[Amended 11-3-2020 by Ord. No. 1262]
It shall be unlawful for any person to own, keep or harbor, or allow to be in or upon any premises occupied by any person, or under any person's charge or control, any dangerous or potentially dangerous domestic animal except as otherwise provided in this Chapter.
[Amended 11-3-2020 by Ord. No. 1262]
1. 
A "dangerous animal" means any dog or cat that meets one or more of the following conditions:
a. 
Has attacked, snapped at, or bitten a human being or other domestic animal without provocation.
b. 
Has previously been judicially determined to be a dangerous animal or administratively determined to be a potentially dangerous animal, and the animal inflicts an injury on a human being or domestic animal or threatens the safety of a human being or domestic animal.
c. 
Is found engaging in or to have been trained to engage in exhibitions of fighting.
2. 
A "potentially dangerous animal" means any dog or cat that meets one or more of the following conditions:
a. 
Otherwise inflicts an injury on a human being or domestic animal without provocation.
b. 
Has a known history, propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.
c. 
Engages in menacing behavior including but not limited to chasing or approaching a person or vehicle, on either public or private property, in a menacing fashion or apparent attitude of attack, or otherwise molesting or frightening passersby or neighbors.
d. 
Has been judicially or administratively determined in any jurisdiction to be dangerous, potentially dangerous, vicious, or a threat to the health and safety of human beings.
3. 
No dog may be declared dangerous or potentially dangerous if:
a. 
It threatens or injures a person who was tormenting, abusing, or assaulting the dog at the time of the threat or injury.
b. 
It threatens or injures a person who was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was committing or attempting to commit a crime.
c. 
Its actions were to defend or protect a human being within the immediate vicinity of the dog from an unjustified attack or assault.
d. 
The dog is used in connection with law enforcement activities of state or local law enforcement officials.
4. 
Owner shall mean, for purposes of this article, any person or other entity possessing, harboring, keeping, or having control or custody of a dog or cat.
5. 
Animal control authority or animal control officer shall mean the Chief of Police or any Humane Society contracted by the City for animal control services, and any officer or employee of, and authorized by, the animal control authority to perform such services.
[Amended 11-3-2020 by Ord. No. 1262]
1. 
Confinement. No person owning, harboring, or having the care of a dangerous domestic animal shall permit such animal to go unconfined on the premises of such person except in conformity with the leash, harness and muzzle requirements of § 6-305,1. The animal shall be confined in a humane manner indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of children and to prevent the animal from escaping. The pen or structure, if allowed by zoning regulations, shall be set back at least six feet from the nearest property line and have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded no less than one foot into the ground or have a concrete pad. The pen or structure shall also protect the animal from the elements.
2. 
Destruction. If an animal that has attacked or bitten a human being, or otherwise been determined to be a dangerous domestic animal, is found at large and unattended upon property not owned or under the control of the owner of the animal, such animal may, in the discretion of a duly authorized law enforcement officer or the animal control authority, be destroyed if the officer or authority reasonably believes the animal cannot be confined or captured without unreasonable risk of harm to persons or property. The City shall be under no duty to attempt the confinement or capture of a dangerous domestic animal found at large nor shall it have a duty to notify the owner of such animal prior to its destruction.
[Amended 11-3-2020 by Ord. No. 1262]
1. 
Basis. The preliminary determination that an animal 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 animal threatens the safety of the public or domestic animals, the animal control officer may seize and impound the animal from public or private property.
3. 
Notification. Upon a preliminary determination that an animal is potentially dangerous as defined by § 6-302, the animal control authority shall initiate administrative proceedings to make such determination final by serving a preliminary determination notice on such animal'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 animal is subject of the proceeding;
b. 
The name, description, and any known license number of the animal that is subject of the proceeding;
c. 
A statement that the animal control authority has preliminarily determined that animal 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 animal is potentially dangerous, including a summary or copy of § 6-305 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 not be less than ten days after the date of 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 ten days after the date of 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 ten days after the date of 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 § 6-305 within the time limits specified.
5. 
Hearing. If the owner files a written request for hearing with the animal control authority within ten days after the date of service of the preliminary determination notice, a hearing on such notice shall be held by a hearing officer designated by the animal control authority. Written notice of the time and place of hearing shall be served on the owner of the animal by personal or by residential service 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. If the preliminary determination is affirmed, the hearing officer shall enter a final determination order and shall require the owner to comply with § 6-305 within the time limits specified.
6. 
Appeal. Within 14 days after receiving notice of a final determination order, the owner may appeal such order to the City Council in such manner and in accordance with such procedures as it may establish. The requirements of § 3-305 shall be suspended pending such appeal. The City Council may affirm or reverse the decision of the hearing officer and shall be empowered to enter any order the hearing officer might have entered. The City Council may, by resolution, delegate its authority granted by this paragraph to the Board of Health or other appropriate City board or commission.
7. 
Termination of order. An owner may request termination of a final determination order that the owner's animal is a potentially dangerous domestic animal if no incident described in § 6-302 has occurred within two years preceding the date of the termination request. Such a request for termination shall be heard by a hearing officer designated by the animal control authority, if practicable, within ten days after the date of the filing of the request for termination. The hearing shall provide an opportunity for the owner to appear and offer evidence to support termination of the final determination order. The owner must provide evidence that the animal's behavior has changed due to environment, health, age, training, neutering or other relevant factor or factors. The owner shall pay a filing fee in the sum of $100 at the time of filing the termination request. A decision to continue, terminate or modify such final determination order shall be entered by the hearing officer within ten days, if practicable, after the date of the hearing. A decision by the hearing officer denying such request may be appealed to the City Council in the same manner as an appeal of a hearing officer's final determination order.
[Amended 11-3-2020 by Ord. No. 1262]
Upon a final judicial determination that an animal is a dangerous animal or the effective date of a final administrative decision that an animal is a potentially dangerous animal, the owner shall thereafter comply with each of the following requirements. If the owner fails to comply with any of the requirements listed herein within the time limits specified, the animal control authority may initiate administrative proceedings under § 6-307 to declare the owner a reckless owner.
1. 
Leash, Harness and Muzzle. No person owning, harboring, or having the care of any such animal shall permit it to go beyond the property of such person unless: the animal is under the control of a person nineteen years of age or older; the animal is restrained securely by a leash no longer than six feet in length attached to a harness that encircle the animal's body across the chest, over the shoulders, and under the belly behind the front legs; and the animal is properly muzzled to reasonably prevent the animal from biting.
2. 
Spaying or Neutering, Microchip Identification, and License. The animal shall be spayed or neutered and implanted with microchip identification by a licensed veterinarian at the owner's expense within 30 days after such determination is entered, and written proof of spaying or neutering and the microchip identification number shall be provided to the animal control authority within 72 hours after completion of the procedure. It shall be a violation of this provision to remove such microchip. In addition, such animal shall be required to be licensed with the animal control authority as a dangerous or potentially dangerous domestic animal within thirty days after the determination.
3. 
Proof of InsurancE. No such animal shall be licensed unless the owner first presents to the animal control authority written proof of liability insurance or a surety bond, written by an insurer authorized to issue such insurance in Nebraska, having limits of liability of not less than $100,000 for injury to any one person caused by such animal. Such insurance or bond shall be maintained in effect for the entire period such animal is deemed to be a dangerous domestic animal or potentially dangerous domestic animal. The animal control authority may require proof that such coverage remains in effect at any time, but not more frequently than every sixty days, or may require such insurance policy or bond provide that it may not be cancelled or allowed to expire without thirty days prior written notice to the animal control authority.
4. 
Classes. The owner of every animal judicially determined to be dangerous or administratively determined to be potentially dangerous shall be required to attend, within 90 days after such determination is entered and at the owner's expense, a responsible pet ownership class approved by the animal control authority and, at the discretion and direction of the animal control authority, an animal behavior class provided or approved by the animal control authority.
5. 
Warning Signs. The owner of such animal shall post clearly visible warning signs on the property where the animal is kept that informs persons that a dangerous domestic animal is on the property. Such signs shall be clearly visible from all areas of public access, must be no less than 10 inches by 12 inches in size; and must contain the words "Warning: Dangerous Animal" in the English language and in high contrast lettering, no less than three inches high, on a black background.
[Amended 11-3-2020 by Ord. No. 1262]
1. 
The animal control authority may impound any animal in violation of any provision of this Article. Notice of impoundment of all animals, including any significant marks or identifications, shall be posted at the office of the animal control authority within 24 hours after impoundment as public notification of such impoundment. Each impounded animal shall be kept and maintained for a period of not less than five days after public notice has been given unless the animal has been reclaimed earlier by its owner.
2. 
If the animal attacked or bit a human being without provocation, the animal control authority may hold such animal pending further disposition according to this Article. Otherwise, if keeping or harboring the impounded animal is lawful within the City, then such animal may be reclaimed by its owner during the period of impoundment by payment of the required fees as set by the animal control authority. The owner shall then be required to comply with applicable licensing and rabies vaccination requirements within 72 hours after release. If the animal is not claimed at the end of the required waiting period after public notice has been given, the animal control authority may dispose of the animal or place it with a suitable new owner in accordance with the authority's applicable rules and regulations.
3. 
If there is reasonable cause shown that a domestic animal would constitute a hazard to the safety of the public at large during the pendency of any action or proceeding commenced under this Chapter, or that the owner of such animal has subjected the animal to neglect or cruelty, the animal control authority may seek a court order that such animal remain impounded pending the outcome of such proceeding. 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.
4. 
If it is determined by a veterinarian acting for the animal control authority that any impounded animal is diseased or disabled, that it would be inhumane to allow such animal to continue to suffer the effects of such disease or disability, and that the owner of such animal either fails to or is prohibited from reclaiming the animal, and declines to advance the costs of reasonable veterinary efforts to cure or ameliorate the effects of such disease or disability and that the costs of such veterinary efforts are not otherwise economically practicable, then the animal shall immediately 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.
[Amended 11-3-2020 by Ord. No. 1262]
1. 
If an owner has been convicted of one or more violations of this Chapter on three separate occasions in any period of 24 consecutive months, the animal control authority may initiate administrative proceedings to declare such owner a reckless owner and to revoke all license(s) and permits issued to such owner that are associated with the owner's animal(s) that were the subject or subjects of any such convictions.
2. 
If an owner's dog has been determined to be a dangerous animal or potentially dangerous animal and such owner has not complied in a timely manner with the requirements of this Chapter pertaining to such animals, the animal control authority may initiate administrative proceedings to declare such owner a reckless owner and to revoke all pet license(s) issued to such owner that are associated with such animal.
3. 
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:
a. 
The name and address of the owner who is subject to such declaration and revocation;
b. 
The name(s), description(s) and license number(s) of any pet animal(s) licensed by the owner that are associated with such violations;
c. 
A description of the violations or requirements which form the basis of such declaration and revocation notice, including the case number, if any;
d. 
A summary of the effects of such declaration, including the revocation of said licenses and permits and surrender to the animal control authority of such pet animal(s);
e. 
The date the animal control authority proposes to enter a final declaration and revocation order, which effective date shall not be less than ten days after the date of service of the notice; and
f. 
A statement that the owner may file a written request for a hearing with the animal control authority within ten days after service of the notice.
4. 
If the owner does not file a written request for hearing with the animal control authority within ten days after service of the declaration and revocation notice, then such declaration and revocation notice automatically 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 § 6-306. 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.
5. 
If the owner files a written request for hearing with the animal control authority within ten days after service of the declaration and revocation notice, a hearing on such notice shall be held by a hearing officer designated by the animal control authority. Written notice of the time and place of hearing shall be served on the owner of the animal(s) by personal service, or by residential service not less than 48 hours prior to the schedules 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 such declaration and revocation notice shall be entered by the hearing officer. If the decision is to affirm the declaration and revocation notice, 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 ten days after the date of the final order.
6. 
Within ten days after receiving notice of a final declaration and revocation order, the owner may appeal such order to the City Council in such manner and in accordance with such procedures as it may establish. The owner shall not be required to surrender such animal(s) during the pendency of the appeal. The City Council may affirm or reverse the decision of the hearing officer and shall be empowered to enter any order the hearing officer might have entered. In the event that the order is affirmed, the owner shall surrender such animal(s) to the animal control authority within 48 hours of the decision affirming the order. The City Council may, by resolution, delegate its authority granted by this paragraph to the Board of Health or other appropriate City board or commission.
7. 
An owner who is declared a reckless owner shall be prohibited from licensing, residing with, or owning any additional animal(s) in the city for a period of 48 consecutive months from the date of entry of the declaration and revocation order.
[Amended 11-3-2020 by Ord. No. 1262]
1. 
The owner of any animal that has been determined to be dangerous as defined in § 6-302A shall register such dog with the animal control authority within 30 days of such determination or within 30 days of enactment of this section is previously determined to be dangerous. Such registration shall include the following information:
a. 
The name of the current owner of the animal;
b. 
The address where the animal is harbored;
c. 
A description of the animal, including name, breed, sex, and coloring;
d. 
The current license number for the animal;
e. 
The carrier and policy number for public liability insurance as required in § 6-305;
f. 
Microchip manufacturer and microchip identification number;
g. 
Written evidence from a licensed veterinarian that the animal is neutered or spayed.
2. 
It shall be unlawful for any person registering an animal to falsify or misrepresent material recorded as a part of the registration.
3. 
At least once per calendar year, the animal control authority shall publish in the local newspaper a list of animals on the above registry, providing the name of the owner, the address where the animal is harbored, and a description of the animal, including name and breed.
[Amended 11-3-2020 by Ord. No. 1262]
Any person or entity that violates the provisions of this Article shall be deemed guilty of a Class III misdemeanor as defined by Neb. Rev. Stat. § 28-106 and the court may order the animal control authority to dispose of or destroy the animal. In addition, the owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of the animal as well as the destruction of the animal if such is pursuant to law. As part of the sentence, the court may order the offender to reimburse such costs to the City or animal control authority upon such terms as determined by the court to be reasonable.