Publisher's Note: This Section has been AMENDED by new legislation (Ord. 23-18, passed 11-20-2023). The text of the amendment will be incorporated below when the amending legislation is codified. (A) No person shall own, keep, harbor or allow to be in or upon any premises occupied by that person or under that person’s charge or control, any dangerous dog without said dog being confined and subject to all restrictions placed upon such dogs by the state as provided in Neb. Rev. Stat. §§ 54-617 through 54-624. Any city law enforcement officer or other authority designated by the Mayor and City Council is authorized to kill such dog if found acting in a threatening manner to the officer or the public.
(B) The owner of the dog declared to be a dangerous dog has the right to appeal such determination. The owner must file a written request with the City Clerk’s office within 48 hours (Saturdays, Sundays and legal holidays excluded) of receiving actual notification of the declaration of the dog as dangerous. At the time of the request, said owner shall pay an appeal fee as set by resolution. The appeal fee may be waived if the request is made and accompanied by a sworn itemized declaration of the appellant dog owner demonstrating indigence. The City Attorney will review such request within three days of the receipt of the request to determine indigence and report to the City Clerk prior to the scheduling of the hearing. INDIGENCE is defined as the inability to pay the appeal cost without prejudicing the appellant’s ability to provide economic necessities for the appellant or the appellant’s family. Failure to request such a hearing within 48 hours or to appear at the appeal hearing as scheduled will result in the determination remaining in full force and effect. The Erna Badstieber Paws and Claws Adoption Center shall be entitled to request the appeal hearing without the appeal fee.
(C) (1) The Appeal Board shall consist of a three-person committee chosen by the Chairperson of the Public Property, Safety and Works Committee and to consist of three City Council members. Once a hearing request for an appeal hearing is received, a hearing before this Committee will be scheduled by the City Clerk for a date and time no later than five days from the receipt of the written request from the dog owner (Saturdays, Sundays and legal holidays excluded) unless special accommodations are necessary.
(2) The hearing shall be limited to the victim, if available, along with the reporting form from the investigating law enforcement officer who has rendered a declaration of dangerous in accordance with this section and the defense offered by the owner. The decision of the Committee will be final. The owner may appeal the Committee’s finding to the county’s District Court.
(Prior Code, § 90.034) (Ord. 97-16, passed 8-4-1997; Ord. 13-12, passed 7-15-2013; Ord. 14-08, passed 8-4-2014) Penalty, see § 90.999