(A) No person shall own, keep, harbor or allow to be in or upon any premises occupied by him or under his charge or control any dangerous or potentially dangerous dog without said dog being confined so as to protect the public from injury. Any city law enforcement officer, animal control officer or other authority designated by the Mayor and City Council is authorized to kill such dog if found running at large. The prudent use of firearms by any such officer for this purpose or for any purpose required, by this section shall not be considered a violation of this code or other ordinances of the city.
(B) DANGEROUS DOG shall be defined as one who meets one or more of the following conditions:
(1) Has killed a human being;
(2) Has inflicted injury on a human being that requires medical treatment;
(3) Has killed a domestic animal without provocation; or
(4) Has been previously declared or determined to be a potentially dangerous dog by an Animal Control Authority or city administrative declaration, the owner has received notice from an Animal Control Authority or an Animal Control Officer or the city of such declaration or determination, 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.
(Neb. RS 54-617)
(C) POTENTIALLY DANGEROUS DOG shall be defined as one who meets one or more of the following conditions:
(1) Any dog that, when unprovoked:
(a) Inflicts an injury on a human that does not require medical treatment, or injures a domestic animal(s) either on public or private property; or
(b) Chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
(2) 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 animal(s).
(Neb. RS 54-617)
(D) No dog may be declared dangerous or potentially dangerous if it inflicts injury or damage on a person committing a willful trespass or other tort upon premises occupied by the owner or lessee of the dog or committing or attempting to commit a crime. No dog may be declared dangerous or potentially dangerous for taking action to defend or protect a human being within the immediate vicinity of the dog from an unjustified attack or assault. No dog used in lawful activities of any law enforcement officer shall be declared a dangerous or potentially dangerous dog.
(E) For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOMESTIC ANIMAL. A cat, a dog, or livestock.
ENCLOSURE. A fence or structure suitable to prevent the entry of young children, and which is suitable to confine a dangerous dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed in a humane manner.
IMPOUNDED. A dog or animal taken into the custody of the animal control services or authorized law enforcement officer of the city to the public pound or provider of animal control services for the city.
INJURY. Any physical injury resulting in medical treatment administered by a physician or other licensed healthcare professional that results in sutures or surgery or treatment for one or more broken bones.
LAW ENFORCEMENT OFFICER or ANIMAL CONTROL OFFICER. A person authorized to enforce the animal control laws of the city including any active police officer or animal control officer and the duties of said law enforcement officer shall include the control of animal(s), or seizure and impoundment of animal(s) 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(s).
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.
SEVERE INJURY. Any physical injury that results in disfiguring lacerations requiring medical treatment or one or more broken bones or that creates a potential danger to the life or health of the victim.
(Ord. 2012-16, passed 2-19-2013)