(a) Definitions.
(1) "Animal control authority" means the Police Department which through its officers and employees and contracted impound is authorized to enforce the animal control laws of the City;
(2) "Animal control officer" means any individual employed, appointed or authorized by the City through its Police Department to aid in the enforcement of laws and ordinances relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes all Police Department officers and other employees or contracted personnel whose duties or assignments in whole or in part involve the seizure and impoundment of any animal;
(3) Dangerous animal means an animal that according to the records of an animal control authority: has killed a human being; has inflicted injury on a human being that requires medical treatment; has killed a domestic animal without provocation; or has been previously determined to be a potentially dangerous animal by an animal control authority, the owner has received notice of such determination, and the animal 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.
A. An animal shall not be defined as a dangerous animal under paragraph (a)(3) above if the individual threatened or attacked was tormenting, abusing, or assaulting the animal at the time of the injury or has, in the past, been observed or reported to have tormented, abused or assaulted the animal.
B. An animal shall not be defined as a dangerous animal under paragraph (a)(3) above if this injury, damage, or threat was sustained by an individual who, at the time, was committing a willful trespass as defined in this Code or in Section 20-203, 28-520, or 28-521 R.R.S. Neb., or was committing or attempting to commit a crime.
(4) Domestic animal means a cat, a dog, or livestock, which includes horse, cattle, deer, and fowl and any other type of animal not named above which is kept as a pet;
(5) Medical treatment means treatment administered by a physician or other licensed health care professional;
(6) Owner means any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of an animal; and
(7) Potentially dangerous animal means:
A. Any animal that when unprovoked by the person threatened inflicts an injury on a human being that does not require medical treatment; injures a domestic animal; or chases or approaches a person upon streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack;
B. Any specific animal with a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to threaten the safety of humans or domestic animals; or
C. Any animal that snaps at a human being or manifests a disposition to bite.
(b) A dangerous animal that has been declared as such shall be spayed or neutered and implanted with a microchip identification number by a licensed veterinarian within thirty days after such declaration. The cost of both procedures is the responsibility of the owner of the dangerous animal. Written proof of both procedures and the microchip identification number shall be provided to the animal control authority after the procedures are completed.
(c) No owner of a dangerous animal shall permit the animal to go beyond the property of the owner unless the animal is restrained securely by a chain or leash.
(d) No owner found guilty of violating a dangerous animal ordinance or statute shall relocate an animal upon which said finding is based to the City. No owner of an animal previously determined to be a dangerous animal in any other jurisdiction shall move said animal from outside the corporate limits of the City into the City. Any such animal shall be humanely impounded or removed from the City limits. Any such animal will be destroyed if the owner does not remove same from the City within ten days. Such an animal shall only be released from impound for immediate removal from the City upon payment of all impound and boarding fees.
(e) 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 animal unless such animal is at all times securely confined as provided in subsection (f) below.
(f) While not under the owner's direct observation and control on the owner's property, a dangerous animal 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 animal 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 a depth of at least one foot. The pen or structure shall also protect the animal 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 animal shall post warning signs on the property where the animal is kept that are clearly visible from all areas of public access and that inform persons that a dangerous animal is on the property. Each warning sign shall be no 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.
(g) Any dangerous animal may be immediately confiscated by an animal control officer if the owner is in violation of this chapter. The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous animal confiscated by an animal control officer and for the destruction of any dangerous animal.
(h) 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 potentially dangerous animal unless such animal is kept within a building or a fenced area constructed so as to assure the animal cannot escape by forcing a gate, climbing, jumping over, digging under or going through said fence.
(Ord. 822. Passed 6-11-73; Ord. 1606. Passed 5-27-08; Ord. 1813. Passed 10-22-19.)