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 municipality.
ANIMAL CONTROL OFFICER. Any individual employed, appointed, or authorized by an Animal Control Authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals and shall include any state or local law enforcement or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
DANGEROUS DOG. Any dog that, according to the records of the Animal Control Authority:
(1) Has killed or inflicted severe injury on a human being on public or private property;
(2) Has killed a domestic animal without provocation while the dog was off the owner’s property; or
(3) Has been previously determined to be a potentially dangerous dog by an Animal Control Authority and the owner has received notice of such determination and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. A dog shall not be defined as a DANGEROUS DOG if the threat, any injury that is not a severe injury, or the damage was sustained by a person who, at the time, was committing a willful trespass as defined in Neb. RS 20-203, 28-520, or 28-521 or any other tort upon the property of the owner of the dog, who was tormenting, abusing, or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime.
DOMESTIC ANIMAL. A cat, a dog, or livestock.
OWNER. Any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of a dog.
POTENTIALLY DANGEROUS DOG. Includes:
(1) Any dog that when unprovoked:
(a) Inflicts a nonsevere injury on a human or injures a domestic animal either on public or private property; or
(b) Chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack.
(2) 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.
SEVERE INJURY. Any physical injury that results in disfiguring lacerations requiring multiple sutures or cosmetic surgery or one or more broken bones or that creates a potential danger to the life or health of the victim.
(Prior Code, § 6-116) (Ord. 552, passed 1-15-1990)
Statutory reference:
Related provisions, see Neb. RS 54-617