The City may contract with persons, businesses or other entities
to provide animal control services and facilities to the City of Papillion,
the terms of which agreement must be approved by the majority vote
of the members of the City Council. The person, business or entity
with which the City contracts shall have those duties and authority
set forth in the articles of this chapter of the Code of the City
of Papillion pertaining to the municipal police and animals, generally,
or entities to provide animal control services and facilities. Said
contracting party and its employees, servants or agents shall have
the power to issue citations for violation of provisions of this chapter.
A.
Cruel neglect. It shall be unlawful for any person keeping or harboring
any animal to fail, refuse, or neglect to provide such animal with
proper food, drink, shade, shelter, physical maintenance and veterinary
care. Proper food, drink, shade, shelter, physical maintenance and
veterinary care shall require:
(1)
That each animal shall at suitable intervals and at least once every
24 hours, receive a quantity of wholesome foodstuff suitable for the
species' physical condition and age, sufficient to maintain an
adequate level of nutrition for the animal.
(2)
That each animal shall have available at all times an adequate supply
of clean, fresh, potable water. If water pans or dishes are used,
such pans or dishes shall have weighted bottoms or be mounted or secured
in a manner that prevents tipping.
(3)
That each animal shall have convenient access to shelter throughout
the year. Any shelter shall be structurally sound and maintained in
good repair to protect the animal from injury and from the elements,
and shall be of sufficient size to permit the animal to enter, stand,
turn around, and lie down in a natural manner. Any shelter which does
not protect the animal from temperature extremes or precipitation,
excessive ammonia levels, or which does not provide adequate ventilation
or drainage, shall not comply with this section. The shelter and any
space accessible to the animal and all bedding for the animal shall
be maintained in a manner which keeps the animal reasonably clean,
dry, comfortable, and at an appropriate temperature and minimizes
the risk of the animal contracting disease, being injured or becoming
infested with parasites.
(4)
That each animal shall receive care and medical treatment for debilitating
injuries, parasites, and disease, sufficient to maintain the animal
in good health and to minimize suffering.
(5)
That no animals shall be hitched, tied or fastened by any rope, chain
or cord that is directly attached to the animal's neck. Animals
that must be tied, hitched or fastened to restrain them must wear
a properly fitted collar or harness. Animals shall not be hitched,
tied or fastened in any manner which results in or presents a significant
risk of serious injury or illness to the animal.
(6)
That any enclosure in which an animal is kept shall be constructed
of material, and in a manner, to minimize the risk of injury to the
animal, and shall encompass sufficient usable space to keep the animal
in good condition. When a dog is confined outside a residence, the
following minimum space requirements shall be used:
|
Size of Dog
|
Pen Size
(square feet)
| |
|---|---|---|
|
Extra large (over 26 inches at withers or over 75 pounds)
|
48
| |
|
Large (over 20 inches and up to 26 inches at withers or not
over 75 pounds)
|
40
| |
|
Medium (over 12 inches and up to 20 inches at withers or not
over 50 pounds)
|
32
| |
|
Small (12 inches or less at withers or not over 20 pounds)
|
24
| |
|
An additional 16 square feet shall be required for each dog
sharing the pen with another. The minimum pen size includes a shelter.
| ||
B.
Cruel mistreatment. It shall be unlawful for any person to knowingly
and intentionally kill, maim, disfigure, torture, beat, mutilate,
burn, scald, or otherwise inflict harm upon any animal.
C.
Abandonment of animals. It shall be unlawful for any person to intentionally
abandon any animal within the City. If an animal is restrained or
confined outdoors without food, water, or proper care, the Animal
Control Authority may enter upon any such property where the animal
is restrained or confined and supply it with the necessary food, water
and care so long as it remains there.
D.
Animals as prizes. No person shall give away any live animal, reptile
or bird as a prize for or as an inducement to enter any contest, game
or other competition or an inducement to enter a place of amusement
or offer such vertebrate as an incentive to enter into any business
agreement whereby the offer was for the purpose of attracting trade.
E.
Use of traps. No person shall set within the City any leg-hold traps
other than the type generally recognized as rodent control devices.
F.
Poisoning. No person shall expose any known poisonous substance,
whether mixed with food or not, so that the same shall be liable to
be eaten by any animal, provided that it shall be lawful for a person
to expose on his own property common rat poison mixed only with vegetable
substances.
G.
Indecency with animals. It shall be unlawful to commit indecency
with an animal by subjecting such animal to sexual penetration as
defined in Neb. R.R.S. § 28-318(6).
H.
Leaving animals in unattended vehicle. It shall be unlawful for any
person to place or confine or allow such animal to be confined in
such a manner that it must remain in a motor vehicle or trailer under
such conditions or for such periods of time as may endanger the health
or well-being of the animal due to heat, lack of food or water, or
any circumstances which may cause suffering, disability, or death.
No owner or keeper of chickens, ducks, geese, turkeys, guinea
fowl or any other fowl shall permit the same to run at large within
the City at any time.
No person owning or having in his custody animals shall permit
the same to go at large to the injury or annoyance of another, nor
shall such animals be permitted at large upon the streets or public
ways of the City.
A.
No person shall keep or permit to be kept on his premises any exotic,
wild or vicious animal for display or for exhibition purposes, whether
gratuitously or for a fee. This section shall not be construed to
apply to performing animal exhibitions or circuses.
B.
No person shall keep or permit to be kept any exotic animal as a
pet.
C.
No person shall keep or permit to be kept any wild animal as a pet.
D.
No person shall keep or permit to be kept any mini-pig as a pet.
E.
No person shall keep bees on any lot that is zoned R-1 Single-Family
Residential (Low-Density), R-2 Single-Family Residential (Medium-Density),
R-3 Urban Family Residential, R-4 Multiple-Family Residential, or
MH Mobile Home Residential.
F.
No person shall keep pigeons, chickens, ducks, geese, turkeys, guinea
fowl or any other fowl on any lot that is zoned R-1 Single-Family
Residential (Low-Density), R-2 Single-Family Residential (Medium-Density),
R-3 Urban Family Residential, R-4 Multiple-Family Residential, or
MH Mobile Home Residential.
A.
No performing animal exhibition or circus shall be permitted in which
animals are induced or encouraged to perform through the use of chemicals,
mechanical, electrical or manual devices in a manner which will cause,
or are likely to cause, physical injury or suffering.
B.
All equipment used on a performing animal shall fit properly and
be in good working condition.
It shall be unlawful for any person to intentionally provoke
or molest a domestic animal that is confined. "Confined" shall mean
restrained, tethered, housed or secured by any barrier.
A.
BEARBAITING
COCKFIGHTING
DOGFIGHTING
PITTING
Definitions. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
The pitting of any animal against a bear.
The pitting of a fowl against another fowl.
The pitting of a dog against another dog.
Bringing animals together in combat.
B.
Pitting prohibited. No person shall knowingly promote, engage in
or be employed at dogfighting, cockfighting, bearbaiting, bullfighting
or pitting an animal against another animal or human; nor shall any
person knowingly receive money for the admission for another person
to a place kept for such purpose; nor shall any person knowingly own,
use, train, sell or possess an animal for the purpose of animal pitting;
nor shall any person knowingly permit any act as described in this
section to occur on any premises owned or controlled by him or her.
C.
Spectators prohibited. No person shall knowingly and willingly be present at and witness as a spectator dogfighting, cockfighting, bearbaiting, bullfighting, or the pitting of an animal against another animal or human as prohibited in Subsection B of this section.
D.
Animal fighting paraphernalia.
(1)
No person shall knowingly or intentionally own or possess animal
fighting paraphernalia with the intent to commit a violation of this
section. For the purposes of this section, "animal fighting paraphernalia"
means equipment, products and materials of any kind that are used,
intended for use, or designed for use in the training, preparation,
conditioning, or furtherance of the pitting or an animal against another,
including but not limited to the following:
(a)
A "breaking stick," which means a device designed for insertion
behind the molars of a dog for the purpose of breaking the dog's
grip on another animal or object;
(b)
A "cat mill," which means a device that rotates around a central
support with one arm designed to secure a dog and one arm designed
to secure a cat, rabbit or other small animal beyond the grasp of
the dog;
(c)
A "treadmill," which means an exercise device consisting of
an endless belt on which the animal walks or runs without changing
place;
(d)
A "fighting pit," which means a walled area designed to contain
an animal fight;
(e)
A "springpole," which means a biting surface attached to a stretchable
device, suspended at a height sufficient to prevent a dog from reaching
or biting the surface while touching the ground;
(f)
A "heel," which means any edged or pointed instrument designed
to be attached to the leg of a fowl;
(g)
A "boxing glove or muff," which means a fitted protective covering
for the spurs of a fowl; and
(h)
Any other instrument commonly used in the furtherance of pitting
an animal against another.
(2)
Animal fighting paraphernalia does not include equipment, products
or materials of any kind used by a veterinarian licensed to practice
veterinary medicine, treatment, and surgery in this state.
A.
The owner or keeper of every animal shall be responsible for the
removal of any excreta deposited on public walks, recreation areas
or private property by his animal(s) or deposited as a result of the
owner's cleaning of an animal cage, pen or other animal facility.
B.
The owner or keeper of every animal shall be responsible for the
removal of any trash or garbage that is scattered or removed from
its rightful place by his animal.
A.
The owner or keeper of every animal shall be civilly liable to the
owner of any real or personal property whose property is damaged,
altered or defaced by his animal.
B.
The owner or keeper of any animal shall be civilly liable for any
and all damages that may accrue to any person, other than a trespasser,
by reason of having been chased, bitten, constricted, strangled or
mauled by any such animal.
C.
The owner or keeper of any animal shall be civilly liable for any
and all damages that may accrue to any pet animal by reason of having
been chased, bitten, constricted, strangulated, or mauled by any such
animal.
D.
It shall be unlawful for the owner of any animal to allow or permit
said animal to damage the property of others or to cause bodily injury.
If the owner is adjudged guilty of a violation of this section, the
court may, in addition to the penalty provided for the violation of
this Code, order such disposition or destruction of the offending
animal as may seem reasonable and proper.
It shall be unlawful for any person to interfere with the Animal
Control Authority or any other officer in his endeavor to enforce
any provisions of this chapter.
