A.
The Animal Control Authority shall initiate administrative proceedings to declare an owner who has been convicted of one or more violations of this chapter on three separate occasions in a twenty-four-month period or whose dog has been determined to be dangerous or potentially dangerous and who has not complied with the requirements of this chapter pertaining to dangerous or potentially dangerous dogs a reckless owner and to revoke all licenses and permits issued to such person under Article III. Such proceedings shall be instituted by service of a notice of declaration and revocation, in writing, upon such 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 notice shall contain:
(1)
The name and address of the owner who is subject to such declaration
and revocation;
(2)
The name(s), description(s) and license number(s) of any pet animal(s)
licensed by the owner that are associated with such violations;
(3)
The name(s), description(s) and license number(s) for all pet animals
licensed to the owner that will be subject to revocation;
(4)
A description of all licenses and permits issued under Article III that will be subject to revocation;
(5)
A summary of the violations or requirements which form the basis
of such declaration and revocation, including the case numbers, if
any;
(6)
A summary of the effects of such declaration, including the revocation
of said licenses and permits and surrender to the Animal Control Authority
of all pet animal(s);
(7)
A statement of the date on which the declaration and revocation order
will become a final 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
personal or residential service) of the notice; and
(8)
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 notice.
B.
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 declaration and revocation notice, then such declaration and revocation shall become final, and the owner shall surrender such animal to the Animal Control Authority within 24 hours after the expiration of the ten-day period. Failure to surrender such animal shall result in immediate impoundment by the Animal Control Authority in accordance with Article III. Such surrendered or impounded animal shall immediately become the property of the Animal Control Authority and may be destroyed humanely or placed with a new owner, as the Authority deems appropriate.
C.
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 declaration and revocation
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 declaration and revocation notice. A written determination
to affirm or reverse the declaration and revocation notice shall be
entered by the hearing officer or panel within 10 days after the date
of the hearing, if practicable. If the declaration and revocation
notice is affirmed, the hearing officer or panel shall enter a final
declaration and revocation order requiring the owner to surrender
such animal(s) to the Animal Control Authority within 10 days after
the date of the hearing officer's or panel's decision; 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.
A.
Violations and penalties. It shall be unlawful to violate any provisions
of this chapter. Unless otherwise specified in this chapter, article
or section, any person violating any provisions of this chapter shall
be deemed guilty of a misdemeanor. The penalties for violations under
this chapter shall be as follows:
(1)
A misdemeanor. A fine in any sum not exceeding $1,000 or imprisonment
of one year, or both said fine and imprisonment, at the discretion
of the sentencing court; or
(2)
A Class IV felony. A fine in any sum not exceeding $10,000 or imprisonment
of five years, or both said fine and imprisonment, at the discretion
of the sentencing court.
B.
Abandonment, cruel neglect, and cruel mistreatment.
(1)
Any person who intentionally, knowingly, or recklessly abandons or
cruelly neglects an animal is guilty of a misdemeanor unless the abandonment
or cruel neglect results in serious injury or illness or death of
the animal, in which case it is a Class IV felony.
(2)
Except as provided in § 85-47C(3), a person who cruelly mistreats an animal is guilty of a misdemeanor for the first offense and a Class IV felony for any subsequent offense.
(3)
A person who cruelly mistreats an animal is guilty of a Class IV
felony if such cruel mistreatment involves the knowing and intentional
torture, repeated beating, or mutilation of the animal.
C.
Potentially dangerous or dangerous dogs.
(1)
Any owner who is found guilty of two or more offenses under § 85-14, which have inflicted on a human being a serious bodily injury, shall be guilty of a Class IV felony, whether or not the same dangerous dog is involved. It is a defense to a violation of this subsection that the dangerous dog was, at the time of the infliction of the serious bodily injury, in the custody or direct control of a person other than the owner or the owner's immediate family who is of the age of majority, or a licensed kennel operator, or licensed veterinarian.
(2)
Any person whose dog has been determined to be dangerous or potentially dangerous under § 85-14 and who subsequently violates any subsection of § 85-14, or who has been declared a reckless owner under § 85-46, shall not own a dangerous dog within 10 years of such conviction. Any owner violating this subsection shall be guilty of a misdemeanor, and the dog shall be immediately confiscated by the Animal Control Authority.
D.
Citation; interference; obstruction. Every police or Animal Control
Officer shall be and hereby is authorized to issue a uniform citation
to any person deemed to be in violation of the provisions of this
chapter. Should the violator refuse to sign said citation, a police
officer is authorized to take said person into custody and require
an appearance bond in accordance with the bond schedule issued by
the appropriate court. Any person refusing to sign the citation shall
be guilty of a separate offense and shall be charged with interfering
with a police or Animal Control Officer or interference with a government
operation or obstructing government operations and shall be deemed
guilty of a Class I misdemeanor.
E.
Ownership by child. When an animal is owned by a minor child, the parent of such minor child with whom the child resides or legal guardian with whom the child resides shall be subject to the penalties provided under § 85-47 for any violation of this chapter.
F.
Payment of expenses. Any person found guilty of violating this chapter
shall pay all expenses, including shelter, food and reasonable and
necessary veterinary expenses necessitated by the seizure of any animal.
G.
Court costs and attorney fees. Any person found guilty of violating
this chapter may be ordered by the sentencing court to remit court
costs and attorney fees to the City of Papillion.
H.
Order to comply. Any person found guilty of violating this chapter
may be ordered by the sentencing court to take any action required
to comply with this chapter, including, but not limited to, confiscation
or destruction of any animal owned, harbored, or kept by said person.
I.
Additional remedies. In addition to the penalties provided in this
section, the sentencing court may fashion any other remedies as it
deems proper or necessary under the circumstances or to protect the
health, safety, and welfare of the citizens of the City of Papillion
as applied under this chapter.
J.
Reimbursement. In addition to any other sentence given for a violation
of this chapter, the sentencing court may order the defendant to reimburse
a public or private agency for expenses incurred in conjunction with
the care, impoundment, or disposal of an animal involved in the violation
of this chapter. Whenever the court believes that such reimbursement
may be a proper sentence or the prosecuting attorney requests, the
court shall order presentence documentation regarding the nature and
amount of the expenses incurred. The court may order that reimbursement
be made immediately, in specified installments, or within a specified
period of time, not to exceed five years after the date of judgment.
Even if reimbursement for expenses is not ordered, the defendant shall
be liable for all expenses incurred by a public or private agency
in conjunction with the care, impoundment, or disposal of an animal.
The expenses shall be a lien upon the animal.
K.
Order prohibiting ownership, possession, or residing with animal.
(1)
If a person is convicted of a Class IV felony under this chapter,
the sentencing court shall order such person not to own, possess,
or reside with any animal for at least five years after the date of
conviction, but such time restriction shall not exceed 15 years. Any
person violating such court order shall be guilty of a Class I misdemeanor.
(2)
If a person is convicted of a Class I misdemeanor under § 85-3 or § 85-9D, the sentencing court may order such person not to own, possess, or reside with any animal after the date of conviction, but such time restriction, if any, shall not exceed five years. Any person violating such court order shall be guilty of a Class IV misdemeanor, punishable by a fine of not less than $100 but not exceeding $500.
