(A) It shall be unlawful for any person to own, keep or harbor a vicious dog unless said person is in compliance with subsection (C) below.
(B) A vicious dog is defined as any member of the following breeds of dogs or any dog having the following described characteristics or disposition:
(1) Any dog of the bull terrier breed;
(2) Any dog of the Staffordshire bull terrier breed;
(3) Any dog of the American pit bull terrier breed;
(4) Any dog of the American Staffordshire terrier breed;
(5) Any dog of mixed breed or of other breeds than those specific breeds listed herein which is commonly known as a pit bull, pit bull dog or pit bull terrier;
(6) Any dog which has the appearance and characteristics of being predominantly of the breed bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire bull terrier or any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers, or any combination of said breeds;
(7) Any dog of the Rottweiler breed;
(8) Any dog of the Chow breed;
(9) Any dog that is a wolf hybrid;
(10) Any dog that is a cross-breed of any of the above mentioned breeds;
(11) Any other dog which is of a dangerous or ferocious disposition which habitually snaps or manifests a disposition to bite persons or other animals; or
(12) Any trained attack dog.
(C) The owner of a dog identified as vicious in subsection (B) above may possess such dog by complying with the following.
(1) The owner shall license the dog as provided in this code and pay an annual licensing fee equal to twice the amount of the standard fee.
(2) No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a non-retractable leash no longer than six feet in length. No person shall permit a vicious dog to be in any city park, playground or on any designated public walking trail. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person over the age of 19 is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings and the like.
(3) All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(4) No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(5) All owners, keepers or harborers of vicious dogs within the city shall within ten days of the effective date of this section display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(6) All owners, keepers or harborers of vicious dogs within the city shall within ten days of the effective date of this section present to the City Clerk proof that he or she has procured liability insurance or a surety bond in the amount of not less than $1,000,000 covering any damage or injury that may be caused by such dog. The policy shall contain a provision requiring that the city be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminated or expired.
(7) All owners, keepers or harborers of vicious dogs within the city shall notify the City Clerk immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
(8) If any vicious dog is kept in any manner other than as required in this section or allowed to run at large, the person designated by the governing body shall have the authority to put the dog to death.
(D) The keeping or maintaining of such dogs as described in subsections (A) through (C) above shall be considered to be a specific nuisance, in addition to those identified in § 4-402, and may be abated in accordance with the provisions of § 4-404.
(E) In addition to the abatement procedure identified in subsection (D) above, the Mayor and City Council shall be authorized to maintain an action for abatement of such activity in the County District Court against the owner, occupant, lessee or mortgagee, or agent thereof, who is deemed to be in violation of subsections (A) through (C) above. Such action is authorized under the powers granted to second class cities pursuant to the provisions of Neb. RS 17-123.
(F) Furthermore, any owner, occupant, lessee, mortgagee or agent thereof who shall violate or refuse to comply with the provisions of subsections (A) through (C) above, or the enforcement thereof, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 for every offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(Ord. 894, passed 2-7-2017) Penalty, see § 6-501