§ 90.28  VICIOUS DOGS.
   (A)   The term VICIOUS DOG, as used herein, shall include the following:
      (1)   Any dog with a propensity, tendency or disposition to attack, to cause injury or damage or otherwise endanger the safety of human beings or domestic dogs;
      (2)   Any dog which attacks a human being one time or attacks a domestic dog on two or more occasions without provocation;
      (3)   Has been previously determined to be a potentially dangerous dog by the dog 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 dogs. Any 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.
   (B)   No person may own, harbor or care for a vicious dog, as defined, within with the municipal limits.
   (C)   The keeping, maintaining, owning or harboring of a vicious dog within the municipal limits is hereby declared a nuisance as being against the public safety.
   (D)   Whenever a nuisance exists as defined in the foregoing section, the municipality may proceed by a suit in a court of competent jurisdiction to enjoin and abate the same in a manner provided by law. In any criminal prosecution, the court, in addition to any penalty imposed, may enter an order of abatement as part of the judgment in said case.
(Prior Code, § 6-111)  (Ord. 2020-01, passed 5-13-2020)  Penalty, see § 90.99