No person shall own, keep or harbor or have under his or her control, any dangerous or vicious animal. For the purposes of this section:
(A) A
DANGEROUS DOG means a dog that, according to the records of an Animal Control Authority has:
(1) Killed a human being;
(2) Inflicted injury on a human being that requires medical treatment;
(3) Killed a domestic animal without provocation; or
(4) 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.
(B) (1) A dog shall not be defined as a dangerous dog under subdivision (A)(2) of this section 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.
(2) A dog shall not be defined as a dangerous dog under subdivision (A) (4) of this section 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) For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
OWNER. Any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of a dog.
POTENTIALLY DANGEROUS DOG.
(a) Any dog that when unprovoked:
1. Inflicts an injury on a human being that does not require medical treatment;
2. Injures a domestic animal; or
3. Chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
4. 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. 2297, passed 1-20-2009)