Loading...
(A) Any owner of a dog over the age of six months within the village shall, within 30 days after acquisition of the dog, acquire a license for the dog annually by or before the May 1 of each year. Licenses shall be issued by the Village Clerk/Treasurer upon payment of a license tax in the amount established by the Board of Trustees, plus the $1.25 fee required under Neb. RS 54-603(3). It shall be unlawful for the owner of a dog to wrongfully and knowingly license an unspayed female dog as a male or spayed female dog if the Board has established different license taxes for such dogs.
(B) (1) The tax shall be delinquent from and after May 10.
(2) The owner of any dog brought into or harbored within the corporate limits subsequent to May 1 of any year shall be liable for payment of the dog tax and such tax shall be delinquent if not paid within ten days thereafter.
(3) The license shall not be transferable and no refund will be allowed in case of death, sale or other disposition of the licensed dog.
(C) The owner shall state, at the time the application is made and upon printed forms provided for such purpose, his or her name and address and the name, breed, color and sex of each dog owned by him or her. A certificate of rabies vaccination, effective for the ensuing year of the license, shall be presented when application for a license is made and no license or tag shall be issued until the certificate is shown.
(D) Every service animal shall be licensed as required by this section, but no license tax shall be charged. Upon the retirement or discontinuance of the animal as a service animal, the owner of the animal shall be liable for the payment of the required license tax.
(Neb. RS 54-603)
(E) (1) Upon the payment of the license tax, the Clerk/Treasurer shall issue to the owner of the dog a license certificate and a metallic tag, which shall be valid until April 30 following such licensing. The Clerk/Treasurer shall issue tags of a suitable design that are different in appearance each year.
(2) The metallic tag and the rabies tag shall be properly attached to the collar or harness of the dog. It shall be unlawful for the owner of any dog to permit or allow such dog to wear any licensing identification other than the metallic tag issued by the Clerk/Treasurer.
(3) If a license tag is lost, upon satisfactory evidence that the original tag was issued in accordance with the provisions of this section, the Clerk/Treasurer shall issue a duplicate or new tag for the balance of the year for which the license tax has been paid and shall charge and collect a fee established by the Board of Trustees for each duplicate or new tag so issued.
(F) All license taxes, fees and other collections shall be credited to the General Fund of the village, except as otherwise provided by Neb. RS 54-603.
Penalty, see § 93.99
Statutory reference:
Authority to impose license tax, require rabies certificate and destroy unlicensed dogs, see Neb. RS 17-526, 54-603 and 71-4412
(A) It shall be the duty of every owner of a dog to securely place upon the neck of the dog a good and sufficient collar with a metallic plate thereon. The plate shall be plainly inscribed with the name of the owner.
(Neb. RS 54-605)
(B) The owner of a dog may use a harness instead of a collar as long as the harness meets all other requirements of division (A) above.
Penalty, see § 93.99
It shall be unlawful for any person to remove or cause to be removed, the collar, harness, metallic license tag or rabies tag from any dog without the consent of the owner of the dog.
Penalty, see § 93.99
(A) It shall be unlawful for the owner to allow a dog to injure or destroy any real or personal property of any description belonging to another person.
(B) The owner of the dog, in addition to the usual judgment upon conviction, may be made to be liable to the person injured in an amount equal to the value of the damage sustained.
Penalty, see § 93.99
Statutory reference:
Authority to guard against injuries or annoyances, see Neb. RS 17-526
Statutory liability for damages, see Neb. RS 54-601, 54-602 and 54-606
(A) It shall be unlawful for the owner to allow a dog to annoy or disturb any neighborhood or person by loud, continued or frequent barking, howling or yelping or to habitually bark at or chase pedestrians, drivers or owners of horses or vehicles while they are on any public sidewalks, streets or alleys in the village.
(B) Upon the written complaint of two or more affected persons from different households, filed within any 30-day period with the Village Clerk/Treasurer or animal control officer, that any dog owned by the person named in the complaint is an annoyance or disturbance or otherwise violates the provisions of this section, the village police or animal control officer shall investigate the complaint and, if in his or her opinion the situation warrants, notify the owner to silence and restrain the dog.
(C) The provisions of this section shall not be construed to apply to any village animal shelter.
Penalty, see § 93.99
Statutory reference:
Authority to guard against annoyances, see Neb. RS 17-526
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. An entity authorized to enforce the animal control laws of the village and includes any local law enforcement agency or other agency designated by the village to enforce the animal control laws of the village.
ANIMAL CONTROL OFFICER. Any individual employed, appointed or authorized by an animal control authority for the purpose of aiding in the enforcement of this section or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals and includes any state or local law enforcement or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
DANGEROUS DOG.
(a) Any dog that, according to the records of the animal control authority:
1. Has killed a human being;
2. Has inflicted injury on a human being that requires medical treatment;
3. Has killed a domestic animal without provocation; or
4. Has been previously determined to be a potentially dangerous dog by an animal control authority, the owner has received notice of such determination from an animal control authority or an animal control officer and the dog inflicts an injury on a human being that does not require medical treatment, injures a domestic animal or threatens the safety of humans or domestic animals.
(b) A dog shall not be defined as a DANGEROUS DOG if the individual was tormenting, abusing or assaulting the dog at the time of the injury or has, in the past, been observed or reported to have tormented, abused or assaulted the dog.
(c) A dog shall not be defined as a DANGEROUS DOG if the injury, damage or threat was sustained by an individual who, at the time, was committing a willful trespass as defined in Neb. RS 20-203, 28-520 or 28-521, was committing any other tort upon the property of the owner of the dog, was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
(d) A dog shall not be defined as a DANGEROUS DOG if the dog is a police animal as defined in Neb. RS 28-1008.
DOMESTIC ANIMAL. A cat, a dog or livestock. Livestock includes buffalo, deer, antelope, fowl and any other animal in any zoo, wildlife park, refuge, wildlife area or nature center intended to be on exhibit.
MEDICAL TREATMENT. Treatment administered by a physician or other licensed health care professional that results in sutures or surgery or treatment for one or more broken bones.
OWNER. Any person, firm, corporation, organization, political subdivision or department possessing, harboring, keeping or having control or custody of a dog.
POTENTIALLY DANGEROUS DOG.
(a) Any dog that when unprovoked:
1. Inflicts an injury on a human being that does not require medical treatment;
2. Injures a domestic animal; or
3. Chases or approaches a person upon streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack.
(b) 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.
(Neb. RS 54-617)
(B) (1) A dangerous dog that has been declared as such shall be spayed or neutered and implanted with a microchip identification number by a licensed veterinarian within 30 days after such declaration. The cost of both procedures is the responsibility of the owner of the dangerous dog. Written proof of both procedures and the microchip identification number shall be provided to the animal control authority after the procedures are completed.
(2) No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash.
(3) Except as provided in division (B)(4) below or for a reasonable veterinary purpose, no owner of a dangerous dog shall transport such dog or permit such dog to be transported to another county, city or village in the state.
(4) An owner of a dangerous dog may transport such dog or permit such dog to be transported to another county, city or village in the state for the purpose of permanent relocation of the owner if the owner has obtained written permission prior to such relocation from the animal control authority of the county, city or village in which the owner resides and from the county, city or village in which the owner will reside. Each animal control authority may grant such permission based upon a reasonable evaluation of both the owner and the dog, including if the owner has complied with the laws of the state and of the county, city or village in which he or she resides with regard to dangerous dogs after the dog was declared dangerous. An animal control authority shall not grant permission under this section if the county, city or village has an ordinance or resolution prohibiting the relocation of dangerous dogs. After the permanent relocation, the animal control authority of the county, city or village in which the owner resides shall monitor the owner and such dog for a period of at least 30 days, but not to exceed 90 days to ensure the owner’s compliance with the laws of this state and of such county, city or village with regard to dangerous dogs. Nothing in this division (B)(4) shall permit the rescindment of the declaration of dangerous dog.
(Neb. RS 54-618)
(C) (1) No person, firm, partnership, limited liability company or corporation shall own, keep or harbor or allow to be in or on any premises occupied by him, her or it or under his, her or its charge or control any dangerous dog without such dog being confined so as to protect the public from injury.
(2) While unattended on the owner’s property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground at least one foot. The pen or structure shall also protect the dog from the elements. The pen or structure shall be at least ten feet from any property line of the owner. The owner of a dangerous dog shall post warning signs on the property where the dog is kept that are clearly visible from all areas of public access and that inform persons that a dangerous dog is on the property. Each warning sign shall be no less than ten inches by 12 inches and shall contain the words warning and dangerous animal in high-contrast lettering at least three inches high on a black background.
(Neb. RS 54-619)
(D) Failure to comply.
(1) Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this section. The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated this section.
(Neb. RS 54-620)
(2) In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner.
(Neb. RS 54-621)
(E) Violation; defense.
(1) Any owner whose dangerous dog inflicts on a human being a serious bodily injury as defined in Neb. RS 28-109 is guilty of a Class I misdemeanor for the first offense, whether or not the same dangerous dog is involved.
(2) It is a defense to a violation of division (E)(1) above that the dangerous dog was, at the time of the infliction of the serious bodily injury, in the custody of or under the direct control of a person other than the owner or the owner’s immediate family.
(Neb. RS 54-622.01)
(F) Effect of prior conviction. If a dangerous dog of an owner with a prior conviction under this section attacks or bites a human being or domestic animal, in addition to any other penalty, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time and thereafter destroyed in an expeditious and humane manner.
(Neb. RS 54-623)
Penalty, see § 93.99
Statutory reference:
Owner felony liability; serious bodily injury second offense, see Neb. RS 54-622.01
Prior conviction; ownership of dangerous dog prohibited for ten years after, see Neb. RS 54-623
It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting or by any gesture or word to encourage the same to fight.
(Prior Code, § 2-308) Penalty, see § 93.99
In addition to any other penalty provided by this chapter, any person or owner of a dog and/or cat who shall violate any provisions of this article shall be fined not less than $10, nor more than $500. Each day’s violation of this chapter shall constitute a separate offense and may be prosecuted as such.
(Prior Code, § 2-322)