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§ 91.03 KILLING, POISONING AND INJURING.
   It shall be unlawful for any person to kill, administer or cause to be administered poison of any sort to, or in any manner injure, maim or destroy or attempt to injure, maim or destroy any animal or to place any poison or poisoned food where it is accessible to an animal, except that:
   (A)   This section shall not apply to any law enforcement officer or animal control officer acting within his or her power and duty;
   (B)   This section shall not apply if the animal is vicious, dangerous or showing characteristics of rabies and cannot be captured without danger to the persons attempting to effect a capture of the animal; and
   (C)   Any owner of a dog that he or she wishes to be destroyed may place the dog in an animal pound or shelter or with a licensed veterinarian to be humanely destroyed and disposed of according to the provisions in this chapter or other provisions of law.
Penalty, see § 91.99
§ 91.04 ENCLOSURES.
   All pens, cages, sheds, yards or any other area or enclosure for the confinement of animals not specifically barred within the corporate limits shall be kept in a clean and orderly manner so as not to become a menace or nuisance to the neighborhood in which the enclosure is located.
Penalty, see § 91.99 
§ 91.05 ABANDONMENT, NEGLECT AND MISTREATMENT.
   (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
§ 91.06 PITTING ANIMALS PROHIBITED.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BEARBAITING. The pitting of any animal against a bear.
      COCKFIGHTING. The pitting of a fowl against another fowl.
      DOGFIGHTING. Bringing animals together in combat.
(Prior Code, § 6-206)
   (B)   Pitting animals prohibited. No person shall knowingly promote, engage in or be employed at dogfighting, cockfighting, bearbaiting or pitting an animal against another. Nor shall any person knowingly receive money for the admission of another person to a place kept for such purpose. Nor shall any person knowingly own, use, train, sell or possess any animal for the purpose of animal pitting. Nor shall any person knowingly permit any acts as described in this section to occur on any premises owned or controlled by him or her.
(Prior Code, § 6-207)
   (C)   Spectators prohibited. No person shall knowingly and willingly be present at and witness as a spectator dogfighting, cockfighting, bearbaiting or the pitting of an animal against another as defined in division (A) above.
(Prior Code, § 6-208)
Penalty, see § 91.99
Statutory reference:
   Similar provisions, see Neb. RS 28-101
DOGS
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