES IN HEAT

The owner, keeper or person harboring any female dog or cat shall, during the period that such animal is in heat or in state of estrus, keep it securely confined within an area secure from access by male dogs and cats running at large, except when out upon such person's premises briefly for toilet purposes while on a leash or otherwise effectively physically restrained and under supervision. (Neb. Rev. Stat. §17-526)

SECTION 3-213: KILLING AND POISONING It shall be unlawful to (A) kill; (B) administer or cause to be administered poison of any sort to an animal; (C) injure, maim or destroy in any manner; (D) attempt to injure, maim or destroy any animal that is the property of another person in any manner; or (E) place any poison, or poisoned food where the same is accessible to an animal; provided, this section shall not apply to animal control officers acting within their power and duty.

SECTION 3-214: SERVICE DOG; VIOLENCE ON; INTERFERENCE WITH

A. For purposes of this section:

1. “Blind person” means a person with totally impaired vision or with vision, with or without correction, which is so severely impaired that the primary means of receiving information is through other sensory input, including but not limited to Braille, mechanical reproduction, synthesized speech, or readers;

2. “Deaf person” means a person with totally impaired hearing or with hearing, with or without amplification, which is so severely impaired that the primary means of receiving spoken language is through other sensory input including but not limited to lip reading, sign language, finger spelling, or reading;

3. “Hearing impaired person” means a person who is unable to hear air conduction thresholds at an average of 40 decibels or greater in the person’s better ear;

4. “Physically limited person” means a person having limited ambulatory abilities, including but not limited to having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger; and

5. “Visually impaired person” means a person having a visual acuity of 20/200 or less in the person’s better eye with correction or having a limitation to the person’s field of vision so that the widest diameter of the visual field subtends an angular distance not greater than 20°.

6. “Service dog” means (a) a guide dog for a blind or visually impaired person, (b) a hearing aid dog for a deaf or hearing impaired person, (c) a service dog for a physically limited person, or (d) a police dog.

B. A person commits the offense of violence on a service dog when he or she (1) intentionally injures, harasses or threatens to injure or harass or (2) attempts to intentionally injure, harass or threaten a dog that he or she knows or has reason to believe is a service dog as defined herein.

C. A person commits the offense of interference with a service dog when he or she (1) intentionally impedes, interferes, or threatens to impede or interfere or (2) attempts to intentionally impede, interfere, or threaten to impede or interfere with a dog that he or she knows or has reason to believe is a service dog.

D. Evidence that the defendant initiated or continued conduct toward a dog as described in the subsections above after being requested to avoid or discontinue such conduct by the person being served or assisted by the service dog shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally. (Neb. Rev. Stat. §28-1009.01)

SECTION 3-215: DOGS; FIGHTING PROHIBITED

It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting or by any gesture or word to encourage the same to fight. (Neb. Rev. Stat. §17-526)

SECTION 3-216: DOGS; RABIES SUSPECTED; IMPOUNDMENT

Any dog suspected of being afflicted with rabies or any dog not vaccinated in accordance with the provisions of this article which has bitten any person and caused an abrasion of the skin shall be seized and impounded under the supervision of the Police Department for a period of no fewer than ten days. If, upon examination by a veterinarian, the dog has no clinical signs of rabies at the end of such impoundment, it may be released to the owner or, in the case of an unlicensed dog, it shall be disposed of in accordance with the provisions herein. If the owner of the said dog has proof of vaccination, it shall be confined by the owner or some other responsible person for a period of at least ten days, at which time the dog shall be examined by a licensed veterinarian. If no signs of rabies are observed, the dog may be released from confinement. (Neb. Rev. Stat. §71-4406)

SECTION 3-217: DANGEROUS AND POTENTIALLY DANGEROUS DOGS; DEFINITIONS

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

“Potentially dangerous dog” means any dog that, when unprovoked, inflicts bites on a human or a domestic animal on either public or private property or chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of humans or domestic animals.

“Dangerous dog or other dangerous animal” means any dog or animal that, according to the records of the appropriate authority, has:

A. Inflicted injury on a human being without provocation on public or private property;

B. Killed a domestic animal without provocation while off the owner's property; or

C. Previously been found to be potentially dangerous, the owner having received notice of such finding, and the dog or other animal again aggressively bites, attacks or endangers the safety of humans or domestic animals.

“Injury” means any physical injury that results in broken or punctured skin, broken bones or lacerations requiring sutures.

“Proper enclosure” of a potentially dangerous dog means that, while on the owner's property, it shall be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, shall be securely embedded into the ground, and shall also provide protection from the elements for the dog.

SECTION 3-218: POTENTIALLY DANGEROUS DOGS; DETERMINATION

A. If it is determined by the animal control officer, after investigation, that a dog is a potentially dangerous dog, he or she shall notify the owner of the dog in writing that it has been declared a potentially dangerous dog. If the owner of the dog disagrees with the animal control officer's determination, he or she may appeal such determination in writing within 10 days of receiving the notice. Such notice of appeal shall be made to the city clerk. Upon receiving the appeal, the city clerk shall notify the mayor of such appeal and the mayor shall appoint three residents of the City to hear the appeal. Such residents shall be titled “appeal commissioners.” The appeal commissioners appointed shall elect one of their own as chairman and shall hold a hearing within ten days to examine the evidence concerning the determination previously made. The hearing shall be informal in nature and the rules of evidence shall not apply, but the appeal commission shall consider only credible and relevant evidence. The owner and animal control officer shall have the opportunity to present evidence and be heard on this matter.

B. After the appeal commission makes a determination and notifies the owner in writing, he or she shall have the right to further appeal the matter to the City Council. The appeal must be filed with the city clerk within ten days of receiving the written notification and the council shall hold its hearing within 30 days of such filing. The hearing shall be conducted by the mayor or his or her designated agent in the same manner as previously mentioned in this subsection and the same procedure shall apply. The determination that a dog is a potentially dangerous dog shall be made by the concurrence of a majority of all council members. During the procedure described in this subsection, a dog declared as potentially dangerous may be impounded at the owner's expense or, if the officer is assured by the owner's signed agreement of proper confinement and safeguards, and that the dog has a current rabies vaccination, the dog may be released to its owner pending a final determination.

SECTION 3-219: POTENTIALLY DANGEROUS DOGS; CONFINEMENT; CERTIFICATE OF REGISTRATION

The owner of a dog which has been declared as a potentially dangerous dog shall immediately apply for a certificate of registration from the animal control officer. Such certificate shall be issued if the owner presents sufficient evidence of a proper enclosure to confine a potentially dangerous dog and the posting of the premises with clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog. A decision by the animal control officer not to issue the certificate of registration may be reviewed as provided for in this section.

SECTION 3-220: POTENTIALLY DANGEROUS DOGS; RESTRAINT

It is unlawful for an owner of a potentially dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

SECTION 3-221: POTENTIALLY DANGEROUS DOGS; IMPOUNDMENT

Any potentially dangerous dog which is (A) not validly registered under this section; (B) not maintained in the proper enclosure; (C) outside the dwelling of the owner or outside of the proper enclosure and not under physical restraint of the responsible person; or (D) not covered by liability insurance coverage or a surety bond as required by this section; or any dangerous dog or any dangerous animal shall be immediately confiscated by an animal control officer and placed in quarantine at the owner's cost until ordered by the court to either return the dog to the owner or humanely kill it.

SECTION 3-222: DANGEROUS DOGS; PROHIBITED; EXCEPTIONS

A. The owning, allowing, keeping or harboring of a dangerous dog or other dangerous animal within the corporate limits of the City is hereby prohibited and unlawful.

B. Dogs shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog; was tormenting, abusing or assaulting the dog or has in the past been observed or reported to have tormented, abused or assaulted the dog; or was committing or attempting to commit a crime.

SECTION 3-223: DANGEROUS AND POTENTIALLY DANGEROUS DOGS; VIOLATION; PENALTY; DESTRUCTION

It shall be unlawful to violate any provision of this section, and such violation shall be punished as provided for in Section 3-226 hereafter. If the court finds that a dog is a potentially dangerous dog as defined in this section, the court may, in addition to the usual judgment of conviction, order that the dog be humanely killed. Upon a finding by the court that a dog is a dangerous dog or other dangerous animal as defined in this section, the court shall, in addition to the usual judgment of conviction, order that the dog or other animal be humanely killed. (Neb. Rev. Stat. §54-617 through 54-624).

SECTION 3-224: IMPOUNDMENT

A. It shall be the duty of the animal control officer to capture, secure and remove in a humane manner to any animal shelter or veterinarian any animal violating any of the provisions of this chapter. The animals so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded animal shall be kept and maintained at the pound for a period of not less than five days after public notice has been given, unless reclaimed earlier by the owner. If the owner of the dog is known, the clerk may attempt to personally notify him or her of the impoundment.

B. Stray animals that are roaming at large, remaining on private property without consent of the owner or tenant, or remaining on or frequenting public property are deemed to be the property of the City. If the stray animal cannot be captured by conventional means, every police officer, animal control officer, or other person designated by the City Council is authorized to use any means necessary to remove the animal.

C. The impoundment fees for any animal shall be as set by resolution by the City Council and kept on file in the office of the city clerk for public inspection.

D. Before releasing the animal before or after impoundment, the owner of said animal shall pay for the cost of a rabies shot (if suggested by a veterinarian), cost of impounding the animal (including the boarding fees and impoundment fees), and cost of a license tag (if required). The owner may also be required to pay any fines and court costs imposed for violations of the ordinances but said fines and costs will not be a requirement for release of the animal to the custody of the owner. (Neb. Rev. Stat. §§17-548; 71-4408)

SECTION 3-225: INTERFERENCE WITH ANIMAL CONTROL

It shall be unlawful for any person to hinder, delay, or interfere with any animal control officer who is performing any duty enjoined upon him or her by the provisions of this article or to break open or in any manner directly or indirectly aid, counsel, or advise breaking into the animal shelter or any vehicle used for the collecting or conveying of dogs to the shelter. (Neb. Rev. Stat. §28-906)

SECTION 3-226: VIOLATION; PENALTY

If any section of this article provides a specific fine to be imposed upon a determination of guilt, then that fine shall supersede and take priority over the penal provisions at the end of this chapter, the language of said penal provisions notwithstanding. (Am. Ord. No. 18-11-01, 11/5/18)