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§ 90.33  LIABILITY OF OWNER.
   It shall be unlawful for any person to allow any dog owned, kept or harbored by him or her or under his or her charge or control to injure or destroy any real or personal property of any description belonging to another person. The owner or possessor of any such dog, in addition to the usual judgment upon conviction, may be made to be liable to the persons so injured in an amount equal to the value of the damage so sustained.
(Prior Code, § 6-116)  Penalty, see § 90.99
Statutory reference:
   Related provisions, see Neb. RS 54-601, 54-602
§ 90.34  RABIES.
   (A)   Any dog suspected of being afflicted with rabies or any dog not vaccinated in accordance with the provisions of this subchapter which has bitten any person and caused an abrasion of the skin shall be seized and impounded under the supervision of the Board of Health for a period of not less than ten days. If, upon examination by a veterinarian, the dog has no clinical signs of rabies at the end of such impoundment, it may be released to the owner or, in the case of an unlicensed dog, it shall be disposed of in accordance with the provisions herein. If the owner of the said dog has proof of vaccination, it shall be confined by the owner or some other responsible person for a period of at least ten days, at which time the dog shall be examined by a licensed veterinarian. If no signs of rabies are observed, the dog may be released from confinement.
(Prior Code, § 6-118)
   (B)   If the ownership of any dog which has bitten a person can be established, the owner shall be liable for the cost of confining it for such length of time as is necessary to establish whether the dog is rabid. If the ownership of such dog cannot be determined, the cost of confining an dog who is only suspected of having rabies shall be paid by the municipality.
(Prior Code, § 6-119)
Penalty, see § 90.99
Statutory reference:
   Related provisions, see Neb. RS 71-4406
§ 90.35  DYEING PROHIBITED.
   It shall be unlawful for any person to, within the municipality, dye or artificially color any dog.
(Prior Code, § 6-120)  Penalty, see § 90.99
§ 90.36  TRANSIENT OWNER.
   The provisions of this subchapter shall not apply to any dog belonging to any person on a sojourn or for bench or show purposes in the municipal or for other purposes; provided, the dog remains near its owner or keeper, his or her motor vehicle, other dogs or affects and complies with the requirements of this subchapter.
(Prior Code, § 6-121)
§ 90.37  DEFECATION.
   It shall be unlawful for the owner or anyone having custody, control or supervision of any dog to allow such dog to defecate in or on any property owned by the municipality, except in designated areas.
(Prior Code, § 6-122)  Penalty, see § 90.99
§ 90.38  ABANDONMENT, NEGLECT AND CRUELTY.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABANDON. To leave an dog for any length of time without making effective provisions for its food, water or other care as is reasonably necessary for the dog’s health.
      CRUELLY MISTREAT. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald or otherwise set upon any dog.
      CRUELLY NEGLECT. To fail to provide any dog in one’s care, whether as owner or custodian, with food, water or other care as is reasonably necessary for the dog’s health.
      HUMANE KILLING. The destruction of an dog by a method which causes the dog a minimum of pain and suffering.
      LAW ENFORCEMENT OFFICER. Any member of the State Patrol, any county or deputy sheriff, any member of the police force of any municipality, or any other public official authorized by a municipality to enforce state or local dog control laws, rules, regulations or ordinances.
(Prior Code, § 6-123)
   (B)   Law enforcement officers; powers; immunity.
      (1)   Any law enforcement officer who has reason to believe that an dog 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 dog.
      (2)   Any law enforcement officer who has reason to believe that an dog has been abandoned or is being cruelly neglected or mistreated may issue a citation to the owner as prescribed by law.
      (3)   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.
(Prior Code, § 6-124)
   (C)   Penalty. A person commits cruelty to dogs if he or she abandons, cruelly mistreats or cruelly neglects an dog.
(Prior Code, § 6-125)
Penalty, see § 90.99
Statutory reference:
   Related provisions, see Neb. RS 28-1008, 28-1009, 28-1012
§ 90.39  IMPOUNDMENT; EUTHANIZING.
   It shall be the duty of the municipal law enforcement or other appointed animal control officer to capture, secure and remove in a humane manner to the designated animal shelter, any animal violating any provisions of this chapter. The animals so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded animal shall be kept and maintained at the designated animal shelter for a period of not less than three days, unless reclaimed earlier by the owner. Notice of impoundment of animals are known, shall be posted at the animal shelter, as public notification of such impoundment and shall be given to the owner. Any animal may be reclaimed by its owner during the period of impoundment by payment of the impoundment fee as set by resolution by the Board of Trustees and maintained on file in the office of the Municipal Clerk. The initial fee is $25. The owner shall then be required to comply with the licensing and rabies vaccination requirements within 72 hours after release. If the animal is not claimed within at the end of the time specified herein, the municipal law enforcement, or other appointed animal control officer, may dispose of the animal in accordance with the applicable rules and regulations pertaining to the same; provided that, if, in the judgment of the municipal law enforcement, or other appointed animal control officer, a suitable home can be found for any such animal within the municipality, said animal shall be turned over to that person and the new owner shall then be required to pay all fees and meet all licensing and vaccinating requirements. The municipality shall acquire legal title to any unlicensed animal impounded in the animal shelter after three days. All animals shall be disposed of or destroyed in a summary and humane manner. The owner of any animal shall be responsible for all costs and expenses and the municipality shall have the right to collect any unpaid fees in any manner provided by law.
(Prior Code, § 6-126)
Statutory reference:
   Related provisions, see Neb. RS 17-526
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