(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. An entity authorized to enforce the animal control laws of the municipality.
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 licensing of animals, control of animals, or seizure and impoundment of animals and shall include any state or local law enforcement or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
DANGEROUS DOG. Any dog that, according to the records of the animal control authority:
(a) Has killed or inflicted severe injury on a human being on public or private property;
(b) Has killed a domestic animal without provocation while the dog was off the owner’s property; or
(c) 1. Has been previously determined to be a potentially dangerous dog by an animal control authority and the owner has received notice of the determination and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.
2. A dog shall not be defined as a DANGEROUS DOG if the threat, any injury that is not a severe injury, or the damage was sustained by a person who, at the time, was committing a willful trespass as defined in Neb. RS 20-203, 28-520, or 28-521 or any other tort upon the property of the owner of the dog, who was tormenting, abusing, or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime.
DOMESTIC ANIMAL. A cat, a dog, or livestock.
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 a nonsevere injury on a human or injures a domestic animal either on public or private property; and/or
2. Chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack.
(b) 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.
SEVERE INJURY. Any physical injury that results in disfiguring lacerations requiring multiple sutures or cosmetic surgery or one or more broken bones or that creates a potential danger to the life or health of the victim.
(B) Restraint. No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash.
(C) Confinement.
(1) While unattended on the owner’s property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping.
(2) The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground. The pen or structure shall also protect the dog from the elements. The owner of a dangerous dog shall post a warning sign on the property where the dog is kept that is clearly visible and that informs persons that a dangerous dog is on the property.
(D) Failure to comply.
(1) Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this chapter. The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated this chapter.
(2) In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner.
(Prior Code, § 96.28) (Ord. 514, passed 12-19-1989) Penalty, see § 98.99
Statutory reference:
Related provisions, see Neb. RS 54-617, 54-618, 54-619, 54-620, and 54-621