(A) It shall be unlawful for any person to beat, ill-treat, torment, overload, cruelly tether, overwork or cause injury or unnecessary pain to any animal.
(B) Any person found to have violated this section shall be guilty of a misdemeanor and shall be punished as provided for in § 90.99(A)(3).
(C) Any duly authorized law enforcement official or animal control officer may seek a warrant from the appropriate court to enable him or her to enter private property in order to inspect, care for or impound animals which show signs of animal neglect or animal abuse. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of this chapter has occurred. Each affidavit shall be accompanied by a sworn statement from any person filing a complaint of improper care with the appropriate agency. All animals impounded pursuant to such warrant or any other order of the court shall be:
(1) Placed in the care or custody of a veterinarian, or animal control; or
(2) If it is determined by a veterinarian acting for the animal control that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the city to be humanely disposed of as the chief of police, or his designee, deems appropriate.
(D) The owner or custodian of an animal impounded pursuant to this section shall be liable for the reasonable cost of the care and maintenance of the animal during the period of impoundment. Such costs shall be a lien upon the animal and the city may refuse to release such animal at the end of the legal proceedings until such costs have been paid.
(E) If a person is adjudicated guilty of the crime of animal neglect, animal abuse or animal fighting and the court having jurisdiction is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, its disposition shall be determined by the court.
(F) Any animal found abandoned, neglected, cruelly treated or in such a condition as to constitute a direct and immediate threat to its life, safety or health may be impounded immediately by an
(F) Any animal found abandoned, neglected, cruelly treated, cruelly tethered or in such a condition as to constitute a direct and immediate threat to its life, safety or health may be impounded immediately by an officer for a period of 72 hours. If it is determined by a veterinarian acting for the city that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the city to be humanely disposed of as the Chief of Police, or his designee, deems appropriate. The court may order the impoundment of such animal beyond such 72-hour period if the animal is in such a condition as to constitute a direct and immediate threat to its life, safety or health or as the court otherwise deems appropriate for the health and safety of the public. Any person who owns, keeps, harbors, maintains, or controls any animal involved in such impoundment shall pay all expenses, including shelter, food, veterinary expenses, boarding, or other expenses, necessitated by the impoundment of the animal for the protection of the public and other expenses as may be required. The Chief of Police, or his designee, may require such person to pay, prior to the expiration of 10 days after the date of impoundment, an amount sufficient to pay all reasonable expenses incurred in caring and providing for the animal, including estimated medical care, for 30 days, inclusive of the date on which the animal was impounded. If such payment is not made prior to expiration of this 10-day period, the animal shall become the property of the city to be disposed of as the city deems appropriate. Such payment will be required for each succeeding 30-day period. If any such payment is not made prior to the end of each succeeding 30-day period, the animal shall become the property of the city to be disposed of as the city deems appropriate. The amount of the payment shall be determined by the city based on the current rate for board at the animal shelter and the condition of the animal after examination of the animal by a veterinarian acting for the city. Any such payment received by the city in excess of the amount determined by the city to be due for the board and care of the animal shall be refunded by the city upon expiration of the order of impoundment. Notwithstanding the foregoing, if the owner or custodian is found not guilty of animal neglect or cruelty, the owner or custodian shall only be required to pay the veterinary expenses and one-half of the board and care fees determined by the city to be due.
(G) Notwithstanding the foregoing, if it is determined by a veterinarian acting for the city that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the city to be humanely disposed of as the city deems appropriate.
(Prior Code, § 8-11) (Am. Ord. 3768, 8-4-2009; Am. Ord. 3941, § 2, 5-17-2016)
Penalty, see § 90.99
Statutory reference:
Cruelty, see Neb. R.S. 28-1008