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Any animal held or impounded in the animal shelter because of a violation of any of the provisions of this chapter by its owner, except an animal impounded for observation as set forth in § 90.146 of this code, or following revocation of the permit under §§ 90.060 through 90.067 of this code, shall be released to the owner thereof by the animal control officer, or the entity with whom the city has contracted with for animal sheltering services, upon proof of ownership of the animal, payment of a shelter fee as set by resolution and, if the animal is unlicensed or has not been immunized for rabies, proof of a license and/or immunization must be obtained within five business days and verified by the animal control officer.
(Prior Code, § 90.129) (Ord. 97-16, passed 8-4-1997; Ord. 05-11, passed 3-7-2005)
(A) It shall be unlawful for the animal control officer, the officer’s assistants or the entity with whom the city has contracted with for animal sheltering services, to destroy, or cause or permit to be destroyed, any animal until the expiration of the impounding time limit of 72 hours, except that the officer may, when an animal so impounded has been examined by a duly licensed veterinarian and found by the veterinarian to be suffering from an injury or disease from which, in the veterinarian’s judgment, recovery is doubtful, destroy the animal in a humane manner, provided that the observation requirements of this chapter have been complied with.
(B) It shall further be unlawful for any person to destroy or kill, or cause or permit to be destroyed or killed, any animal which has bitten any human or animal until the animal can be examined by a duly licensed veterinarian for the purpose of determining whether or not the animal has an infectious disease and until observation requirements as set forth in § 90.146 of this code have been complied with.
(C) If any animal within the city has been bitten by a known rabid animal, then the animal that has been bitten shall be immediately destroyed in a humane manner by the owner thereof or the animal control officer, the officer’s assistants, or the entity with whom the city has contracted with for animal sheltering services, unless the owner causes the animal to be placed in strict isolation in a place prescribed by a licensed veterinarian and causes the animal to be treated as recommended by the licensed veterinarian, or unless the animal has been properly inoculated for rabies as provided in this chapter.
(Prior Code, § 90.130) (Ord. 97-16, passed 8-4-1997) Penalty, see § 90.999
The animal control officer shall keep an accurate account of all dogs and cats received by the officer at the shelter and released by the officer to the owner or purchaser showing the date and from whom received, the description of the animal and the name and address of the person or persons who claimed, redeemed or purchased the animal. The officer shall keep a like and accurate account and description of all animals destroyed by the officer.
(Prior Code, § 90.131) (Ord. 97-16, passed 8-4-1997)
The animal control officer shall not receive an animal into the shelter from any person or release any animal to any person unless the person shall give the person’s full name and place of residence which shall be registered in a proper book kept by the officer. It shall be unlawful for any person delivering to or receiving any animal from the shelter to give false information concerning the same. The disposition of animals received in this manner shall be at the discretion of the animal control officer.
(Prior Code, § 90.132) (Ord. 97-16, passed 8-4-1997) Penalty, see § 90.999
It shall be unlawful for any person to hinder, delay, interfere with or obstruct the animal control officer, or any of the officer’s assistants, while engaged in capturing, securing or taking to the animal shelter any animal to be impounded. It shall also be unlawful for any person to illegally enter in any manner or to directly or indirectly aid, counsel or advise the illegal entry into any animal shelter or any vehicle used for the collecting or conveying of animals to the shelter.
(Prior Code, § 90.133) (Ord. 97-16, passed 8-4-1997) Penalty, see § 90.999
Statutory reference:
Obstructing a police officer, see Neb. Rev. Stat. § 28-906
The enforcement of the provisions of this chapter shall be under the direction of the animal control officer, the officer’s assistants and the city’s animal control. For the purpose of enforcing this chapter or abating any nuisance existing hereunder, the animal control officer or any of the officer’s assistants may enter and go upon premises, public or private.
(Prior Code, § 90.134) (Ord. 97-16, passed 8-4-1997)
When an animal which is considered “livestock,” as set forth in § 90.001 of this code, or designated as such by the city’s animal control, is impounded as herein provided, the officer in charge of the animal shall, within 24 hours, notify the owner thereof, if the owner is known and resides within the city. If the owner is unknown or resides out of the city, the officer shall cause to be printed in the official newspaper of the city once within 48 hours after the impounding of the animal, a notice describing the animal impounded, stating the time and place at which the animal was taken up and giving warning that unless the animal is claimed and the expenses of taking up, keeping and advertising the same is paid within five days from date of publication of the notice, the animal will be sold at a designated time and place for the payment of the expenses. The notice shall bear the signature of the officer.
(Prior Code, § 90.135) (Ord. 97-16, passed 8-4-1997)
If the owner of any impounded animal which is considered livestock, after being notified as provided in § 90.155 of this code, shall fail to claim the animal and pay all expenses of impounding and advertising the same, together with any fine and costs that may have been levied against the owner for suffering the animal to run at large, the officer taking up the animal shall, at the time and place designated in the notice, offer for sale and sell the animal at public auction to the highest bidder. The time of holding the sale shall be at least five days subsequent to the date of publication of the notice and between the hours of 9:00 a.m. and 4:00 p.m., and the place of the sale shall be some public place in the city. The proceeds of the sale, after paying all expenses as aforesaid, may be claimed by the owner within 90 days and thereafter credited to the General Fund.
(Prior Code, § 90.136) (Ord. 97-16, passed 8-4-1997)
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