(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 state patrol, any county or deputy sheriff, any member of the police force of the village or any other city or village, 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. LAW ENFORCEMENT OFFICER also includes a special investigator appointed as a deputy state sheriff as authorized pursuant to Neb. RS 81-201 while acting within the authority of the Director of Agriculture.
LIVESTOCK ANIMAL. Any bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds or poultry.
OWNER or CUSTODIAN. Any person owning, keeping, possessing, harboring or knowingly permitting an animal to remain on or about any premises owned or occupied by such person.
POLICE ANIMAL. A horse or dog owned or controlled by the state or any county, city or village for the purpose of assisting a law enforcement officer in the performance of his or her official enforcement duties.
(Neb. RS 28-1008)
(B) Enforcement powers; immunity.
(1) A 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) It shall be the duty of a law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated to make prompt investigation of such violation. A law enforcement officer may, in lieu of making an arrest, issue a citation to the owner or custodian as prescribed in Neb. RS 29-422 through 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.
(Neb. RS 28-1012)
(C) Violation.
(1) A person who intentionally, knowingly or recklessly abandons, cruelly neglects or cruelly mistreats an animal is guilty of an offense.
(2) A person commits harassment of a police animal if he or she knowingly and intentionally teases or harasses a police animal in order to distract, agitate or harm the police animal for the purpose of preventing such animal from performing its legitimate official duties.
(Neb. RS 28-1009)
Penalty, see § 91.99
Statutory reference:
Serious illness or injury to animal; death of animal; felony, see Neb. RS 28-1008 and 28-1009
Exemptions, see Neb. RS 28-1013