As used in this article, the following terms shall have the
meanings indicated:
The entity authorized to enforce the City's animal control
laws and includes any local law enforcement agency or other agency
designated by the City to enforce the City's animal control laws.
Any individual employed, appointed, or authorized by an animal
control authority for the purpose of aiding in the enforcement of
this article or any other law or ordinance relating to the licensure
of animals, control of animals, or seizure and impoundment of animals
and includes any state or local law enforcement officer or other employee
whose duties in whole or in part include assignments that involve
the seizure and impoundment of any animal.
A dog that, according to the records of an animal control authority:
Has killed a human being;
Has inflicted injury on a human being that requires medical
treatment;
Has killed a domestic animal without provocation; or
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.
Exceptions.
A dog shall not be defined as a dangerous dog under Subsection A(2) of this definition, and the owner shall not be guilty under § 213-4.7, if the individual was tormenting, abusing, or assaulting the dog at the time of the injury or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog.
A dog shall not be defined as a dangerous dog under Subsection A(4) of this definition, and the owner shall not be guilty under § 213-4.7, if the injury, damage, or threat was sustained by an individual who, at the time, was committing a willful trespass as defined in Neb. RS 20-203, 28-520, or 28-521, was committing any other tort upon the property of the owner of the dog, was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
A dog shall not be defined as a dangerous dog under Subsection A of this definition if the dog is a police animal as defined in Neb. RS 28-1008
A cat, a dog, or livestock. Livestock includes buffalo, deer,
antelope, fowl, and any other animal in any zoo, wildlife park, refuge,
wildlife area, or nature center intended to be on exhibit.
Treatment administered by a physician or other licensed health
care professional that results in sutures or surgery or treatment
for one or more broken bones.
Any person, firm, corporation, organization, political subdivision,
or department possessing, harboring, keeping, or having control or
custody of a dog.
Any specific dog with a known propensity, tendency, or disposition
to attack when unprovoked, to cause injury, or to threaten the safety
of humans or domestic animals.
|
(Neb. RS 54-617)
|
A.
A dangerous
dog that has been declared as such shall be spayed or neutered and
implanted with a microchip identification number by a licensed veterinarian
within 30 days after such declaration. The cost of both procedures
is the responsibility of the owner of the dangerous dog. Written proof
of both procedures and the microchip identification number shall be
provided to the animal control authority after the procedures are
completed.
B.
No owner
of a dangerous dog shall permit the dog to go beyond the property
of the owner unless the dog is restrained securely by a chain or leash.
C.
Except as provided in Subsection D of this section or for a reasonable veterinary purpose, no owner of a dangerous dog shall transport such dog or permit such dog to be transported to another county, city, or village in this state.
D.
An owner
of a dangerous dog may transport such dog or permit such dog to be
transported to another county, city, or village in this state for
the purpose of permanent relocation of the owner if 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 of 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. After the permanent relocation, the animal control
authority of the county, city, or village in which the owner resides
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 this state and of such county, city, or village with
regard to dangerous dogs. Nothing in this subsection shall permit
the rescindment of the declaration of dangerous dog.
(Neb. RS 54-618)
A.
No person,
firm, partnership, limited-liability company, or corporation shall
own, keep, or harbor or allow to be in or on any premises occupied
by him, her, or it or under his, her, or its charge or control any
dangerous dog without such dog being confined so as to protect the
public from injury.
B.
While
unattended on the owner’s property, a dangerous dog shall be
securely confined, in a humane manner, indoors or in a securely enclosed
and locked pen or structure suitably designed to prevent the entry
of young children and to prevent the dog from escaping. The pen or
structure shall have secure sides and a secure top. If the pen or
structure has no bottom secured to the sides, the sides shall be embedded
into the ground at a depth of at least one foot. The pen or structure
shall also protect the dog from the elements. The pen or structure
shall be at least 10 feet from any property line of the owner. The
owner of a dangerous dog shall post warning signs on the property
where the dog is kept that are clearly visible from all areas of public
access and that inform persons that a dangerous dog is on the property.
Each warning sign shall be no less than 10 inches by 12 inches and
shall contain the words "warning" and "dangerous animal" in high-contrast
lettering at least three inches high on a black background.
(Neb. RS 54-619)
Any dangerous dog may be immediately confiscated by an animal
control officer if the owner is in violation of this article. The
owner shall be responsible for the reasonable costs incurred by the
animal control authority for the care of a dangerous dog confiscated
by an animal control officer or for the destruction of any dangerous
dog if the action by the animal control authority is pursuant to law
and if the owner violated this article. (Neb. RS 54-620)
In addition to any other penalty, a court may order the animal
control authority to dispose of a dangerous dog in an expeditious
and humane manner. (Neb. RS 54-621)
A.
Any owner
whose dangerous dog inflicts on a human being a serious bodily injury
as defined in Neb. RS 28-109 is guilty of a Class I misdemeanor for
the first offense and a Class IV felony for a second or subsequent
offense, whether or not the same dangerous dog is involved.
A.
Any owner convicted of a violation of this article shall not own a dangerous dog within 10 years after such conviction. Any owner violating this subsection shall be guilty of a Class IIIA misdemeanor, and the dog shall be treated as provided in Subsection B of this section.
B.
Except as provided in § 213-4.7, if a dangerous dog of an owner with a prior conviction under this article attacks or bites a human being or domestic animal, the owner shall be guilty of a Class IIIA misdemeanor. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
(Neb. RS 54-623)
