(A) General. It shall be the duty of the municipal police to capture, secure and remove in a humane manner to the municipal animal shelter any dog violating any of the provisions of this subchapter. The dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded dog 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. Notice of impoundment of all animals, including any significant marks or identifications, shall be posted at the office of the Municipal Clerk within 24 hours after impoundment as public notification of such impoundment. Any dog may be reclaimed by its owner during the period of impoundment by payment of a general impoundment fee and daily board fee as set by resolution of the governing body and on file in the office of the Municipal Clerk. The owner shall then be required to comply with the licensing and rabies vaccination requirements within 72 hours after release. If the dog is not claimed at the end of required waiting period after public notice has been given, the municipal police may dispose of the dog in accordance with the applicable rules and regulations pertaining to the same; provided that, if, in the judgment of the municipal police, a suitable home can be found for any such dog within the municipality, the said dog shall be turned over to that person and the new owner shall then be required to pay all fees and meet all licensing and vaccinating requirements provided in this subchapter. The municipality shall acquire legal title to any unlicensed dog impounded in the animal shelter for a period longer than the required waiting period after giving notice. All dogs shall be destroyed and buried in the summary and humane manner as prescribed by the Board of Health unless a suitable home can be found for such dog.
(1976 Code, § 6-108)
(B) Interference with pound authorities. It shall be unlawful for any person to hinder, delay, interfere with or obstruct the police or any assistants while performing said duty enjoined upon him, her or them by the provisions of this subchapter or while engaged in the capturing, securing or taking to the animal shelter, any animal subject to be impounded. In such a case, none of these officials shall be responsible for any accident or disease of any animal resulting from the enforcement of the provisions of this subchapter.
(1976 Code, § 6-109)
(C) Destruction; abandonment. Any person who owns, harbors or in any way sustains an animal that he or she wishes to be destroyed may place the same in the animal shelter to be destroyed and disposed of according to the provisions contained in this subchapter. Any animal which is abandoned shall be placed in the municipal animal shelter for a period of not less than five days after public notice has been given, unless reclaimed earlier by the owner. Notice of impoundment of all abandoned animals shall be given in a manner as prescribed in division (A) above and said abandoned animals shall be destroyed and buried as provided in said section.
(1976 Code, § 6-110)
(D) Unlawful tampering with pound.
(1) No person, except authorized personnel, shall open or attempt to open or in any manner tamper with any padlock or other device securing any enclosure owned or operated by the municipality; nor shall any unauthorized person be allowed to break open or in any manner directly or indirectly to aid, counsel or advise the breaking open of any animal shelter, or any other vehicle used for collecting, or conveying of animals to the shelter.
(2) It shall be unlawful for any unauthorized person to cut, saw, break, bend or in any manner damage or destroy any enclosure for animals owned or operated by the municipality.
(3) No person, except authorized personnel, shall remove or attempt to remove any animal kept or harbored in any enclosure for animals owned or operated by the municipality.
(1976 Code, § 6-114)
(E) Capture impossible. The municipal police shall have the authority to kill any animals showing vicious tendencies or characteristics of rabies which make capture impossible because of the danger involved.
(1976 Code, § 6-122)
(Ord. 641, passed 5-10-1980; Ord. 670, passed 9-17-1981; Ord. 1373, passed 1-24-2005; Ord. 1395, passed 2-4-2007) Penalty, see § 90.99
Statutory reference:
Related provisions, see Neb. RS 17-548, 54-605, 71-4408