For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. An entity authorized to enforce the animal control laws of the city, and includes any local law enforcement agency or any other agency designated by the city to enforce the animal control laws of the city.
ANIMAL CONTROL OFFICER. Any individual employed, appointed, or authorized by an animal control authority for the purpose of aiding in the enforcement of §§ 91.25 through 91.28 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.
DANGEROUS DOG.
(1) Any dog that has inflicted injury upon a human being that required medical treatment by a physician or any other licensed health care professional.
(2) (a) A dog shall not be defined as a DANGEROUS DOG under division (1) of this definition 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.
(b) A dog shall not be defined as a DANGEROUS DOG under division (1) of this definition if the injury, damage, or threat was sustained by an individual who, at the time, was committing a willful trespass; 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.
DOMESTIC ANIMAL. 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.
MEDICAL TREATMENT. Treatment administered by a physician or any other licensed health care professional.
OWNER. Any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of a dog.
PROHIBITED BREEDS. The following breeds shall be prohibited and or banned from being within the city limits of Arapahoe at any time. These breeds are as follows: pit bulls and Staffordshire terriers, rottweilers, and any cross breed that contains one or more of those breeds. With reference to those who own these breeds and have been licensed within the City of Arapahoe prior to January 1, 2017, the animal will be grandfathered in as acceptable. If the animal control officer has reason believe that the dog is prohibited, the owner may request a DNA test. The cost of this test will be the responsibility of the owner if the test confirms the breed as one or more of the prohibited breeds. The City of Arapahoe will be responsible for the cost of this test if the breed of the dog is confirmed as a breed or combination of breeds that is not on this list.
(1997 Code, § 6-109) (Ord. 2008-03, passed 5-20-2008; Ord. 2008-08, passed 11-4-2008; Ord. 2016-08, passed 12-6-2016)
Statutory reference:
Authority or similar provisions, see Neb. RS 54-617