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GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any vertebrate member of the animal kingdom other than an uncaptured wild creature.
ANIMAL CONTROL OFFICER. Any person authorized by law or employed or appointed for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing, control, seizure or impoundment of animals.
OWNER. Any person who owns, possesses, keeps, harbors or has charge, custody or control of an animal or permits an animal to habitually remain or be lodged or fed within his or her house, store, building, enclosure, yard, lot, grounds or premises. OWNER does not include any veterinarian or kennel operator temporarily maintaining on his or her premises an animal owned by another person for not more than 30 days.
RUN AT LARGE. Not being under the actual control of the owner by means of:
(a) A leash, cord, chain or other suitable means of physical restraint which is securely fastened or tethered in a manner sufficient to keep the animal on the premises where tethered;
(b) A leash, cord, chain or other suitable means of physical restraint of six feet or less in length physically held by the owner;
(c) Being confined within a cage, receptacle, enclosed vehicle, fenced enclosure or shelter; or
(d) Being within the real property limits of the owner and in the owner’s presence and under direct and effective voice or other control.
(A) It shall be unlawful for the owner of any cow, hog, horse, mule, sheep, goat, dog, cat, chicken, turkey, goose or other animal to permit the animal to run at large at any time on any of the public ways and property or the property of another in the village or to be tethered or staked out in such a manner so as to allow the animal to reach or pass into any public way or property or any property of another.
(B) The owner of a cat may permit the cat to run at large within the corporate limits subject to any restrictions or prohibitions otherwise imposed by the Board of Trustees.
(C) Any animal found running at large or tethered or staked out in violation of this section is a public nuisance and may be impounded or destroyed as provided in this chapter.
(D) Nothing in this section shall be construed to permit anyone to own an animal in the corporate limits of the village that is prohibited by the Board of Trustees.
Penalty, see § 93.99
Statutory reference:
Authority to regulate, see Neb. RS 17-526 and 17-547
Fine for permitting collarless dog to run at large, see Neb. RS 54-607
No wild animals may be kept within the corporate limits, except wild animals kept for exhibition purposes by circuses and educational institutions.
Penalty, see § 93.99
It shall be unlawful for any person to kill, administer or cause to be administered poison of any sort to or in any manner injure, maim or destroy or attempt to injure, maim or destroy any animal or to place any poison or poisoned food where it is accessible to an animal, except that:
(A) This section shall not apply to any law enforcement officer or animal control officer acting within his or her power and duty;
(B) This section shall not apply if the animal is vicious, dangerous or showing characteristics of rabies and cannot be captured without danger to the persons attempting to effect a capture of the animal; and
(C) Any owner of a dog that he or she wishes to be destroyed may place the dog in an animal pound or shelter or with a licensed veterinarian to be humanely destroyed and disposed of according to the provisions in this chapter or other provisions of law.
Penalty, see § 93.99
All pens, cages, sheds, yards or any other area or enclosure for the confinement or animals not specifically barred within the corporate limits shall be kept in a clean and orderly manner so as not to become a menace or nuisance to the neighborhood in which the enclosure is located.
Penalty, see § 93.99
(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To leave any animal in one’s care, whether as owner or custodian, for any length of time without making effective provision for its food, water or other care as is reasonably necessary for the animal’s health.
ANIMAL. Any vertebrate member of the animal kingdom. ANIMAL does not include an uncaptured wild creature or a livestock animal as defined in this section.
BOVINE. A cow, an ox or a bison.
CRUELLY MISTREAT. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald or otherwise inflict harm upon any animal.
CRUELLY NEGLECT. To fail to provide any animal in one’s care, whether as owner or custodian, with food, water or other care as is reasonably necessary for the animal’s health.
HUMANE KILLING. The destruction of an animal by a method which causes the animal a minimum of pain and suffering.
LAW ENFORCEMENT OFFICER. Any member of the Nebraska State Patrol, any county or deputy sheriff, any member of the police force of the village or any other city or village or any other public official authorized by the village or any other city or village to enforce state or local animal control laws, rules, regulations or ordinances. LAW ENFORCEMENT OFFICER also includes a special investigator appointed as a deputy state sheriff as authorized pursuant to Neb. RS 81-201 while acting within the authority of the Director of Agriculture.
LIVESTOCK ANIMAL. Any bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds or poultry.
OWNER or CUSTODIAN. Any person owning, keeping, possessing, harboring or knowingly permitting an animal to remain on or about any premises owned or occupied by such person.
POLICE ANIMAL. A horse or dog owned or controlled by the state or any county, city or village for the purpose of assisting a law enforcement officer in the performance of his or her official enforcement duties.
(Neb. RS 28-1008)
(B) Enforcement powers; immunity.
(1) A law enforcement officer who has reason to believe that an animal 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 animal.
(2) A law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner or custodian as prescribed in Neb. RS 29-422 to 29-429.
(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.
(Neb. RS 28-1012)
(C) Violation.
(1) A person who intentionally, knowingly or recklessly abandons, cruelly neglects or cruelly mistreats an animal is guilty of an offense.
(2) A person commits harassment of a police animal if he or she knowingly and intentionally teases or harasses a police animal in order to distract, agitate or harm the police animal for the purpose of preventing such animal from performing its legitimate official duties.
(Neb. RS 28-1009)
Penalty, see § 93.99
Statutory reference:
Exemptions, see Neb. RS 28-1013
Serious illness or injury to animal; death of animal; felony, see Neb. RS 28-1008 and 28-1009
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