A. Any owner or custodian in possession of any animal or bee hive regulated by this Chapter may be declared a Nuisance Owner upon written request by the Animal Control Authority, Animal Advisory Board or Law Enforcement of the City of Grand Island for any one of the following:
1. The owner is convicted of one or more violations of this Chapter on four (4) separate occasions in a twenty-four (24) month period; or
2. The owner has failed to comply with the requirements of §5-36.1 of City Code after the animal has been deemed Potentially Dangerous or Dangerous; or
3. The owner of a deemed Potentially Dangerous or Dangerous animal has violated §5-37 of City Code; or
4. The owner of an animal has been convicted of a violation of §5-22 of City Code;
5. The owner of an animal has been convicted of a violation of §5-23 of City Code; or
6. The owner of and animal has been convicted of a violation of any equivalent State Statute of this or any other State.
B. Upon written request by the Animal Control Authority, Animal Advisory Board or Law Enforcement officials to declare an owner a Nuisance Owner, the owner must surrender the animal or bee hive(s) to the Animal Control Authority within five (5) days of receiving notice of Nuisance Ownership. Service of Nuisance Ownership shall be by personal service or certified U.S. Mail to the last known address of the owner. The animal or bee hive(s) will be impounded by the Animal Control Authority until a final determination of Nuisance Ownership has been made.
C. In the event continuation of the nuisance ownership might cause irreparable harm to the animal or poses a serious threat to public health, safety or welfare, or the health, safety or welfare of residents of the property where the animal or bee hive(s) resides, the animal or bee hive(s) shall be impounded immediately by the Animal Control Authority and held until final determination of Nuisance Ownership is made.
D. The owner may accept the Notice of Nuisance Ownership as a final determination, or the owner may appeal the Notice of Nuisance Ownership pursuant to Article VIII of this Chapter.
E. Upon either acceptance of a Nuisance Ownership determination or after appeal and a determination by the Animal Advisory Board of Nuisance Ownership, the disposition of the animal or bee hive(s) will be at the discretion of the Animal Control Authority and what it determines appropriate.
F. The owner will be responsible for payment of all impoundment fees as established by the Animal Control Authority.
G. Nuisance owners shall be prohibited from owning or residing with any animal or keeping bees within the corporate limits of the City of Grand Island for a period of five (5) years from the date of determination. Owners found to be in violation of this subsection shall be subject to the Animal Control Authority immediately impounding and disposing of the animal or bee hive(s). Ultimate disposition of the animal or hive(s) will be at the discretion of the Animal Control Authority.
H. Any person violating any provision of this section shall be fined pursuant to §1-7 of this code. If a violation is of a continuing nature, i.e., each day after the deadline that the animal or bee hive(s) is in the possession of a prohibited owner, each day of the violation shall constitute a separate violation.
(Amended by Ordinance No. 9200, effective 12-17-2008) (Amended by Ordinance No. 9479, effective 04-15-2014) (Amended by Ordinance No. 9537, effective 05-19-2015)
HISTORY
Amended by Ord. 9965 on 2/27/2024