[Adopted as Ch. 6, Art. 2, of the 1976 Code]
It shall be unlawful for the owner, keeper, or harborer of any
animal, or any person having the charge, custody, or control thereof,
to permit a horse, mule, cow, sheep, goat, swine, or other animal
to be driven or run at large on any of the public ways and property,
or upon the property of another, or to be tethered or staked out in
such a manner so as to allow such animal to reach or pass into any
public way. (Neb. RS 16-235)
No person shall cruelly or unnecessarily beat, overwork, or
insufficiently shelter or feed any animal within the municipality.
(Neb. RS 16-210)
No person shall kill or injure any animal by the use of firearms,
stones, clubs, poisons, or any other manner unless the animal is vicious
or dangerous and cannot be captured without danger to the persons
attempting to effect a capture of the animal. (Neb. RS 16-210)
All pens, cages, sheds, yards, or any other area or enclosure
for the confinement of animals and fowl not specifically barred within
the corporate limits shall be kept in a clean and orderly manner so
as not to become a menace or nuisance to the neighborhood in which
the enclosure is located.
It shall be unlawful for any person to allow poultry, chickens,
turkeys, geese, or any other fowl to run at large within the corporate
limits, except in enclosed places on private property. (Neb. RS 16-235)[1]
[1]
Editor's Note: Original §§ 6-206, Dangerous dogs and animals, 6-207, Impoundment during proceedings, 6-208, Confinement, 6-209, Leashing, 6-210, Proof of insurance, and 6-211, Destruction of dangerous at-large animals, of the 1976 Code, added 12-2-1986 by Ord. No. 17-86, as amended, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Art. III of this chapter.
[Added 8-3-1999 by Ord.
No. 24-99]
A.
No person
owning or keeping any animal shall fail to prevent such animal from
defecating upon any property other than the premises of the owner
or keeper.
B.
It is
a specific defense to the charge of violating this section that the
defecation occurred on private property with the express permission
of the owner or all tenants thereof. It is further a specific defense
to a charge of violating this section that the owner or keeper immediately
removed or cleaned up such deposit and disposed of it thereof by depositing
it in a toilet or receptacle ordinarily used for garbage and covered
by a lid or in an otherwise lawful and sanitary manner.
C.
Every
person convicted of a violation of this section shall pay at least
a minimum fine according to the following schedule: first conviction,
$10; second conviction, $25; third and each subsequent conviction,
$50. The record of the violator for two years prior to the date of
the current violation will be considered.
Except as otherwise provided herein, any person who violates
the prohibitions or provisions of this article shall be deemed guilty
of a violation. The penalty for such violation shall be an amount
not to exceed $500 for any one offense, recoverable with costs, and
in default of said payment the offender shall stand committed to the
County Jail until such fine and costs are paid. Each period of 24
hours during or on which a violation occurs or continues shall be
deemed a separate offense.
