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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
(A) No person shall intentionally trip or cause to fall or lasso or rope the legs of, any equine by any means for the purpose of entertainment, sport, practice or contest. The intentional tripping or causing to fall or lassoing or roping the legs of, any equine by any means for the purpose of entertainment, sport, practice or contest shall not be considered a commonly accepted practice occurring in conjunction with sanctioned rodeos, animal racing or pulling contests.
(Neb. RS 54-911)
(B) No person shall intentionally trip, cause to fall or drag any bovine by its tail by any means for the purpose of entertainment, sport, practice or contest. The intentional tripping, causing to fall or dragging of any bovine by its tail by any means for the purpose of entertainment, sport, practice or contest shall not be considered a commonly accepted practice occurring in conjunction with sanctioned rodeos, animal racing or pulling contests.
(Neb. RS 54-912)
Penalty, see § 93.99
Statutory reference:
Livestock Animal Welfare Act, see Neb. RS 54-907 through 54-912
(A) This section shall apply to the impoundment of animals to which § 93.29 of this chapter does not apply.
(B) Any animal found in violation of the provisions of this chapter shall be impounded. All impounded domestic animals shall be given proper care, treatment and maintenance.
(C) (1) Notice of impoundment of all animals, including any significant marks of identification, shall be posted at the pound and at the office of the Village Clerk/Treasurer within 24 hours after impoundment as public notification of impoundment.
(2) Notice of the impoundment of any licensed dog shall also be mailed to the owner listed on the license application by regular U.S. mail to the address listed on the application.
(D) Each impounded domestic animal shall be kept and maintained at the pound for a period of not less than five days after public notice has been given unless reclaimed earlier by the owner. The owner may reclaim the animal during the period of impoundment by payment of any general impoundment and daily board fees set by resolution of the Board of Trustees and on file in the office of the Village Clerk/Treasurer; except that, in addition, an unusual or other non-domesticated or wild animal shall only be released upon condition that the owner shall immediately remove the animal from the village or destroy it. A diseased animal may be released upon a determination that the health and safely of the public is no longer threatened. The owner of any released animal shall be required to comply with any licensing and rabies vaccination requirements applicable to such animal within 72 hours after release.
(E) (1) If the animal is unclaimed at the end of required waiting period after public notice has been given, the animal control officer may destroy and dispose of the animal in a humane manner in accordance with applicable rules and regulations; except that, if in the judgment of the officer a suitable home can be found for the animal, the animal shall be turned over to the person who can provide such home and the new owner shall be required to pay all fees and meet all applicable licensing and vaccinating requirements.
(2) The village shall acquire legal title to any unlicensed dog or any other animal impounded in the animal shelter for a period longer than the required waiting period after giving notice.
(3) The owner of the animal shall remain liable for payment of the fees established by the Board of Trustees.
Statutory reference:
Authority to establish pens and pounds, see Neb. RS 17-548 and 71-4408
Authority to impound and sell animals, see Neb. RS 17-526 and 17-547
If the Board of Trustees so provides, any official appointed or designated to destroy and dispose of animals under the provisions of this chapter shall be paid, in addition to his or her regular salary or other compensation, the sum set by the Board for each animal so destroyed and disposed of.
Statutory reference:
Authority to compensate keeper of pound, see Neb. RS 17-548
It shall be unlawful for any person to hinder, delay or interfere with any police officer or animal control officer who is performing any duty enjoined upon that person by the provisions of this chapter or to break open or in any manner directly or indirectly aid, counsel or advise the breaking open, of the animal shelter, any ambulance wagon or any other vehicle used for the collecting or conveying of animals to the shelter.
RABIES
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