(A) It shall be unlawful for anyone within the city limits to own, keep or harbor a dangerous dog and/or hybrid animal.
(B) It shall be unlawful for anyone within the city limits to own, keep or harbor a potentially dangerous dog and/or hybrid animal.
(C) For purposes of this section, the following definitions shall apply:
DANGEROUS DOG AND/OR HYBRID ANIMAL.
(a) A dog and/or hybrid animal that, according to the records of the Police Department:
1. Has killed a human being;
2. Has inflicted injury on a human being resulting in a puncture wound and/or an injury that requires medical treatment;
3. Has killed a domestic animal without provocation; or
4. Has been previously determined to be a potentially dangerous dog by a court order, the owner has received notice of such determination, and the dog and/or hybrid animal 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 and/or hybrid animal shall not be defined as a dangerous dog and/or hybrid animal under division (a)2. of this section, if the individual was tormenting, abusing, or assaulting the dog and/or hybrid animal at the time of the injury or has, in the past, tormented, abused, or assaulted the dog and/or hybrid animal.
2. A dog and/or hybrid animal shall not be defined as a dangerous dog and/or hybrid animal under division (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 by Nebraska statute, was committing any other tort upon the property of the owner of the dog and/or hybrid animal, was tormenting, abusing, or assaulting the dog and/or hybrid animal, or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog and/or hybrid animal, or was committing or attempting to commit a crime.
3. A dog and/or hybrid animal shall not be defined as a dangerous dog and/or hybrid animal under division (B) of this section if the dog and/or hybrid animal is a police animal as defined by Nebraska statute.
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 that results in sutures or surgery or treatment for one or more broken bones;
OWNER. Any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of a dog and/or hybrid animal.
POTENTIALLY DANGEROUS DOG AND/OR HYBRID ANIMAL.
(a) Any dog and/or hybrid animal that when unprovoked:
1. Inflicts an injury on a human being that is not a puncture wound and 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
(b) Any specific dog and/or hybrid animal with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.
(Neb. RS 54-617) (Ord. 2009-2826, passed 8-17-2009; Ord. 2020-2999, passed 3-16-2020; Ord. 2020-3009, passed 6-15-2020; Ord. 2021-3017, passed 6-21-2021) Penalty, see § 90.99