For the purpose of this subchapter, 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 city and includes any local law enforcement agency or other agency designated by the city to enforce the animal control laws of the city.
ANIMAL CONTROL OFFICER. Any individual employed, appointed, or authorized by an animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals and shall include 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. Any dog that, according to the records of an animal control authority of the city, which:
(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;
(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 such 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;
(5) The 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;
(6) 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 RS Neb. 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; and
(7) 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.
(1) A cat, a dog or livestock.
(2) 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.
(1) Any dog that when unprovoked;
(a) Inflicts an injury on a human being that does not require medical treatment;
(b) Injures a domestic animal; or
(c) Chases or approaches a person upon streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack.
(2) 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.
(1976 Code, § 6-126) (Ord. 992, passed 12-18-1989)
Statutory reference:
Related provisions, see Neb. RS 54-617