Loading...
(A) A person commits the offense of violation on a service dog when the person intentionally injures, harasses or threatens to injure or harass or attempts to intentionally injure, harass or threaten a dog that the person knows or has reason to believe is a guide dog for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person or a service dog for a physically limited person.
(B) A person commits the offense of interference with a service dog when the person intentionally impedes, interferes or threatens to impede or interfere, or attempts to intentionally impede, interfere or threaten to impede or interfere with a dog that the person knows or has reason to believe is a guide dog for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person or a service dog for a physically limited person.
(C) Evidence that the defendant initiated or continued conduct toward a dog as described in divisions (A) or (B) above after being requested to avoid or discontinue the conduct by the blind, visually impaired, deaf, hearing-impaired or physically limited person being served or assisted by the dog shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally.
(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLIND PERSON. A person with totally impaired vision, with or without correction, which is so severely impaired that the primary means of the receiving information is through other sensory input, including, but not limited to braille, mechanical reproduction, synthesized speech or readers.
DEAF PERSON. A person with totally impaired hearing, or with hearing, with or without amplification, which is so severely impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling or reading.
HEARING-IMPAIRED PERSON. A person who is unable to hear air conduction thresholds at an average of 40 decibels or greater in the person’s better ear.
PHYSICALLY LIMITED PERSON. A person having limited ambulatory abilities, including, but not limited to having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger.
SERVICE ANIMAL. Any dog (or animal) that is individually trained to do work or perform for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Emotional support animals, comfort animals, therapy dogs and other species of animals (whether wild or domestic; trained or untrained) do not meet the definition of SERVICE ANIMAL and therefore must follow City Code as it pertains to such type species of animal.
VISUALLY IMPAIRED PERSON. A person having a visual acuity of 20/20 or less in the person’s better eye with correction or having a limitation to the person’s field of vision so that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees.
(E) Every guide dog, hearing aid dog and service dog shall be licensed as required by local ordinances or resolutions, but no license fee shall be charged upon a showing by the owner that the dog is a graduate of a recognized training school for guide dogs, hearing aid dogs or service dogs. Upon the retirement or discontinuance of the dog as a guide dog, hearing aid dog or service dog, the owner of the dog shall be liable for the payment of a license fee as prescribed by local ordinances or resolutions.
(Prior Code, § 90.045) (Ord. 98-24, passed 7-6-1998) Penalty, see § 90.999
Statutory reference:
Exemption from license tax, see Neb. Rev. Stat. § 54-603
(A) It shall be unlawful for any person to own, keep, harbor or maintain any rooster within the corporate limits of the city. The unlawful owning, keeping, maintaining or harboring of roosters is declared to be a public nuisance. This section specifically bans the owning, keeping, maintaining and/or harboring of roosters only and not other fowl as elsewhere defined in this chapter.
(B) The prohibition of owning, keeping, maintaining or harboring of roosters shall not apply to those roosters owned, kept, harbored or maintained by the following:
(1) Governmental entities, persons participating in a heath surveillance conducted by a governmental entity, animal shelters and humane societies, licensed veterinary clinics, non-profit educational facilities and commercial establishments who offer live fowl or chickens for retail sale; and
(2) Registered participants in local youth 4-H and Future Farmers of America (FFA) programs from April through August of each calendar year. Evidence of registration with said organizations shall be provided to animal control no later than April 30 of each calendar year. Said organizations will compile a list to be given comprising of: The child’s name owning the rooster; the address and contact information of the owner; and the address where the rooster will be housed.
(C) Entities and individuals falling into the exceptions listed in division (B) above shall still comply with all other city regulations concerning fowl when dealing with roosters.
(Prior Code, § 90.046) (Ord. 18-53, passed 11-19-2018)
WILD OR EXOTIC ANIMALS
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
(A) It shall be unlawful for any person within the corporate limits of the city to own, to allow to be in or upon any premises occupied by that person or under that person’s charge or control or otherwise keep, hold, maintain or bring into the city any wild or exotic animal without first obtaining a permit issued by the Exotic Animal Permit Review Committee. No household shall be allowed to have more than two wild or exotic animals at any one time even with a permit. This section shall not apply:
(1) To any city, state or federal zoo, park, refuge or wildlife area which is open to the public;
(2) To any bona fide circus or traveling animal exhibit;
(3) To any animal hospitals operated by duly licensed veterinarians; or
(4) To any licensed educational institutions or licensed animal research facilities.
(B) The Exotic Animal Permit Review Committee is hereby created and shall consist of the City Administrator and the Chief of Police or designee.
(Prior Code, § 90.060) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 07-22, passed 11-19-2007; Ord. 13-02, passed 3-4-2013) Penalty, see § 90.999
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
The procedures for obtaining a wild or exotic animal permit are listed as follows.
(A) The person desiring a permit must file an application with an animal control officer and pay an application and administrative fee as set by resolution.
(B) An administrative hearing before the Exotic Animal Permit Review Committee is scheduled by the City Clerk’s office.
(C) (1) Notice of administrative hearing on the application is published at least one week prior to the meeting of the Exotic Animal Permit Review Committee during which the application will be heard. The publication costs will be paid by the applicant prior to receiving a permit.
(2) At least ten days prior to the date of the hearing, notice of the application and the time and date of the administrative hearing shall be given by the applicant to occupants of residences and managers of multi-family dwellings within 300 feet of the location for which the permit is requested. Prior to the administrative hearing, each applicant shall file in the City Clerk’s office a written statement declaring that proper notices have been given as required in this section.
(D) If it appears to a majority of the Exotic Animal Permit Review Committee following an administrative hearing that the following conditions are met, then in such event the Exotic Animal Permit Review Committee shall grant a permit to the applicant:
(1) Granting of the permit would not create a nuisance or cause for public safety or concern;
(2) The applicant is a fit and proper person or entity to maintain, keep and hold the wild or exotic animal(s) which the applicant seeks to own or possess; and
(3) The premises of the applicant are such as to safely maintain the wild or exotic animal(s).
(E) Any applicant, or any person opposed to the granting of a permit, may appeal the decision of the Exotic Animal Permit Review Committee to the City Council. The City Council shall conduct a hearing on the permit and after such hearing shall either confirm or reverse the decision of the Exotic Animal Permit Review Committee. The hearing before the City Council shall not require further publication or notice other than as a regular Council agenda item.
(Prior Code, § 90.061) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 05-10, passed 3-7-2005; Ord. 07-22, passed 11-19-2007)
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
During the public hearing, the following must occur.
(A) The applicant must, at minimum, explain the purpose for seeking the application, declare the number of animals to be kept under the permit and demonstrate how the wild or exotic animal(s) will be maintained, kept, held and controlled.
(B) Members of the public shall be allowed to object and show cause why the application should not be granted.
(Prior Code, § 90.062) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004)
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
(A) Permits may be granted for any duration not exceeding one year. To obtain a renewal permit, a person must file an application for the renewal with an animal control officer. The lead animal control officer shall determine, without an administrative hearing, whether or not a renewal permit should be granted.
(B) In the event a renewal application is denied, the applicant may appeal that decision to the Exotic Animal Permit Review Committee which will utilize the hearing procedures set forth in § 90.061 of this code.
(Prior Code, § 90.063) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 07-22, passed 11-19-2007)
Loading...