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:
(a) 
Any dog which, without provocation:
[1] 
Inflicts an injury on a human being that does not require medical treatment;
[2] 
Injures a domestic animal; or
[3] 
Chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack.
(b) 
Any dog with a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to threaten the safety of human beings or other domestic animals; or
(c) 
Any dog that snaps, bites or manifests a disposition to snap or bite.
(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.
(7) 
Reckless owner. If the owner fails to comply with § 85-14D, E, H and I within the time limits specified, the Animal Control Authority shall initiate administrative proceedings under § 85-46 to declare the owner a reckless owner.
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:
(1) 
Be no less than 10 inches by 12 inches in size;
(2) 
Contain the words "Warning; Dangerous Animal" in high contrast lettering on a black background in English; and
(3) 
Lettering must be no less than three inches high.
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;
(e) 
The carrier and policy number for public liability insurance as required in § 85-14I;
(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:
(a) 
The name and address of the license holder;
(b) 
The breed, color, age and sex of each cat;
(c) 
Whether such cat is neutered, spayed or intact; and
(d) 
Such other information as may identify each cat.
(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.