(A) Definitions. Unless the context clearly requires otherwise, the definitions in this division apply throughout this section.
DANGEROUS DOG or OTHER DANGEROUS ANIMAL. Any dog or animal that, according to the records of the appropriate authority, has:
(a) Inflicted severe injury on a human being without provocation on public or private property;
(b) Killed a domestic animal without provocation while off of the owner's property; or
(c) Been previously found to be potentially dangerous, the owner having received notice of the finding, and the dog or other animal again aggressively bites, attacks or endangers the safety of humans or domestic animals.
OWNER. Any person possessing, harboring, keeping, having an interest in or having control or custody of an animal.
POTENTIALLY DANGEROUS DOG. Any dog that, when unprovoked inflicts bites on a human or a domestic animal either on public or private property, or chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of humans or domestic animals.
PROPER ENCLOSURE OF A POTENTIALLY DANGEROUS DOG. That, while on owner's property, a potentially dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. The pen or structure shall have secure sides and a secure top, shall be securely embedded into the ground and shall also provide protection from the elements for the dog.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(B) Determination that dog is potentially dangerous dog. If it is determined by a police officer, after investigation, that a dog is a potentially dangerous dog, the police officer shall notify in writing the owner of the dog that it has been declared a potentially dangerous dog. If the owner of the dog disagrees with the police officer's determination, the owner shall have the right to appeal the matter to the City Council. The appeal must be filed with the City Clerk within ten days of receiving the written notification, and the Council shall hold its hearing within 30 days of the filing. The hearing shall be conducted by the Mayor, or his or her designated agent, The hearing shall be informal in nature, and the rules of evidence shall not apply, however the City Council shall consider only credible and relevant evidence. The owner and police officer shall have the opportunity to present evidence and be heard on this matter. The determination that a dog is a potentially dangerous dog shall be made by the concurrence of a majority of all members elected to the Council. During the procedure described in this division, a dog declared as potentially dangerous may be impounded pursuant to § 90.038 at the owner's expense or, if the officer is assured by the owner's signed agreement of proper confinement and safeguards, and that the dog has a current rabies vaccination, the dog may be released to its owner pending a final determination.
(C) Potentially dangerous dog ownership limit. No person shall own, keep or harbor more than one potentially dangerous dog per residence.
(D) Registration of potentially dangerous dog.
(1) The owner of a dog which has been declared as a potentially dangerous dog shall immediately apply for a certificate of registration from the Police Department. The owner of the potentially dangerous dog must be 21 years of age and show proof of rabies vaccination at time of registration. The owner of any potentially dangerous dog shall register the animal with the Police Department immediately. The registration shall include the fee as set under division (H) and shall be accompanied by the following information:
(a) The name of the current owner of the dog;
(b) The address where the animal is harbored;
(c) A description of the animal, including name, breed, sex and coloring as well as a colored photograph;
(d) The current rabies tag number for the dog;
(e) Microchip manufacturer and microchip number;
(f) Provide proof of general liability insurance covering injury or damage caused by the dog;
(g) Sufficient evidence of proper enclosure to confine a potentially dangerous dog; and
(h) Posting of the premises with a sign conspicuously displaying a warning and language informing children of the presence of a dangerous dog.
(2) A decision by the Chief of Police not to issue the certificate of registration may be reviewed as provided for in division (B) of this section.
(E) Potentially dangerous dogs; spaying and neutering required. Any animal determined to be potentially dangerous shall be spayed or neutered by a licensed veterinarian at the owner's expense no less than 30 days after the determination is entered by the by the Chief of Police with written proof of spaying or neutering being provided to the Police Department within 72 hours of the procedure being completed.
(F) Microchip identification. Any dog deemed potentially dangerous shall be implanted with microchip identification by a licensed veterinarian at the owner's expense no less than 30 days after the determination is entered by the Chief of Police with the microchip identification number provided to the Police Department within 72 hours of procedure being completed.
(G) Sale and/or ownership transfer of potentially dangerous dog; change of owner residence. Any owner or custodian of a potentially dangerous dog shall have a continuing obligation to provide updated registration information to the Police Department within 30 days of the owner changing residence or the sale or transfer of the dog. The information provided to the Police Department must include the name of the new owner of the dog if sold or transferred and the address where the dog will be harbored.
(H) Annual registration and fees. The owner of any potentially dangerous dog shall annually register the dog with the Police Department and pay an annual registration fee as set by City Council.
(I) Annual publication of potentially dangerous dogs. At least once per calendar year, the Police Department shall publish in the local newspaper a list of dogs deemed potentially dangerous, providing the name of the owner, the address where the dog is harbored and a description of the dog including the name and breed and a colored photograph.
(J) Restraint of potentially dangerous dogs. It is unlawful for an owner of a potentially dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(K) Dangerous animals prohibited. The owning, allowing, keeping or harboring of a dangerous dog or other dangerous animal within the corporate limits of the city is hereby prohibited and unlawful.
(L) Liability insurance required. The owner of the dog shall be required to maintain general liability insurance covering property damage and bodily injury caused by the dog, with a combined single limit of $300,000 per occurrence, and shall be required to show proof of the insurance at the time of the annual registration.
(M) Certain animals prohibited in residential areas.
(1) Within any residential area (for purposes of this division defined as any area not zoned for commercial agricultural or industrial purposes), the keeping, harboring or selling of any poisonous or venomous animal or any warm-blooded carnivorous or omnivorous animal, including but not limited to nonhuman primates, raccoons, skunks, foxes, leopards, panthers, tigers and lions, but excluding fowl, dogs, house cats, ferrets, and small rodents of varieties commonly kept as household pets such as rats, mice, gerbils, guinea pigs, and hamsters, is hereby prohibited.
(2) Non-poisonous snakes shall be kept in locked escape-proof cages except when being handled. No snake shall be permitted by the owner, keeper, or handler to escape from a cage or while being handled.
(N) Exceptions. Dogs shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or 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.
(O) Impoundment of dangerous animals or potentially dangerous dogs. Any potentially dangerous dog which is the following, or any dangerous dog or any dangerous animal shall be immediately confiscated by a police officer and placed in quarantine, at the owner's cost, until ordered by the court to either return the dog to the owner or humanely kill it. The option of releasing the animal to the owner in lieu of impoundment, as provided in § 90.038, shall not be available when the dog or animal is being confiscated and impounded pursuant to this section.
(1) Not validly registered under this section;
(2) Not maintained in the proper enclosure;
(3) Outside of the dwelling of the owner or outside of the proper enclosure and not under physical restraint of the responsible person; or
(4) Not covered by liability insurance coverage or a surety bond as required by this section.
(P) Violations; penalty; destruction of dangerous animals or potentially dangerous dogs.
(1) It shall be unlawful to violate any provision of this section, and the violation shall be punished as provided for in § 90.999(B).
(2) If the court finds that a dog is a potentially dangerous dog as defined in this section, the court may, in addition to the usual judgment of conviction, order that the dog be humanely killed.
(3) Upon a finding by the court that a dog is a dangerous dog, as defined in this section, or other dangerous animal, the court shall, in addition to the usual judgment of conviction, order that the dog or other animal be humanely killed.
Penalty, see § 90.999
Statutory reference:
Dangerous dogs, see Neb. R.S. 54-617—54-624