§ 95.06  ABANDONMENT, NEGLECT AND CRUELTY.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABANDON. To leave any animal 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.
         (a)   Any vertebrate member of the animal kingdom except man.
   
         (b)   The term shall not include an uncaptured wild creature.
      ANIMAL CONTROL OFFICER. The Police Chief, or any other police officer of the city.
      CRUELLY MISTREAT. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise set 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 Nebraska State Patrol, any county or deputy sheriff, any member of the police force of the municipality, or any other public official authorized by the municipality to enforce state or local animal control laws, rules, regulations, or ordinances.
   (B)   Enforcement powers.
      (1)   Any 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)   Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed by law.
      (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.
   (C)   Violation. A person commits cruelty to animals if he or she abandons, cruelly mistreats, or cruelly neglects an animal.
(Ord. 2003-O-020, passed 8-11-03)