(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly requires a different meaning.
ANIMAL CONTROL AUTHORITY. The governing body (that being the Chairperson and the Board of Trustees) or any other entity authorized by the governing body to enforce the animal control laws of the village.
ANIMAL CONTROL OFFICER. The Chief of Police, members of the Police Department and any other individual employed, appointed or authorized by the governing body or animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals and shall include any state or local law enforcement or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
DANGEROUS DOG. The following:
(a) Any pit bull terrier, either full-blooded pit bull terrier or of mixed breeding, including pit bull terrier;
(b) Any dog that, according to the records of an animal control authority:
1. Has killed or inflicted severe personal injury on a human being on public or private property;
2. Has killed a domestic animal, without provocation while the dog was off the owner’s property; or
3. Has been previously determined to be a potentially dangerous dog by the governing body or animal control authority and the owner has received notice of such determination and such dog again aggressively bites, attacks or endangers the safety of humans or domestic animals. A dog shall not be defined as a DANGEROUS DOG if the threat, any injury that is not a severe injury or the damage was sustained by a person, who:
a. At the time, was committing willful trespass as defined in Neb. RS 20-203, 28-520 or 28-521 or any other tort upon the property of the owner of the dog;
b. Was tormenting, abusing or assaulting the dog;
c. Has, in the past, been observed or reported to have tormented, abused or assaulted the dog; or
d. Was committing or attempting to commit a crime.
DOMESTIC ANIMAL. A cat, a dog or livestock.
OWNER. Any person, firm, corporation, organization, political subdivision or department possessing, harboring, keeping or having control or custody of a dog.
POTENTIALLY DANGEROUS DOG.
(a) Any dog that, when unprovoked:
1. Inflicts a non-severe injury on a human or injures a domestic animal either on public private property; or
2. Chases or approaches a person upon streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack.
(b) Any specific dog with a known propensity, tendency or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.
SEVERE INJURY. Any physical injury that results in disfiguring lacerations requiring multiple sutures or cosmetic surgery or one or more broken bones or that creates a potential danger to the life or health of the victim.
(B) Confined.
(1) While unattended on the owner’s property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground. The pen or structure shall also protect the dog from the elements. The owner of a dangerous dog shall post a warning sign on the property where the dog is kept that is clearly visible and that informs persons that a dangerous dog is on the property.
(2) In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner.
(C) Additional regulations. Nothing in this section shall be construed to restrict or prohibit any governing body of the village from establishing and enforcing laws or ordinances at least as stringent as the provisions of this section.
(D) Failure to comply. Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this section. The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated this section.
(Ord. passed - -; Ord. passed - -; Ord. passed - -) Penalty, see § 93.99