CHAPTER 91: ANIMALS
Section
General Provisions
   91.01   Animals and fowls
   91.02   Running at large; tethering
   91.03   Killing, poisoning and injuring
   91.04   Abandonment, neglect and mistreatment
   91.05   Impoundment
   91.06   Interference with police
   91.07   Taxes and fees; deposit
Dogs and Cats
   91.20   Definitions
   91.21   Animal control officer
   91.22   License and tax required; exemption; tags
   91.23   Collar or harness required
   91.24   Removal of collar, harness or tags
   91.25   Kennel or cattery; permit required
   91.26   Barking or howling
   91.27   Fighting
   91.28   Liability of owner
   91.29   Dangerous dogs
   91.30   Limited number on premises
   91.31   Animal shelter
   91.32   Pit bull dogs
Rabies
   91.45   Vaccination required; cost; exemptions
   91.46   Certificate of vaccination
   91.47   Impoundment of afflicted animals
   91.48   Authority to kill
   91.49   Proclamation of danger
 
   91.99   Penalty
GENERAL PROVISIONS
§ 91.01 ANIMALS AND FOWLS.
   To provide for the health, safety and general welfare of the residents of the municipality, no horse, mule, cow, calf, sheep, goat, swine, fowl or rabbit shall be kept or maintained. For other animals or rodents kept or maintained as pets, confinement and space limitations shall be as approved by the governing body.
(Neb. Rev. Stat. § 17-526) (Prior Code, § 6-201) Penalty, see § 91.99
§ 91.02 RUNNING AT LARGE; TETHERING.
   (A)   It shall be unlawful for the owner of any cow, hog, horse, mule, sheep, goat, dog, chicken, turkey, goose or other animal except a cat to permit the animal to run at large at any time on any of the public ways and property or the property of another in the village or to be tethered or staked out in such a manner so as to allow the animal to reach or pass into any public way or property or any property of another.
   (B)   The owner of a cat may permit the cat to run at large within the corporate limits subject to any restrictions or prohibitions otherwise imposed by the Board of Trustees.
   (C)   Any animal found running at large or tethered or staked out in violation of this section is a public nuisance and may be impounded or destroyed as provided in this chapter.
   (D)   Nothing in this section shall be construed to permit anyone to own an animal in the corporate limits of the village that is prohibited by the Board of Trustees.
Penalty, see § 91.99
Statutory reference:
   Authority to regulate, see Neb. Rev. Stat. §§ 17-526 and 17-547
   Fine for permitting collarless dog to run at large, see Neb. Rev. Stat. § 54-607
§ 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 ABANDONMENT, NEGLECT AND MISTREATMENT.
   (A)   Definitions. For the purpose of this chapter, 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. Rev. Stat. § 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. Rev. Stat. § 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. Rev. Stat. §§ 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. Rev. Stat. § 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. Rev. Stat. § 28-1009) Penalty, see § 91.99
Statutory reference:
   Exemptions, see Neb. Rev. Stat. § 28-1013
   Serious illness or injury to animal; death of animal; felony, see Neb. Rev. Stat. §§ 28-1008 and 28-1009
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