(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. An entity authorized to enforce the animal control laws of the city, and includes any local law enforcement agency or other agency designated by the city to enforce the animal control laws of the city.
ANIMAL CONTROL OFFICER. Any individual employed, appointed or authorized by an animal control authority for the purpose of aiding in the enforcement of this section or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and includes 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.
(a) Any dog that, according to the records of the animal control authority:
1. Has killed a human being;
2. Has inflicted injury on a human being that required medical treatment;
3. Has killed a domestic animal without provocation; or
4. Has been previously determined to be a potentially dangerous dog by an animal control authority, and the owner has received notice of such determination from an animal control authority or an animal control officer, and the dog inflicts an injury on a human being that does not require medical treatment, injures a domestic animal or threatens the safety of humans or domestic animals.
(b) A dog shall not be defined as a DANGEROUS DOG if the individual was tormenting, abusing or assaulting the dog at the time of the injury or has, in the past, been observed or reported to have tormented, abused or assaulted the dog.
(c) A dog shall not be defined as a DANGEROUS DOG if the injury, damage or threat was sustained by an individual who, at the time, was committing a willful trespass as defined in Neb. RS 20-203, 28-520 or 28-521, or was committing any other tort upon the property of the owner of the dog, or was tormenting, abusing or assaulting the dog, or has, in the past, been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime.
(d) A dog shall not be defined as a DANGEROUS DOG if the dog is a police animal as defined in Neb. RS 28-1008.
DOMESTIC ANIMAL. A cat, a dog or livestock. LIVESTOCK includes buffalo, deer, antelope, fowl and any other animal in any zoo, wildlife park, refuge, wildlife area or nature center intended to be on exhibit.
MEDICAL TREATMENT. Treatment administered by a physician or other licensed health care professional that results in sutures or surgery or treatment for one or more broken bones.
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 an injury on a human being that does not require medical treatment;
2. Injures a domestic animal; or
3. 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.
(Neb. RS 54-617)
SEVERE INJURY. Any physical injury that results in disfiguring lacerations requiring multiple sutures, cosmetic surgery or one or more broken bones or that creates a potential danger to the life or health of the victim.
(Prior Code, § 2-308)
(B) Requirements and restrictions after declaration.
(1) A dangerous dog that has been declared as such shall be spayed or neutered and implanted with a microchip identification number by a licensed veterinarian within 30 days after such declaration. The cost of both procedures is the responsibility of the owner of the dangerous dog. Written proof of both procedures and the microchip identification number shall be provided to the animal control authority after the procedures are completed.
(2) No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash.
(3) Except as provided in division (B)(4) below or for a reasonable veterinary purpose, no owner of a dangerous dog shall transport such dog or permit such dog to be transported to another county, city or village in this state.
(4) An owner of a dangerous dog may transport such dog or permit such dog to be transported to another county, city or village in this state for the purpose of permanent relocation of the owner if the owner has obtained written permission prior to such relocation from the animal control authority of the county, city or village in which the owner resides and from the county, city or village in which the owner will reside. Each animal control authority may grant such permission based upon a reasonable evaluation of both the owner and the dog, including if the owner has complied with the laws of this state and of the county, city or village in which he or she resides with regard to dangerous dogs after the dog was declared dangerous. An animal control authority shall not grant permission under this section if the county, city or village has an ordinance or resolution prohibiting the relocation of dangerous dogs. After the permanent relocation, the animal control authority of the county, city or village in which the owner resides shall monitor the owner and such dog for a period of at least 30 days, but not to exceed 90 days, to ensure the owner’s compliance with the laws of this state and of such county, city or village with regard to dangerous dogs. Nothing in this division (B)(4) shall permit the rescindment of the declaration of dangerous dog.
(Neb. RS 54-618)
(C) Confinement of dangerous dogs.
(1) No person, firm, partnership, limited liability company or corporation shall own, keep or harbor, or allow to be in or on any premises occupied by him, her or it, or under his, her or its charge or control, any dangerous dog without such dog being confined so as to protect the public from injury.
(2) 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 at least one foot. The pen or structure shall also protect the dog from the elements. The pen or structure shall be at least ten feet from any property line of the owner. The owner of a dangerous dog shall post warning signs on the property where the dog is kept that are clearly visible from all areas of public access and that inform persons that a dangerous dog is on the property. Each warning sign shall be not less than ten inches by twelve inches and shall contain the words “warning” and “dangerous animal” in high-contrast lettering at least three inches high on a black background.
(Neb. RS 54-619)
(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.
(Neb. RS 54-620)
(E) Impoundment; hearing; destruction. In addition to any other penalty, the animal control authority shall order the animal control officer to dispose of a dangerous dog in a humane manner. Notice of impoundment of all animals, including any significant marks or identification, shall be posted at the office of the City Clerk as public notification of such impoundment. Upon such request, the animal control authority shall schedule the matter to be heard at a special or regular meeting of the animal control authority, at which time, the owner must present clear and convincing evidence that the dog will not present a present nor future threat to the safety of the public or to public property. The animal control authority shall not be bound by the state’s Rules of Evidence. Upon such proof to the satisfaction of the animal control authority, the dog may be returned to the owner after the owner pays all costs of confinement, board, medical treatment, food and care for the dog. If the foregoing costs are not paid within 15 days of the hearing, the dog shall be destroyed.
(Prior Code, § 2-312)
(F) Effect of prior conviction. If a dangerous dog of an owner with a prior conviction under this section attacks or bites a human being or domestic animal, in addition to any other penalty, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
(Neb. RS 54-623)
Penalty, see § 93.999
Statutory reference:
Owner felony liability; serious bodily injury second offense, see Neb. RS 54-622.01
Prior conviction; ownership of dangerous dog prohibited for ten years after, see Neb. RS 54-623