For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG.
(1) Any dog which meets one of the following criteria:
(a) Is owned or harbored primarily or in part for the purpose of dog fighting;
(b) Is trained for dog fighting;
(c) According to the records of the city has:
1. Killed or inflicted severe injury on a human being on public or private property;
2. Killed a domestic animal without provocation while the dog was off the owner’s property; or
3. Been previously determined to be a potentially dangerous dog by the city in accordance with procedures established elsewhere in this subchapter and the owner has received notice of the determination and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals; or
(d) The dog has been recognized by another municipality, whether in the State of Nebraska or any other state, and labeled as a dangerous dog or any other labeling in similarity to those defined in divisions (a), (b), or (c) above.
(2) Notwithstanding the foregoing, a dog shall not be defined as a DANGEROUS DOG if:
(a) The threat, any injury that is not a severe injury, or the damage was sustained by a person who:
1. At the time, was committing a willful trespass as defined in the statutes of the state or any other tort upon the property of the owner of the dog;
2. At the time was tormenting, abusing, or assaulting the dog;
3. Who has in the past been observed or reported to have tormented, abused, or assaulted the dog; or
4. At the time was committing or attempting to commit a crime.
(b) The dog is a trained dog assisting a police officer engaged in law enforcement duties.
(3) Any dog that has been recognized by another municipality, whether in the State of Nebraska or any other state, and labeled as a DANGEROUS DOG or any other labeling in similarity to those defined in this section will not be allowed any residency within the city jurisdictional boundaries; this includes any dog labeled or identified by the city that is moved out of the city and attempts to move back in through the same, or a change, of ownership.
OWNER. In addition to the definition given the word elsewhere in this chapter, shall include a person temporarily in possession of the dog at the request of the owner of the dog.
POTENTIALLY DANGEROUS DOG.
(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.
(3) Any dog labeled or identified by any other municipality as a POTENTIALLY DANGEROUS DOG will not be allowed any residency within the city jurisdictional boundaries; this includes any dog labeled or identified by the city that is moved out of the city and attempts to move back in through the same, or a change, of ownership.
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.
(1973 Code, § 6-112) (Ord. 708, passed 5-10-2001; 853, passed 7-12-2012; Ord. 882, passed 5-8-2014)