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§ 90.035 UNLAWFUL TO KEEP NOISY, OFFENSIVE ANIMALS.
   It shall be unlawful for any person to own, keep, or harbor any animal, fowl, or any other creature, which by loud, continued, or frequent barking, howling, yelping, crowing, or utterance of any other sound, shall annoy or disturb any neighborhood or person, or which habitually barks, howls, yelps, crows or utters any annoying sound, or chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the city. The provisions of this section shall not be construed to apply to the city animal shelter.
(Neb. RS 17-526) (Prior Code, § 6-112) Penalty, see § 90.999
§ 90.036 UNLAWFUL TO ENCOURAGE OR PARTICIPATE IN DOG FIGHTING.
   It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting, or by any gesture or word, to encourage the same to fight.
(Neb. RS 17-526) (Prior Code, § 6-113) Penalty, see § 90.999
§ 90.037 LIABILITY OF OWNER FOR DAMAGE CAUSED BY ANIMAL.
   It shall be unlawful for any person to allow an animal owned, kept, or harbored by him or her, or under his or her charge or control, to injure or destroy any real or personal property of any description belonging to another person. The owner or possessor of any animal, in addition to the usual judgment upon conviction, may be made to be liable to the persons so injured in an amount equal to the value of the damage so sustained.
(Neb. RS 54-601, 54-602) (Prior Code, § 6-114) Penalty, see § 90.999
§ 90.038 IMPOUNDMENT; ANIMAL SHELTER.
   (A)   It shall be the duty of the city police to capture, secure, and remove in a humane manner to the designated city animal shelter any animal violating any of the provisions of this chapter. The animals so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Notice of impoundment of all animals, including any significant marks of identification, shall be posted at the animal shelter as public notification of impoundment. If the animal is not claimed the animal becomes the property of the city. All animals which have not been claimed, redeemed, or released shall be destroyed and disposed of in accordance with applicable rules and regulations pertaining to the same,
(Neb. RS 17-548, 71-4408)
   (B)   The animal shelter shall be safe, suitable, and conveniently located for impounding, keeping and destruction of animals. The shelter shall be sanitary, ventilated and lighted. The shelter must be licensed by the state under the Nebraska Commercial Dog and Cat Operator Inspection Act.
(Neb RS 17-548, 54-625 to 54-636)
§ 90.039 LEGAL DESTRUCTION OF ANIMAL.
   Any person who owns, harbors, or in any way sustains and animal that he or she wishes to be destroyed may place the same with a licensed veterinarian to be destroyed and disposed of in accordance with applicable rules and regulations pertaining to the same. The destruction and disposal shall be at the owner's expense.
§ 90.040 DISPOSITION OF IMPOUNDED ANIMALS.
   (A)   Holding period. Impounded animals which are not claimed by their owner shall be kept for a minimum of 72 hours, except when an animal arrives at the shelter in so sick or injured condition that, in the judgment of the police officer or a licensed veterinarian, human compassion requires that the suffering be promptly ended. In that instance the time period shall not apply and the animal will be humanely killed to prevent needless suffering.
   (B)   Disposition of animal after expiration of holding period. Whenever any animal shall remain in the animal shelter or other place of impoundment for a period longer than 72 hours from the impounding of the animal (except those animals impounded for disease control observation, in which case the period shall begin upon the expiration of the applicable observation period), the animal shall be disposed of in a humane manner by a veterinarian, except as set forth in division (D) of this section.
   (C)   Unlawful disposal. No police officer shall dispose of any captured or impounded animal except through the procedures provided for by this chapter. No police officer shall hold a commercial animal establishment permit.
   (D)   Adoption. The city may, in lieu of having an unclaimed animal killed as provided in this section, the animal may be held for a period of up to 72 additional hours for the purposes of adoption, at the discretion of the animal shelter staff and Chief of Police give the animal into the custody of any adult requesting adoption of a specific animal as a pet after viewing it, providing that the person agrees that he or she will humanely care for the animal and will not permit its use for breeding, guard, laboratory, experimental or illegal purposes. If the animal is not adopted or is deemed to be unadoptable the animal shall be disposed of in a humane manner by a veterinarian.
   (E)   Impoundment fee and boarding fee. An impoundment fee shall be charged when any animal is picked up by an officer of the city, or an agent thereof, and transported to the animal shelter. The fee for the care of any dog or cat during the period of impoundment shall be at a rate for each day that the dog or cat is impounded; the fee for the care during the period of impoundment shall be at a rate for each day.
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