A.
All dogs shall be kept under restraint.
B.
No owner shall fail to exercise proper care and control of his animals
to prevent them from becoming a public nuisance.
C.
Every female dog in heat shall be confined in a building or secure
enclosure in such a manner that such female dog cannot come into contact
with another animal except for planned breeding.
D.
Every vicious animal shall be confined by the owner within a building
or secure enclosure and shall be securely muzzled or caged whenever
off the premises of its owner.
E.
An animal that poses an immediate threat to any person may be killed
by any police or Animal Control Officer if said animal is off the
owner's premises, even if said animal is licensed and vaccinated
for rabies.
F.
Any person may use whatever means necessary and not otherwise prohibited
to protect himself or others from any vicious animal only when there
is an immediate danger from said animal and no person can be held
accountable for any inhumane treatment of an animal when his actions
are solely to protect himself or others from injury.
A.
Defined. No person shall own, keep or harbor, or allow to be in or
upon any premises occupied by him, or under his charge or control,
any potentially dangerous or dangerous dog except as otherwise provided
in this chapter.
(1)
A "potentially dangerous dog" means a dog that meets one or more
of the following conditions:
(2)
A "dangerous dog" means a dog that, according to the records of an
Animal Control Authority, meets one or more of the following conditions:
(a)
Has killed a human being;
(b)
Has inflicted injury on a human being that requires medical
treatment;
(c)
Has killed or inflicted serious injury on a domestic animal
without provocation;
(d)
Ferociously and without provocation has attacked, snapped at,
or bitten one or more human beings, or one or more other domestic
animals, one or more times, or has a history of any such behaviors;
(e)
Has been previously determined to be a potentially dangerous
dog by an Animal Control Authority, the owner has received notice
from an Animal Control Authority or an animal control officer of such
determination, and the dog inflicts an injury on a human being that
does not require medical treatment, injures a domestic animal, or
threatens the safety of humans or domestic animals;
(f)
Is owned or harbored primarily or in part for the purpose of
animal fighting; or
(g)
By training, disposition, or behavior poses a potential risk
of attacking and inflicting injury without provocation upon human
beings or other domestic animals.
(3)
No dog may be declared dangerous or potentially dangerous if:
(a)
An individual who has sustained an injury which requires medical
treatment was tormenting, abusing, or assaulting the dog at the time
of injury or has, in the past, been observed or reported to have tormented,
abused, or assaulted the dog;
(b)
The injury, damage or threat was sustained by an individual
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 committing or attempting to commit
a crime;
(c)
The dog's action was to defend or protect a human being
within the immediate vicinity of the dog from an unjustified attack
or assault; or
(d)
The dog's action was in connection with law enforcement
activities of state or local law enforcement officials.
B.
Potentially dangerous dog determination.
(1)
Basis. The preliminary determination that a dog is potentially dangerous
shall be made by the Animal Control Authority on the basis of reasonable
evidence, which may include, but shall not be limited to, reports
and statements of witnesses, observation, and the opinion of experts.
(2)
Removal. If the Animal Control Officer has reasonable cause to believe
that the dog threatens the safety of the public or domestic animals,
the Animal Control Officer may enter upon any premises upon which
the dog is kept and impound the dog.
(3)
Notification. Upon a preliminary determination that a dog is potentially dangerous as defined by § 85-14A(1), the Animal Control Authority shall initiate administrative proceedings to make such determination final by serving a preliminary determination notice on such dog's owner either personally, by certified mail addressed to the owner at the owner's usual place of residence with return receipt requested, or by residential service, which shall mean leaving a copy at the owner's usual residence with a person of the age of majority who resides therein. The preliminary determination notice shall contain:
(a)
The name and address of the owner whose dog is subject of the
proceeding;
(b)
The name, description, and any known license number of the dog
that is subject of the proceeding;
(c)
A statement that the Animal Control Authority has preliminarily
determined that dog to be potentially dangerous and a summary description
of the facts that form the basis of such determination;
(d)
A summary of the effects of a final determination that the dog is potentially dangerous, including a summary or copy of § 85-14D, E, H and I and a statement that noncompliance by the owner with such requirements will result in the owner being declared a reckless owner by the Animal Control Authority;
(e)
A statement of the effective date on which the preliminary determination
notice will become a final determination order if the owner does not
file a timely written request for hearing with the Animal Control
Authority, which effective date shall be not less than 10 days after
the date of mailing (or of personal or residential service) of the
preliminary determination notice; and
(f)
A statement that the owner may file a written request for a
hearing with the Animal Control Authority within 10 days after mailing
(or of personal or residential service) of the preliminary determination
notice.
(4)
Finalization without hearing. If the owner does not file a written request for hearing with the Animal Control Authority within 10 days after mailing (or of personal or residential service) of the preliminary determination notice, said notice shall become a final determination order, and the Animal Control Authority shall so indicate in their records. In such a case, the owner shall comply with § 85-14D, E, H and I within the time limits specified.
(5)
Hearing and appeal. If the owner files a written request for hearing with the Animal Control Authority within 10 days after mailing (or of personal or residential service) of the preliminary determination notice, a hearing on such notice shall be held by a hearing officer or panel designated by the Animal Control Authority. The hearing shall be held, if practicable, within 10 days after the Animal Control Authority received the written request for hearing. Notice of the time and place of the hearing shall be coordinated by the Animal Control Authority not less than 48 hours prior to the scheduled hearing. At the hearing, the owner shall be provided an opportunity to appear and offer evidence to dispute the preliminary determination notice. A written determination to affirm or reverse the preliminary determination notice shall be entered by the hearing officer or panel within 10 days after the date of the hearing, if practicable. If the preliminary determination notice is affirmed, the hearing officer or panel shall enter a final determination order and shall require the owner to comply with § 85-14D, E, H and I within the time limits specified; provided, however, that the owner may appeal such final determination order within 14 days to the District Court, during which proceedings such final determination order shall be stayed.
(6)
Termination of order. The Animal Control Authority will notify the owner of any potentially dangerous dog that said dog is no longer declared a potentially dangerous dog if said dog has not been involved in any incidents specified in § 85-14A(1) during the two years following the date of the final determination order.
C.
Impoundment of potentially dangerous or dangerous dog.
(1)
If there is a reasonable cause shown that the offending dog under
this section may constitute a hazard to the safety of the public at
large during the pendency of any action commenced thereunder, the
court may order such dog or dogs impounded pending the outcome of
such proceedings.
(2)
Any person who owns, keeps, harbors, maintains or controls any dog
involved in impoundment under this section and found guilty of violating
this section shall pay all expenses, including shelter, food and reasonable
and necessary veterinary expenses, necessitated by the seizure of
any dog for the protection of the public, and such other expenses
as may be required. The Animal Control Authority may require such
person to pay, prior to expiration of 10 days after the date of impoundment,
an amount sufficient to pay all reasonable expenses incurred in caring
and providing for the dog, including estimated medical care, for 30
days, inclusive of the date on which the dog was impounded. If such
payment is not made prior to expiration of this ten-day period, the
dog shall become the property of the Animal Control Authority to be
placed with a new owner or humanely destroyed as the Animal Control
Authority deems appropriate. Such pre-payment shall be required for
each succeeding thirty-day period. If any such payment is not made
prior to the end of each succeeding thirty-day period, the dog shall
become the property of the Animal Control Authority to be placed with
a new owner or humanely destroyed as the Animal Control Authority
deems appropriate. The amount of the payment shall be determined by
the Animal Control Authority based on the current rate for board at
the animal shelter and the condition of the dog after examination
of the dog by a veterinarian acting for the Animal Control Authority.
Any such payment received by the Animal Control Authority in excess
of the amount determined by the Animal Control Authority to be due
for the board and care of the dog shall be refunded by the Animal
Control Authority upon expiration of the order of impoundment. Notwithstanding
the foregoing, if the owner or custodian is found not guilty of dog
neglect or cruelty, the owner or custodian shall only be required
to pay reasonable and necessary veterinary expenses and 1/2 of the
board and care fees determined by the Animal Control Authority to
be due.
(3)
Notwithstanding the foregoing, if it is determined by a veterinarian
acting for the Animal Control Authority that such dog is diseased
or disabled beyond any useful purpose, the dog shall immediately become
the property of the Animal Control Authority to be humanely destroyed
as the Animal Control Authority deems appropriate.
D.
Spaying or neutering and microchip identification required. Any dog
determined to be dangerous or potentially dangerous shall be spayed
or neutered and implanted with microchip identification by a licensed
veterinarian at the owner's expense no less than 30 days after
such determination is entered with written proof of spaying or neutering
and the microchip identification number being provided to the Animal
Control Authority within 72 hours of the procedure being completed,
provided that said dog is not ordered to be destroyed.
E.
Classes required. The owner of any dog determined to be dangerous
or potentially dangerous shall be required to attend, at the owner's
expense, within 90 days after such determination is entered, a responsible
pet ownership class approved by the Animal Control Authority and,
at the discretion and direction of the Animal Control Authority, a
dog behavior class provided or approved by the Animal Control Authority.
F.
Warning signs required. Any property wherein a dangerous dog is kept,
harbored or confined shall be posted with warning signs visible from
all areas of public access. The warning signs must:
G.
Confinement of dangerous dogs. No person owning, harboring or having
custody of a dangerous dog shall permit such dog to go unconfined
on the premises of such person. A dangerous dog is unconfined, as
the term is used in this section, if such dog is not:
(1)
Confined indoors; or
(2)
Confined outdoors in an enclosed and locked pen or structure upon
the premises of the person described above, provided the existence
of such a pen or structure is permitted by zoning regulations. Maintenance
of a dangerous dog is not permitted in areas where such structures
or pens are not authorized by zoning regulations.
(a)
If permitted, such pen or structure shall be:
|
Size of Animal
|
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
|
(b)
The pen must be constructed with chain link fencing for all
four sides and the top. The material used to construct the structure
may not have any opening or gaps greater than two inches in diameter.
If the pen or structure has no bottom secured to the sides, the sides
must be imbedded in the ground no less than one foot, or have a concrete
pad for the bottom. The pen or structure shall be set back at least
10 feet from the nearest property line. The pen or structure shall
be suitably designed to prevent the entry of young children and to
prevent the dog from escaping. Any gates within such pen or structure
shall be lockable or of such design to prevent the entry of children
or the escape of the dog. The owner of a dangerous dog shall securely
restrain such dog by chain or leash no longer than six feet when moving
the dog to or from such pen or structure.
H.
Leash and harness required. It shall be unlawful for any person owning,
harboring or having the care of a dangerous or potentially dangerous
dog to permit such dog to go beyond the property of such person unless
the dog is under the control of a person who is of the age of majority
and restrained securely by a harness attached to a leash no longer
than six feet and muzzle.
I.
Proof of insurance. Any dog determined to be dangerous or potentially
dangerous that is required to be licensed under this chapter cannot
be licensed unless the person having custody, ownership or control
of such dog first presents written proof of public liability insurance
of not less than $100,000 to the Animal Control Authority. Such insurance
shall be maintained in effect for the period such dangerous or potentially
dangerous dog is so designated. The Animal Control Authority may require
proof that such insurance coverage remains in effect at any time,
but not more frequently than every 60 days, or may require such policy
of insurance to provide that it may not be cancelled or allowed to
expire without 30 days' prior notice to the Animal Control Authority.
J.
Bites unlawful. It shall be unlawful for the owner of any dangerous
or potentially dangerous dog to permit or allow such dog to kill,
bite, chase, attack, injure, wound, or endanger a human or animal.
K.
Transportation out of City. No owner of a dangerous dog shall transport
such dog or permit such dog to be transported to another county, city,
or village in Nebraska except for:
(1)
Reasonable veterinarian purposes; or
(2)
Permanent relocation of the owner, provided that the owner has obtained
written permission prior to such relocation from the animal control
authority of the county, city or village in which the owner resides
and from the county, city or village in which the owner will reside.
Each animal control authority may grant such permission based upon
a reasonable evaluation of both the owner and the dog, including if
the owner has complied with the laws of this state and the county,
city, or village in which he or she resides with regard to dangerous
dogs after the dog was declared dangerous. An animal control authority
shall not grant permission under this subsection if the county, city,
or village has an ordinance or resolution prohibiting the relocation
of dangerous dogs.
L.
Transportation or relocation into City. No owner of a dangerous dog
shall transport such dog or permit such dog to be transported or permanently
relocated into the City without prior written approval of the Animal
Control Authority. The Animal Control Authority may grant permission
based on a reasonable evaluation of both the owner and the dog, including
if the owner has complied with the laws of the State of Nebraska and
of the county, city, or village in which he or she resides with regard
to dangerous dogs after the dog is declared dangerous. After the permanent
relocation, the Animal Control Authority shall monitor the owner and
such dog for a period of at least 30 days, but not to exceed 90 days,
to ensure the owner's compliance with the laws of the State of
Nebraska and the City. Nothing in this section shall permit the rescindment
of the declaration of a dangerous dog.
M.
Impoundment. Any dog that has been determined to be dangerous or
potentially dangerous that, without provocation, bites a human being
may be immediately impounded by an Animal Control Officer, if in violation
of this chapter. The owner shall be responsible for the reasonable
costs incurred for the care of such impounded dangerous dog.
N.
Destruction of potentially dangerous or dangerous dogs at large.
In the event that a dog or other animal that has been determined to
be dangerous or vicious as defined under the provision of this chapter
is found at large and unattended upon public property, park property
or a public right-of-way, or upon the property of someone other than
its owner, thereby creating a hazard to person or property, such animal
may, in the discretion of the Chief of Police or authorized designee
or Animal Control Officer, be destroyed if it cannot be confined or
captured. Neither the City, nor the Police Department, nor an Animal
Control Officer or its designees shall be under any duty to attempt
the confinement or capture of a dangerous dog or other dangerous animal
found at large, nor shall it have a duty to notify the owner of such
prior to its destruction. The prudent use of firearms by such officer
for this purpose or for any purpose required by this section shall
not be considered a violation of this Code or other ordinances of
the City.
O.
Confiscation by Animal Control Authority. The Animal Control Authority
may confiscate and destroy in an expeditious and humane manner any
potentially dangerous or dangerous dog that is in violation of this
chapter. If the dog has bitten a human being or domestic animal, the
Animal Control Authority shall quarantine the dog for the proper length
of time if it can be confined or captured. The owner shall be responsible
for the reasonable costs incurred for the care and destruction of
the dog, including but not limited to boarding fees and impoundment
fees.
P.
Registry of dangerous dogs. The owner of any dog that has been determined to be dangerous as defined in § 85-14A(2) or previously determined to be dangerous under this chapter shall register such dog with the Animal Control Authority within 30 days of such determination or within 30 days of enactment of this section if previously determined to be dangerous.
(1)
Such registration shall include the following information:
(a)
The name of the current owner of the dog;
(b)
The address where the dog is harbored;
(c)
A description of the dog, including name, breed, sex, and coloring;
(d)
The current license number for the dog;
(f)
Microchip manufacturer and microchip identification number;
(g)
A written description of the confinement practice being utilized
with a written acknowledgement indicating the owner has and will continue
to comply with the confinement provisions of this chapter;
(h)
Written evidence from a licensed veterinarian that the dog is
neutered or spayed;
(i)
A written acknowledgment that the owner shall notify the Animal
Control Authority immediately if said dog is known by the owner to
be running at large or when the owner has any knowledge or belief
that the dog has bitten or is alleged to have bitten a human being
or domestic animal;
(j)
A written acknowledgment that the owner shall notify the Animal
Control Authority of any changes in material recorded as a part of
the registration within 24 hours of said change. Changes in material
recorded as part of the registration shall include, but are not limited
to, information that the dog has been sold, given away, or otherwise
transferred to any other person, and in that event the registered
owner shall provide the director with the name, address, and telephone
number of such person; and
(k)
A nonrefundable yearly registration fee as set forth by the
Master Fee Schedule, which fee shall be in addition to any other license
fee required by this chapter.
(2)
Upon satisfactory completion of all the requirements of this section,
the Animal Control Authority shall issue a registration certificate
which shall be used to assign the dog a permanent number. The registration
requirements, including the notification requirements acknowledged
therein, shall be construed as affirmative duties upon the owner.
Failure to perform any of said duties shall constitute a separate
violation of this section.
(3)
It shall be unlawful for any person registering a dog to falsify
or misrepresent material recorded as a part of the registration.
(4)
At least once per calendar year, the Animal Control Authority shall
publish in the local newspaper a list of dogs on the above registry,
providing the name of the owner, the address where the dog is harbored,
and a description of the dog, including name and breed.
Q.
Removal of identification. It shall be unlawful for any person to
remove any tattoo, microchip, or any other marking used for identification
from a potentially dangerous or dangerous dog.
No person shall maintain a female dog or cat in heat in the
City, unless such female is on a leash confined to the owner's
property or confined by adequate enclosure to the owner's property.
No female dog shall be permitted to leave the owner's property,
unless on a leash and in custody of an adult person. The owner or
possessor of any female dog which is impounded because of being found
running at large while in heat shall be deemed guilty of a violation
of this section.
A.
No person shall own, keep or harbor any dog within the City which
by the constant and continued barking, whining or howling in an excessive,
continuous or untimely fashion shall annoy or disturb the surrounding
neighborhood or other persons.
B.
Any dog which annoys or disturbs the surrounding neighborhood or
other persons by its constant and continual barking, whining or howling
in an excessive, continuous or untimely fashion may be declared a
public nuisance and impounded by the Animal Control Authority.
C.
A dog so impounded may be reclaimed upon payment of pickup and per-day
boarding fees as set by forth by resolution of the City Council.
A.
It shall be unlawful for any person to own, keep or harbor at any
time more than four adult animals per residential unit in the City
of Papillion. For purposes of this section, an adult dog or cat is
a dog or cat that is more than four months old; however, this section
shall not apply to licensed catteries or holders of an animal rescue
permit. The number of animals authorized by a cattery license or an
animal rescue permit shall not be in addition to the total number
of animals specified by this subsection.
B.
Waiver. Any resident of a subdivision annexed after January 1, 2012,
may be granted a waiver to the number of animals permitted provided:
(1)
The owner is in compliance with the number of animals permitted by
Sarpy County at the time of annexation;
(2)
The waiver shall apply only to the animals licensed within 30 days of the notification date of annexation, provided that the license is renewed annually as required by § 85-20. Death of the animal or failure to renew the license shall cause the revocation of the waiver. The waiver may not be transferred to any other animal. The owner may not obtain a license for any new animal until such time that the number of animals has been reduced to comply with § 85-17A.
A.
License required. Any person who boards, buys, sells, keeps or breeds
more than four but not more than 10 cats in any residential zoned
area shall obtain a license which shall be designated thereon as a
"cattery" and shall obtain a license therefor. Each individual cat
listed in the cattery permit shall also be licensed. Holders of an
animal rescue permit shall not be eligible to hold a cattery license.
B.
Application; inspection.
(1)
Written application for a license required by the provisions of this
section shall be made to the duly authorized Animal Control Authority
and shall state:
(2)
The applicant shall certify to the information in such application
under penalty of law for the willful making of any untrue statement.
(3)
Such written application for license shall be accompanied by proof
of current rabies vaccination for each cat over the age of four months.
C.
Fee. The fee for a cattery license shall as set forth by the Master
Fee Schedule and shall be paid at the time of making application and
inspection therefor.
D.
Creation of a nuisance. No cattery shall be maintained nor shall
a license be issued to a cattery that creates a nuisance in the immediate
neighborhood through noise, odor or unsanitary conditions as determined
by the Animal Control Authority. All treatment records shall be maintained
on the premises, and they and the premises shall be open for inspection
by duly authorized agents of the Animal Control Authority during reasonable
hours.
A.
Permit required. Any person who operates an animal rescue and holds
an animal rescue permit may own, keep, harbor, or maintain no more
than five dogs total and/or six or more cats but no more than eight
total dogs and cats four months of age or older on the lot on which
he or she resides or on a contiguous lot, which lot or lots are not
zoned for business. Holders of a license to operate a cattery shall
not be eligible to hold an animal rescue permit.
B.
Application for permit; issuance; fee. Any person desiring an animal
rescue permit shall file an application with the Animal Control Authority
for issuance of the permit. The Animal Control Authority shall inspect
for and consider the applicant's compliance with this chapter
in determining whether to issue the permit. Proof of compliance with
the qualifications for an animal rescue may be required by the Animal
Control Authority at the time of initial application, at renewal,
or at any other time. An initial inspection fee as set forth by the
Master Fee Schedule shall be paid at the time of application. In addition,
a permit fee as set forth by the Master Fee Schedule shall be paid
by the applicant annually on the anniversary of the issuance date
of the permit.
C.
Pet license required. All animals owned, kept, possessed or harbored under an animal rescue permit must be licensed as required by § 85-20. Proof of individual license on each pet animal must be provided at the time of inspection.
D.
Vaccination required. All animals owned, kept, possessed or harbored under an animal rescue permit must be vaccinated against rabies as required by Article IV of this chapter. Proof of individual rabies vaccination on each animal must be provided at the time of inspection.
E.
Duration; renewal of permit; revocation. The permit shall allow the
applicant to operate an animal rescue for a period of one year unless
said permit is revoked. Being found guilty by a court of law of any
violation of this chapter may constitute sufficient cause for revocation
of the permit. Failure to permit inspection pursuant to this section
shall be grounds for immediate revocation of this permit. The permit
shall be subject to renewal annually.
F.
Maintenance and inspection of premises and animals. The premises
for which the permit is issued shall be maintained in a clean and
safe condition at all times. Sanitary methods shall be used to prevent
or abate any offensive odors. The Animal Control Authority shall have
the right to inspect such premises and the animals therein at reasonable
hours to ascertain that the premises are kept as required by this
chapter and meet the following operational standards and such other
standards as are promulgated by the Animal Control Authority.
(1)
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)
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)
Indoor housing shall provide for adequate ventilation, lighting,
temperature control, and construction so as to provide for the safety
and comfort of the animals;
(4)
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)
Animals shall be predominantly maintained indoors. The premises shall
provide a fenced enclosure sufficient to contain any dogs while outside;
(6)
All areas of the premises inspected for an animal rescue permit shall
be made open and available for inspection by the Animal Control Authority.
Any person owning, keeping, harboring or having custody of any
dog or cat over four months of age within this City must obtain a
license as provided in this article. Prior to obtaining a license,
proof of a rabies vaccination shall be required.
A.
License application procedure generally. Written application for
licenses shall be made to the licensing authority which shall include
name and address of applicant, description of the animal, the appropriate
fee, a rabies certificate issued by a licensed veterinarian and a
declaration of ownership of the animal signed by the applicant.
B.
License duration. If not revoked, licenses for the keeping of dogs
and cats shall be for a period of one year.
C.
License time of application. Application for a license must be made
within 10 days after obtaining a dog or cat over four months of age,
except that this requirement will not apply to a nonresident keeping
a dog or cat within the City for not longer than 60 days.
D.
License fee exemption. License fees shall not be required for Seeing
Eye dogs or governmental police dogs.
E.
Issuance; design. Upon payment of the required license fee, the licensing
authority shall issue a numbered receipt and tag as necessary to the
owner for the dog or cat licensed. Tags shall be issued annually or
at other intervals determined by the authority. Alternatively, the
authority may recognize microchip identification numbers as the license
number, and the microchip shall substitute for the physical tag.
F.
When worn. Dogs or cats must wear identification tags or collars
at all times when off the premises of the owners. In the absence of
a tag, a dog or cat shall be regarded as a stray whenever off its
owner's property.
G.
Licensing; time of application; proportion paid. The licensing period
shall be January 1 of each year and shall run for one year. Any license
not applied for by March 15 of each year for an animal owed prior
to March 15 of each year shall be considered delinquent. Application
for a license may be made beginning the first day of January of each
year. Persons applying for a license during the licensing year shall
be required to pay 100% of the fee stipulated in this section.
H.
Amount of fee.
(1)
A license fee for dogs and cats shall be as set forth by the Master
Fee Schedule. No dog license fees will be charged for senior citizens
(65 or older) who own a spayed or neutered animal(s).
(2)
If a dog or cat is licensed after the delinquent date of March 15
of each year, the fee for either status of animal shall be doubled.
The licensing authority contracted by the City of Papillion to administer
the animal ordinances is hereby authorized to charge a handling/license
issuance fee as set forth by the Master Fee Schedule and waive the
late fee at its discretion.
I.
Duplicate license. A duplicate license under this section may be
obtained upon payment of a replacement fee.
J.
Transfer of license. No person may use any license for any animal
other than the animal for which it was issued.
K.
Presumption of age. All dogs and cats found roaming at large without
proper proof of date of birth shall be regarded as animals at least
four months old and therefore shall be subject to the licensing requirements.
L.
Duty of Animal Control Authority to procure. The Animal Control Authority
shall procure all plates, tags and supplies necessary for the purposes
of this article, and he shall be held responsible for and shall be
charged with and held for the same. An accounting of same will be
forwarded to the City Treasurer.
The City shall establish or contract with the Animal Control
Authority to establish an animal shelter and provide for its maintenance.
The shelter shall be sanitary, heated, ventilated and lighted. The
kennels shall be kept open during such hours as shall be provided
by the contract. The hours of operation for the shelter and the kennels
shall be posted on the main entrance. The Animal Control Authority
may utilize alternative facilities for the care of animals in the
event that the Animal Control Authority is unable to provide necessary
care at the shelter.
A.
Unrestrained pets shall be taken by the police, animal control officers
or Animal Control Authority and impounded in an animal shelter and
there confined in a humane manner. The Animal Control Authority shall
make an attempt to notify the owner of an impounded licensed animal
as soon as possible after the animal is impounded.
B.
An owner reclaiming an impounded animal shall pay an impoundment
fee for the animal, plus a kennel fee for each day the animal has
been impounded. The day on which the animal was impounded shall count
as one day, and any part of any day during which the animal is impounded
shall also count as a full day.
C.
Unclaimed impounded animals shall be kept for not less than five
days.
D.
Any animal not reclaimed by its owner within five days shall become
the property of the Animal Control Authority and shall be placed for
adoption in a suitable home or humanely destroyed.
E.
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 Animal Control
Authority. If said stray animal cannot be captured by a conventional
means, every police or Animal Control Officer is authorized to use
any means necessary to remove said animal.
A.
Any duly authorized public health official or law enforcement official
may seek a warrant from the appropriate court to enable him or her
to enter upon private property in order to inspect, care for or impound
animals which show signs of animal neglect or animal abuse. All requests
for such warrants shall be accompanied by an affidavit stating the
probable cause to believe a violation of this chapter has occurred.
Each affidavit shall be accompanied by a sworn statement from any
person filing a complaint of improper care with the appropriate agency.
All animals impounded pursuant to such warrant or any other order
of the court shall be:
(1)
Placed in the care or custody of a veterinarian, or the Animal Control
Authority; or
(2)
If it is determined by a veterinarian acting for the Animal Control
Authority that such animal is diseased or disabled beyond any useful
purpose, the animal shall immediately become the property of the Animal
Control Authority to be humanely destroyed as the Animal Control Authority
deems appropriate.
B.
The owner or custodian of an animal impounded pursuant to this section
shall be liable for the reasonable cost of the care and maintenance
of the animal as set by the Animal Control Authority during the period
of impoundment. Such costs shall be a lien upon the animal; and the
Animal Control Authority may refuse to release such animal at the
end of the legal proceedings until such costs have been paid.
C.
If a person is convicted of the crime of animal neglect, animal abuse
or animal fighting and the sentencing court having jurisdiction is
satisfied that an animal owned or controlled by such person may be
subject to further neglect or abuse in the future, the court may exercise
its discretion in determining the disposition of the animal, as deemed
appropriate.
A.
Authority to impound. Any animal found abandoned, neglected, cruelly
treated or in such a condition as to constitute a direct and immediate
threat to its life, safety or health may be impounded immediately
by the Animal Control Authority for a period of 72 hours.
B.
Destruction of impounded animal. If it is determined by a veterinarian
acting for the Animal Control Authority that such animal is diseased
or disabled beyond any useful purpose, the animal shall immediately
become the property of the Animal Control Authority to be humanely
destroyed as the Animal Control Authority deems appropriate.
C.
Impoundment by court order. The court may order the impoundment of
such animal beyond such seventy-two-hour period if the animal is in
such a condition as to constitute a direct and immediate threat to
its life, safety or health or as the court otherwise deems appropriate
for the health and safety of the public.
D.
Impoundment expenses and payment. Any person who owns, keeps, harbors,
maintains, or controls any animal involved in such impoundment shall
pay all expenses, including shelter, food, reasonable and necessary
veterinary expenses, boarding, or other expenses, necessitated by
the impoundment of the animal for the protection of the public and
other expenses as may be required. The Animal Control Authority may
require such person to pay, prior to the expiration of 10 days after
the date of impoundment, an amount sufficient to pay all reasonable
expenses incurred in caring and providing for the animal, including
estimated medical care, for 30 days, inclusive of the date on which
the animal was impounded. If such payment is not made prior to expiration
of this ten-day period, the animal shall become the property of the
Animal Control Authority to be placed with a new owner or humanely
destroyed as the Animal Control Authority deems appropriate. Such
payment will be required for each succeeding thirty-day period. If
any such payment is not made prior to the end of each succeeding thirty-day
period, the animal shall become the property of the Animal Control
Authority to be placed with a new owner or humanely destroyed as the
Animal Control Authority deems appropriate.
E.
Establishment of impoundment payment. The amount of the payment for
impoundment shall be determined by the Animal Control Authority based
on the current rate for board at the animal shelter and the condition
of the animal after examination of the animal by a veterinarian acting
for the Animal Control Authority.
F.
Impoundment reimbursement. Any payment for impoundment received by
the Animal Control Authority in excess of the amount determined by
the Animal Control Authority to be due for the board and care of the
animal shall be refunded by the Animal Control Authority upon expiration
of the order of impoundment.
G.
Notwithstanding the foregoing, if the owner or custodian is found
not guilty of animal neglect or cruelty, the owner or custodian shall
only be required to pay the reasonable and necessary veterinary expenses
and 1/2 of the board and care fees determined by the Animal Control
Authority to be due.
Any dog, licensed or unlicensed, found on school property in
the City during school hours shall be picked up and impounded. A dog
so impounded may be reclaimed upon payment of pickup and per-day boarding
fees as set forth by the Master Fee Schedule.
A.
Prohibited acts. It shall be unlawful for any person to torment,
beat, strike, interfere with, endanger, injure or kill or administer
or subject desensitizing drugs, chemicals or substances to any dog
used by a law enforcement officer in the performance of his or her
duties or when the dog is placed in a kennel or any enclosure while
off duty.
B.
Exception. This section shall not apply to any police officer or
veterinarian who is required to treat any such animal or who may perform
euthanasia in an emergency situation when delay would cause the dog
undue suffering and pain.
