For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To leave any animal for any length of time without making effective provisions for its food, water, or other care as is reasonably necessary for the animal’s health.
ANIMAL. Any live vertebrate creature, domestic or wild, including dogs.
ANIMAL CONTROL AUTHORITY. An entity authorized to enforce the animal control laws of the village and includes any local law enforcement agency or other agency designated by the village to enforce the animal control laws of the village.
ANIMAL CONTROL OFFICER. Any individual employed, appointed, or authorized by an Animal Control Authority for the purpose of aiding in the enforcement of this chapter or any other law or 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.
ANIMAL SHELTER. Any premises designated by action of the village for the purposes of impounding and caring for all animals found running at large in violation of this chapter.
ANIMAL WARDEN. A person employed by the village as an animal enforcement officer.
AT LARGE. Any animal shall be deemed to be at large when it is off the property of its owner and not under control of a competent person.
BEAR BAITING. The pitting of any animal against a bear.
COCKFIGHTING. The pitting of a fowl against another fowl.
CRUELLY MISTREAT. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise set upon any animal.
CRUELLY NEGLECT. To fail to provide any animal in one’s care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal’s health.
DANGEROUS DOG.
(1) A dog that, according to the records of an Animal Control Authority has:
(a) Killed a human being;
(b) Inflicted injury on a human being that requires medical treatment;
(c) Killed a domestic animal without provocation; or
(d) Been previously determined to be a potentially dangerous dog by an Animal Control Authority, the owner has received notice 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 dog shall not be defined as a dangerous dog under division (1)(b) of this definition 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.
(3) A dog shall not be defined as a dangerous dog under division (1)(d) of this definition 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.
DOG FIGHTING. The pitting of a dog against another dog.
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.
DOMESTIC FARM ANIMAL. Any horse, mule, sheep, cow, goat, swine, or offspring thereof.
EXOTIC ANIMAL. Any llama, zebra, buffalo, or animal other than a domestic animal or domestic farm animal or offspring thereof.
EXPOSED TO RABIES. An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by, or been exposed to, any animal known to have been infected with rabies.
FOWL. Chickens, turkeys, guinea hens, ducks, swans, ostriches, emus, geese, or any similar bird.
HUMANE KILLING. The destruction of an animal by a method, which causes the animal a minimum of pain and suffering.
KENNEL OPERATOR. Any person engaged in the commercial business of breeding, buying, selling, or boarding cats or dogs.
LAW ENFORCEMENT OFFICER. Any member of the Animal Control Authority, any law enforcement officer member of the Sheriff’s Department, or any other public official authorized to enforce animal control laws, rules, regulations, or ordinances.
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 ANIMAL. Any animal with a propensity, tendency, or disposition to attack, to cause injury or damage to otherwise endanger the safety of human beings or domestic animals.
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; or
(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.
PUBLIC NUISANCE. Any animal or animals which:
(1) Molests or attacks passersby or passing vehicles;
(2) Attacks other animals;
(3) Trespasses on school grounds;
(4) Is repeatedly at large;
(5) Damages private or public property; and/or
(6) Barks, whines, or howls in an excessive, continuous, or frequent manner, disturbing the comfort or repose of the residents of any residential neighborhood.
RESTRAINT. Any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person’s commands, or within the real property limits of its owner.
SEVERE INJURY. Any physical injury that results in disfiguring lacerations requiring multiple sutures or cosmetic surgery, or one or more broken bones.
SPAYED FEMALE. Any female which has been operated on to prevent conception.
WILD ANIMALS. Any live monkey (non-human, primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal which can normally be found in the wild state.
(1991 Code, § 6-101) (Ord. 589, passed 4-20-2000; Ord. 2021-20, passed 3-25-2021)