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§ 93.24 BARKING AND CHASING; COMPLAINTS.
   (A)   It shall be unlawful for the owner to allow a dog to annoy or disturb any neighborhood or person by loud, continued, or frequent barking, howling, or yelping or to habitually bark at or chase pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the city.
   (B)   Upon the written complaint of two or more affected persons from different households, filed within any 30-day period with the City Clerk or animal control officer, that any dog owned by the person named in the complaint is an annoyance or disturbance, or otherwise violates the provisions of this section, the city police or animal control officer shall investigate the complaint and, if in his or her opinion the situation warrants, notify the owner to silence and restrain the dog.
   (C)   The provisions of this section shall not be construed to apply to any city animal shelter.
Penalty, see § 93.99
Statutory reference:
   Authority to guard against annoyances, see Neb. RS 17-526
§ 93.25 RUNNING AT LARGE.
   (A)   It shall be unlawful for the owner of any dog to allow such dog to run at large at any time within the corporate limits of the city. RUNNING AT LARGE shall mean any dog found off the premises of the owner, and not under control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage, or other suitable means of physical restraint.
   (B)   Whenever any dog is seen and identified as running at large, and when said dog cannot be caught, the owner of any such dog shall be fined in accordance with the city’s fee schedule.
(Prior Code, § 6-106) Penalty, see § 93.99
§ 93.26 IMPOUNDING.
   It shall be the duty of the city police to capture, secure, and remove in a humane manner to the city’s animal shelter any dog violating any of the provisions of this chapter. The dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded dog shall be kept and maintained at the pound for a period of not less than five days after public notice has been given unless reclaimed earlier by the owner. Notice of impoundment of all animals, including any significant marks or identifications, shall be posted at the office of the City Clerk within 24 hours after impoundment as public notification of such impoundment. Any dog may be reclaimed by its owner during the period of impoundment by payment of a general impoundment fee and daily board fee as set by resolution of the City Council and on file in the office of the City Clerk. The owner shall then be required to comply with the licensing and rabies vaccination requirements within 72 hours after release. If the dog is not claimed at the end of required waiting period after public notice has been given, the city police may dispose of the dog in accordance with the applicable rules and regulations pertaining to the same; provided, that if, in the judgment of the city police, a suitable home can be found for any such dog within the city, the said dog shall be turned over to that person and the new owner shall then be required to pay all fees and meet all licensing and vaccinating requirements provided in this chapter. The city shall acquire legal title to any unlicensed dog impounded in the animal shelter for a period longer than the required waiting period after giving notice. All dogs shall be destroyed and buried in the summary and humane manner as prescribed by the Board of Health unless a suitable home can be found for such dog.
(Prior Code, § 6-107) Penalty, see § 93.99
Statutory reference:
   Related provisions, see Neb. RS 17-548 and 71-4408
§ 93.27 CAPTURE IMPOSSIBLE.
   The city police shall have the authority to kill any animals showing vicious tendencies, or characteristics of rabies which makes capture impossible because of the danger involved.
(Prior Code, § 6-108)
Statutory reference:
   Related provisions, see Neb. RS 17-526
§ 93.28 VICIOUS DOGS.
   It shall be unlawful for any person to own, keep, or harbor any dog of a dangerous or ferocious disposition that habitually snaps or manifests a disposition to bite, without the said dog being securely held by a chain not over six feet long. If any vicious or dangerous dog is otherwise held, confined, or allowed to run at large, the city police shall have the authority to put the dog to death.
(Prior Code, § 6-109) Penalty, see § 93.99
Statutory reference:
   Related provisions, see Neb. RS 17-526
§ 93.29 RABIES SUSPECTED.
   Any dog suspected of being afflicted with rabies, or any dog not vaccinated in accordance with the provisions of this chapter which has bitten any person and caused an abrasion of the skin, shall be seized and impounded under the supervision of the Board of Health for a period of not less than ten days. If upon examination by a veterinarian, the dog has no clinical signs of rabies at the end of such impoundment, it may be released to the owner, or, in the case of an unlicensed dog, it shall be disposed of in accordance with the provisions herein. If the owner of the said dog has proof of vaccination, it shall be confined by the owner or some other responsible person for a period of at least ten days, at which time the dog shall be examined by a licensed veterinarian. If no signs of rabies are observed, the dog may be released from confinement.
(Prior Code, § 6-114)
Statutory reference:
   Related provisions, see Neb. RS 71-4406
§ 93.30 PIT BULLS; PROHIBITION AND REGULATION.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      OWNER. Any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports, or sells a pit bull dog.
      PIT BULL DOG. Includes:
         (a)   The bull terrier breed of dogs;
         (b)   The Staffordshire bull terrier breed of dogs;
         (c)   The American pit bull terrier breed of dogs;
         (d)   The American Staffordshire terrier breed of dogs;
         (e)   Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or any other breed commonly known as pit bulls, pit bull dogs, or pit bull terriers, or a combination of any of these breeds.
   (B)   Pit bull ownership prohibited. Subject to the following provisions pertaining to present ownership rights, it is hereby determined to be a nuisance and unlawful for any person to acquire by any means and thereafter own, keep, harbor, or in any way possess a pit bull dog within the jurisdiction of the city.
   (C)   Restrictions on current ownership or possession of pit bull dogs. Any person who shall have owned, kept, harbored, or in any way possessed a pit bull dog within the jurisdiction of the city prior to November 1, 2008, shall be required to properly register the said pit bull dog with the city, and such person shall be subject to and abide by the requirements of this section while such pit bull dog remains within the jurisdiction of the city. Any such owner, keeper, harborer, or possessor of a pit bull dog within the city shall comply with the following standards and requirements.
      (1)   Leash and muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six feet in length. No person shall permit a pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the said chain, rope or leash. Such dog shall not be leashed to inanimate objects such as trees, posts, buildings, and the like. All pit bull dogs on a tether outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
      (2)   Confinement.
         (a)   Every registered pit bull dog shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided herein. Such pen, kennel, or structure must have:
            1.   Secure sides and a secure top attached to the sides; and
            2.   A secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet.
         (b)   Each structure used to confine a registered pit bull dog must be locked with a key or combination lock when such animal is inside. All structures that are erected to house pit bull dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
      (3)   Confinement indoors. No pit bull dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building of its own volition. In addition, no animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
   (D)   Signs. All owners of registered pit bull dogs within the city shall display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog - Pit Bull.” In addition, a similar sign shall be posted on the kennel or pen of such animal.
   (E)   Insurance. All owners of registered pit bull dogs shall provide proof to the city of possession of liability insurance in a single-incident amount of $500,000 for bodily injury or death of any person which may result from the ownership of such animal. Such insurance policy shall provide that no cancellation of the written policy may be made unless ten days’ written notice is first given to the city.
   (F)   Identification photograph. Every owner of a registered pit bull dog shall provide the city two color photographs of the registered animal in two different poses, showing its color and approximate size.
   (G)   Reporting and disposal requirements. Every owner of a registered pit bull dog shall, within ten days of any of the following incidents, report in writing to the city as follows:
      (1)   Removal of dog from the city;
      (2)   Death of said dog;
      (3)   Birth of offspring, and thereafter the offspring shall be disposed of or removed from the jurisdiction of the city within 45 days of their birth; and
      (4)   New address if owner moves with the city.
   (H)   Sale or transfer of ownership prohibited. No person shall sell, barter, or in any other way dispose of a pit bull dog registered with the city to any other person, provided that the owner of the registered pit bull dog may sell or otherwise dispose of it or its offspring to persons who do not reside within the city and do not permit such pit bull dog or offspring to be kept within the jurisdiction of the city.
(Prior Code, § 6-115) (Ord. 679, passed 9-1-2009) Penalty, see § 93.99
CATS
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