For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. The Village Board of Trustees.
ANIMAL CONTROL OFFICER. Any individual employed, appointed, or authorized by the Animal Control Authority for the purpose of aiding in the licensing, control, or seizure and impoundment of animals, and shall include any state or local law enforcement personnel or other employees whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
DANGEROUS DOG.
(1) Any dog that:
(a) Has killed or inflicted severe injury on a human being on public or private property;
(b) Has killed a domestic animal while the dog was off the owner’s property; and/or
(c) Is one of the following breeds or any mix which includes one of the following breeds:
Akita; Chow; Doberman Pinscher; Pit Bull breeds, including but not limited to the American Pit Bull Terrier, American Staffordshire Terrier and the Staffordshire Bull Terrier; Rottweiler; wolf hybrids; Presa Canario; and Boerboel.
(2) If a dispute exists as to whether a dog within the village or its zoning jurisdiction is of the breeds or is a mixed breed which contains one of the breeds listed in division (1) above, the village shall employ a state-licensed veterinarian to examine the animal or pictures of the animal, to determine whether such dog is one of the breeds or is a mixed breed which contains one of the breeds listed above. Such determination shall be final on both the village and the person owning or harboring the dog.
(3) A dog shall not be defined as a DANGEROUS DOG if any threat or any damage was sustained by a person who, at the time, was committing a willful trespass or any other tort upon the property owner of the dog, nor shall a dog be considered a DANGEROUS DOG if the dog was provoked or abused by the party complaining.
DOMESTIC ANIMAL. A cat, a dog, or livestock.
OWNER. Any person, firm, corporation, organization, political subdivision, or department who shall possess, harbor, keep, or have control or custody of a dog or permit a dog to be present for ten days or more in or about his, her, or its house, store, or enclosure.
SEVERE INJURY. Any physical injury that results in 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.
(Ord. 2022-4, passed 7-5-2022)
Statutory reference:
Related provisions, see Neb. RS 54-606 and 71-4401