Definition of terms as used in the Chapter is as follows:
1.
ANIMAL – Means any and all types of animals, both domesticated
and wild, male and female, singular and plural.
2.
AT LARGE – Means off the premises of the owner or custodian
of the animal or fowl and not under the immediate control of the owner
or custodian.
3.
FOWL – Means any and all domesticated and wild, male and female,
singular and plural.
(Ref. 16-206, 16-235 RS Neb.)
[Amended by Ord. No. 1089, 5-4-2004]
It shall be unlawful for any owner of an animal in the City
to fail to keep his or her animal securely restrained by a chain or
otherwise confined in or upon his or her premises in some enclosure.
(Ref. 16-206, 16-235 RS Neb.)
[Amended by Ord. No. 1089, 5-4-2004]
It shall be unlawful for any person to allow or permit any animal
which is owned, kept, possessed or harbored by him or her to run or
be at large in or upon the private premises of others or upon the
streets, highways or other public ways or places of the City. Such
action is declared to be a nuisance and dangerous to the public health
and safety. (Ref. 16-206, 16-235 RS Neb.)
1.
Any person finding any animal or fowl on his property to his injury
or annoyance may take up same and remove it to any private or other
animal shelter that will take possession of it. Any such person impounding
any animal or fowl as set forth herein shall so notify the owner of
such animal or fowl, within a reasonable time after such impounding;
Provided, such person knows or could reasonably have learned the owners
thereof with reasonable diligence.
2.
If no such shelter is available, he may hold the animal or fowl in
his own possession, and as soon as possible notify the Police Department
of his custody, giving a description of the animal or fowl and the
name of the owner, if known.
(Ref. 16-206, 16-235 RS Neb.)
The Police Department as soon as possible after receiving notice
will dispatch an Officer to appear at the premises and take possession
of the animal or fowl. (Ref. 16-206 RS Neb.)
If the Officer has or with reasonable dispatch can obtain the
name of the owner or custodian of the animal or fowl, he will return
it to the resident address. If there is no one at the address, he
will leave a notice where the owner or custodian may reclaim the animal
or fowl. He will then proceed to the nearest animal hospital or shelter
which will accept the animal or fowl and leave it. He will then secure
or cause to be secured or serve or have served a warrant of arrest
on the owner or custodian for permitting the animal or fowl to go
at large. (Ref. 16-206, 16-236 RS Neb.)
Any Officer or designated person picking up an animal or fowl,
and after reasonable diligence is unable to find who owns or has custody
of it, will take it to the nearest Animal Hospital or Shelter and
leave it. (Ref. 16-236 RS Neb.)
Any Police Officer or other person designated by the City for
such purpose is authorized to capture and impound any animal or fowl
found at large, impounding to be in accordance with the procedure
authorized by this Chapter. In the event that capture cannot be effected
promptly, the Officer or person is authorized to destroy the animal
or fowl. (Ref. 16-206, 16-236 RS Neb.)
The following fee shall be charged for the impoundment of any
animal under the provisions of this Chapter, the redemption fee shall
be paid to the City in addition to any sums paid to an animal hospital,
shelter or pound for board bill:
The owner or custodian who redeems an animal or fowl from an
Animal Hospital, Shelter or Pound, will pay a board bill on a per
diem basis in an amount previously agreed to between the City and
the owner of the Hospital Shelter. (Ref. 16-236 RS Neb.)
If the owner of any animal impounded under this Chapter fails
to redeem his animal within the time allowed for redemption, and any
other person may, upon complying with all provisions of this Chapter,
redeem the animal from the Animal Hospital, Shelter, or Pound and
be the lawful owner of the animal thereafter. (Ref. 16-236 RS Neb.)
Any unvaccinated dog or cat may be reclaimed by its owner during
the period of impoundment by paying a described fee as set forth in
this Chapter, and by complying with the rabies vaccination requirement
of this fact within 72 hours of release. (Ref. 16-236 RS Neb.)
The Pound Master may return any currently licensed dog or cat to the owner thereof, if the owner may be immediately ascertained and the owner shall pay to the Hospital, Shelter, or Pound the boarding costs of the animal; Provided further, that the owner shall sign a receipt for the animal and that such animal is vaccinated against rabies as required by Chapter 6, Article 4.
Any animal or fowl not redeemed within 72 hours will be disposed
of in such manner as previously agreed upon between the City and owner
of the Animal Hospital, Shelter, or Pound. The owner of the Hospital,
Shelter, or Pound is made an agent of the City for this purpose and
his actions in this regard are declared to be for a governmental purpose.
(Ref. 16-236 RS Neb.)
Should any Officer or designated person upon call or upon his
own initiative pick up a large animal such as a horse, cow, or mule,
or any other animal not acceptable by an Animal Hospital, Shelter,
or Pound, he is authorized to call a trucking firm or company. The
firm or company will convey the animal outside the corporate limits
to one of the farms which has a working agreement with the City to
handle such cases. The disposition of the animal in this case shall
be handled in the same manner as though it were in an Animal Hospital,
Shelter or Pound. (Ref. 16-236 RS Neb.)
It is unlawful for the Animal Hospital, Shelter or Pound to
destroy, cause or allow to be destroyed any animal impounded until
the expiration of the impoundment time limits; Provided, however,
if the Animal Hospital, Shelter or Pound impounds or receives an animal
severely injured or has contagious disease other than rabies, and
in the Animal Hospital, Shelter, or Pound's judgment that the animal
is suffering and recovery is doubtful, he may destroy the animal.
(Ref. 16-206, 16-236 RS Neb.)
It is unlawful for any person purposely or knowingly to:
1.
Mistreat any animal; or
2.
Neglect any animal in that person's custody; or
3.
Injure or kill any animal belonging to another person without being licensed or privileged to do so, or without the consent of the owner; Provided, however, that subsections 1 and 2 of this Section shall not be deemed applicable to accepted veterinary practices or activities carried on for reorganized scientific research.
(Ref. 18-1002 RS Neb.)
[Amended by Ord. No. 1028, 9-5-2000; repealed by Ord. No.
1089, 5-4-2004]
Repealed.
1.
No person shall own, keep, harbor or allow to be in or upon any premises
occupied by him, or under his charge or control, any dog or other
animal of a cross, dangerous, or fierce disposition or that habitually
snaps, bites or manifests a disposition to snap or bite, or otherwise
cause injury without the dog or other animal being confined so as
to protect the public from injury.
2.
If, upon the conviction of an offense under this Section, it shall
appear to the court that the dog or other animal is still living,
the court may, in addition to any other fine or judgment, order the
Chief of Police to forthwith put the dog to death by removing the
same to the Animal Hospital, Shelter or Pound for such purpose.
(Ref. 16-206 RS Neb.)
[Amended by Ord. No. 1089, 5-4-2004]
It shall be unlawful for any person owning, possessing, harboring
or keeping any animal to do any of the following:
1.
Permit an animal to defecate on any privately owned or occupied property
other than that of the owner or the person having control of the animal
without immediately cleaning or removing the excrement;
2.
Permit an animal to defecate on public property, including designated
off-leash dog parks, without immediately cleaning or removing the
excrement;
3.
Permit an animal, whether restrained by a leash or not, to be present
at any time upon the playing surface of any baseball or softball diamond,
including foul territory thereof, or upon any football or soccer field.
This provision shall apply to any such diamond or field owned or maintained
by any political subdivision.
4.
Permit an animal to unreasonably obstruct the use and enjoyment of
property held by others in the community by allowing such animal to
habitually bark, howl, yelp, bay or make other noise which by loudness
or frequency causes a breach of the peace; provided, however, this
section shall not apply to the animal shelter, veterinarians, and
medical laboratories.
5.
Permit unsanitary conditions to exist on any premises where an animal
is kept which would cause foul or obnoxious odors, attract flies or
vermin or otherwise threaten the public health and safety;
6.
Permit an animal to engage in menacing behavior including but not
limited to the chasing of vehicles or the molesting or frightening
of passersby or neighbors.
|
An animal control officer or police officer may abate any of
the above nuisances, either through issuance of a citation or impounding
the animal, if no owner or agent can be found at the time of the nuisance.
|
The Animal Hospital, Shelter or Pound shall not purchase or
be interested, directly or indirectly, in the purchase of any animal
sold by him under the provisions of this Chapter. (Ref. 16-236 RS
Neb.)
The Mayor and City Council, in lieu of utilizing City employees, may contract with humane societies or others for the performance of all or a part of the services required to carry out and enforce the provisions of Articles 1 through 6 of Chapter 6 of the Ralston Municipal Code. During such time as such services are under contract, then to the extent said services are contracted:
1.
The Humane Society or other contractor shall generally perform the
duties prescribed by ordinance to be performed by the City Humane
Officer.
2.
Said Humane Society or other contractor shall be authorized to issue
animal licenses, collect license fees, maintain licensing records
and to perform such other duties as are prescribed by ordinance to
be performed by the City Clerk in connection with the control of animals
and the licensing thereof.
3.
Mayor and City Council may by resolution specially deputize the employees of such Humane Society or other contractor for the limited purpose of issuing complaints and citations for the violation of provisions of Article 1 through 6 of Chapter 6 of the Ralston Municipal Code; Provided, however, such deputization shall not include the authority to make arrests of persons for such violations and any such arrests shall be made by regular law enforcement officers.
(Ref. 16-236 RS Neb.)
All moneys received and collected under the provisions of this
Chapter shall be deposited in the general funds of the City. (Ref.
16-235 RS Neb.)
Editor's Note: Section 6-124, Animals and Fowl; Violation; Penalty, was repealed by Ord. No. 1303.
[Ord. No. 833, 10-18-1988; Ord. 888, 7-23-1991]
Shall mean the pitting of any animal against a bear. Cockfighting
shall mean the pitting of a fowl against another fowl. Dogfighting
shall mean the pitting of a dog against another dog. Pitting shall
mean bringing animals together in combat. (Ref. 28-1004 RS Neb.)
[Ord. No. 833, 10-18-1988; Ord. 888, 7-23-1991]
No person shall knowingly promote, engage in, or be employed
at dogfighting, cockfighting, bearbaiting, or pitting an animal against
another. Nor shall any person knowingly receive money for the admission
of another person to a place kept for such purpose. Nor shall any
person knowingly own, use, train, sell, or possess an animal for the
purpose of animal pitting. Nor shall any person knowingly permit any
act as described in this Section to occur on any premises owned or
controlled by him or her. (Ref. 28-1005 RS Neb.)
[Ord. No. 833, 10-18-1988; Ord. 888, 7-23-1991]
No person shall knowingly and willingly be present at and witness
as a spectator dogfighting, cockfighting, bearbaiting, or the pitting
of an animal against another as prohibited in section (Prohibited).
(Ref. 28-1005 RS Neb.)
[Added by Ord. 891, 7-23-1991]
A.
ABANDON – Shall mean to leave any animal for any length of
time without making effective provision for its food, water, or other
care as is reasonably necessary for the animal's health;
B.
ANIMAL – Shall mean any vertebrate member of the animal kingdom
except man. The term shall not include an uncaptured wild creature;
C.
CRUELLY MISTREAT – Shall mean to knowingly and intentionally
kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise
set upon any animal;
D.
CRUELLY NEGLECT – Shall mean to fail to provide any animal
in one's care, whether as owner or custodian, with food, water, or
other care as is reasonably necessary for the animal's health;
E.
HUMANE KILLING – Shall mean the destruction of an animal by
a method which causes the animal a minimum of pain and suffering;
and
F.
LAW ENFORCEMENT OFFICER – Shall mean any member of the Nebraska
State Patrol, any County or Deputy Sheriff, any member of the Police
Force of any City or Village, or any other public official authorized
by a City or Village to enforce State or local Animal Control Laws,
rules, regulations, or ordinances.
(Ref. 28-1008 RS Neb.)
[Added by Ord. 891, 7-23-1991]
A.
Any Law Enforcement Officer who has reason to believe that an animal
has been abandoned or is being cruelly neglected or cruelly mistreated
may seek a warrant authorizing entry upon private property to inspect,
care for, or impound the animal.
B.
Any Law Enforcement Officer who has reason to believe that an animal
has been abandoned or is being cruelly neglected or cruelly mistreated
may issue a citation to the owner as prescribed by law.
C.
Any Law Enforcement Officer acting under this Section shall not be
liable for damage to property if such damage is not the result of
the officer's negligence.
(Ref. 28-1012 RS Neb.)
[Added by Ord. 891, 7-23-1991]
A person commits cruelty to animals if he or she abandons, cruelly
mistreats, or cruelly neglects an animal. (Ref. 28-1009 RS Neb.)
[Added 11-3-2020 by Ord. No. 1263]
Any animal found abandoned, cruelly mistreated, cruelly neglected,
or otherwise in such a condition as to constitute a direct and immediate
threat to its life, safety or health may be immediately impounded
by any law enforcement officer or animal control authority authorized
by the City to enforce animal control laws, regulation or ordinances,
for a period of 72 hours. The animal control authority may seek a
court order that such animal remain impounded beyond the 72 hour period
if the animal is in such condition as to constitute a direct and immediate
threat to its life, safety or heath or as the court otherwise deems
appropriate for the health and safety of the public. The owner of
the animal involved in such impoundment shall pay all expenses of
the impoundment to the animal control authority, including costs of
shelter, food, veterinary expenses, boarding, and other expenses necessitated
by the impoundment of the animal or as may be required for the protection
of the public. The animal control authority may require such person,
prior to expiration of ten days after the date of impoundment, to
pay 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.
Additional payments may be required for each succeeding thirty-day
period. If any such payment is not made prior to the end of the initial
ten- day period, or each succeeding thirty-day period, the animal
shall become the property of the animal control authority and may
be disposed of or placed with a new owner in accordance with the authority's
applicable rules and regulations. 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 animal
after its examination 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 authority to be due for
the board and care of the animal shall be refunded by the authority
upon expiration of the order of impoundment. Notwithstanding the foregoing,
if the owner of the animal is found not guilty of animal neglect or
cruelty, the owner shall only be required to pay the veterinary expenses.
Notwithstanding the foregoing, if it is determined by a veterinarian
acting for the animal control authority that any such impounded animal
is diseased or disabled to the extent that it would be inhumane to
allow such animal to continue to suffer the effects of such disease
or disability, then the animal shall immediately become the property
of the animal control authority and may be humanely killed in accordance
with the authority' s applicable rules and regulations.
