§ 6-117 DANGEROUS DOGS; DEFINITIONS.
   For the purpose of §§ 6-117 through 6-120, 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 municipality and includes any local law enforcement agency or other agency designated by the Mayor to enforce the animal control laws of the municipality.
   ANIMAL CONTROL OFFICER. Any individual employed, appointed or authorized by an animal control authority for the purpose of aiding in the enforcement of any ordinance relating to the licensure of animals, control of animals or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
   DANGEROUS DOG.
      (1)   A dog that, according to the records of an animal control authority:
         (a)   Has killed a human being;
         (b)   Has inflicted injury on a human being that requires medical treatment;
         (c)   Has killed a domestic animal without provocation; or
         (d)   Has been previously determined to be a POTENTIALLY DANGEROUS DOG by an animal control authority, the owner has received notice from an animal control authority or an animal control officer of such determination, and the 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.
      (2)   (a)   A dog shall not be defined as a DANGEROUS DOG under subsection (1)(b) of this definition, and the owner shall not be guilty of any offense, 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.
         (b)   A dog shall not be defined as a DANGEROUS DOG under subsection (1)(d) of this definition, and the owner shall not be guilty of any offense, 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, 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.
         (c)   A dog shall not be defined as a DANGEROUS DOG under subsection (1) of this definition if the dog is a police animal as defined in Neb. RS 28-1008.
   DOMESTIC ANIMAL. A cat, a dog or livestock.
   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.
(Ord. 802, passed 6-7-2011)