(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To leave any animal in one’s care, whether as owner or custodian, for any length of time without making effective provision for its food, water or other care as is reasonably necessary for the animal’s health.
ANIMAL. Any vertebrate member of the animal kingdom. ANIMAL does not include an uncaptured wild creature or a livestock animal as defined in this section.
BOVINE. A cow, an ox or a bison.
CRUELLY MISTREAT. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald or otherwise inflict harm upon any animal.
CRUELLY NEGLECT. To fail to provide any animal in one’s care, whether as owner or custodian, with food, water or other care as is reasonably necessary for the animal’s health.
HUMANE KILLING. The destruction of an animal by a method which causes the animal a minimum of pain and suffering.
LAW ENFORCEMENT OFFICER. Any member of the Nebraska State Patrol, any county or deputy sheriff, any member of a city or village police force, or any other public official authorized by the village or any other city or village to enforce state or local animal control laws, rules, regulations or ordinances.
LIVESTOCK ANIMAL. Any bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds or poultry.
(1997 Code, § 6-211)
(B) Law enforcement officer; powers; immunity.
(1) Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for or impound the animal.
(2) Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed in Neb. RS 29-422 to 29-429.
(3) Any law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer’s negligence.
(1997 Code, § 6-212)
(C) Penalty. A person who intentionally, knowingly or recklessly abandons, cruelly mistreats or cruelly neglects an animal if guilty of an offense.
(1997 Code, § 6-213)
(Ord. 5-90, passed 12-11-1990) Penalty, see § 90.99
Statutory reference:
Related provisions, see Neb. RS 28-1008, 28-1009, 28-1012