For the purposes of this Article the following terms or phrases shall have the following meanings:
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.
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 designated, employed, appointed, or authorized by an Animal Control Authority for the purpose of aiding in the enforcement of this Chapter or of any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals and also shall include any state or local law enforcement officer as well as any other state or local employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
BEARBAITING. The pitting of any animal against a bear.
BOVINE. A cow, an ox, or a bison.
COCKFIGHTING. The pitting of a fowl against another fowl.
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.
DANGEROUS ANIMAL.
(1) It shall be unlawful for any person to keep or harbor a dangerous animal, except as otherwise provided in this Chapter. For the purposes of this Chapter, a DANGEROUS ANIMAL is any animal that, according to the records of the Animal Control Authority:
(a) Has killed a human being;
(b) Has inflicted injury on a human being that requires medical treatment;
(c) Has killed or inflicted serious injury on a domestic animal without provocation;
(d) Ferociously and without provocation has attacked, snapped at, or bitten one or more human beings, or one or more other domestic animals, one or more times, or has a history of any of such behaviors;
(e) Has been previously determined to be a potentially dangerous animal by the Animal Control Authority of the City, the owner of which has received notice from the Animal Control Authority of the City of such determination, and that inflicts an injury on a human being that does not require medial treatment, injures a domestic animal, or threatens the safety of humans or domestic animals.
(f) Is owned or harbored primarily or in part for the purpose of animal fighting; or
(g) By training, disposition, or behavior poses a potential risk of attacking and inflicting injury without provocation upon human beings or other domestic animals.
(2) No animal may be declared to be a dangerous animal:
(a) If it inflicts injury or damage upon a human being committing a willful trespass or other tort upon premises occupied by the owner of the animal or upon a human being committing or attempting to commit a crime;
(b) For taking action to defend or protect a human being within the immediate vicinity of the animal from an unjustified attack or assault;
(c) If the individual 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
(d) If the injury, damage, or threat was sustained by an individual who, at the time, was tormenting, abusing or assaulting the animal, or has, in the past, been observed or reported to have tormented, abused or assaulted the animal.
(3) No animal used in lawful activities of law enforcement officials shall be declared to be a dangerous animal.
DOGFIGHTING. The pitting of a dog against another dog.
DOMESTIC ANIMAL. Any dog or cat or livestock. Livestock includes buffalo, deer, antelope, fowl and any other animal in any zoo, wildlife park, refuse, wildlife area or nature center intended to be on exhibit.
FOWL. Common domesticated gallinaceous birds including, but not limited to ducks, geese, chickens and pigeons.
HYBRID ANIMAL. Any animal which is the product of the breeding of a domestic dog with a nondomestic canine species.
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 city or any city or village, or any other public official authorized by the city or any other city or village to enforce state or local animal control laws, rules, regulations, or ordinances.
LIVESTOCK ANIMAL. Any bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds or poultry.
MEDICAL TREATMENT. Treatment administered by a physician or other licensed health care professional that results in one (1) or more sutures, surgery, or treatment for one (1) or more broken bones.
OWN (unless otherwise specified). To possess, keep, harbor, or have control of, charge of, or custody of a domestic or hybrid animal. This term does not apply to domestic or hybrid animals owned by other persons which are temporarily maintained on the premises of a veterinarian or kennel operator for a period of not more than thirty (30) days.
OWNER. Any person, firm, corporation, organization, political subdivision, or department possessing , harboring, keeping, or having control or custody of any domestic or hybrid animal or permitting a domestic animal to habitually be or remain on or be lodged or fed within such person’s house, yard or premises. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises domestic animals owned by other persons for a period of not more than thirty (30) days.
PITTING. Bringing animals together in combat.
POTENTIALLY DANGEROUS ANIMAL.
(1) (a) Any animal that, when unprovoked, inflicts an injury on a human being that does not require medical treatment, either on public or private property;
(b) Any animal that, when unprovoked, injures a domestic animal, either on public or private property;
(c) Any animal that, when unprovoked, chases or approaches a person who is upon a street, sidewalk, or any other public ground or public area, in a menacing or threatening fashion or apparent attitude of attack; or
(d) Any specific animal with a known propensity, tendency, or disposition to attack when unprovoked, or to cause injury, or to threaten the safety of human beings or domestic animals.
(2) No animal may be declared to be a potentially dangerous animal:
(a) If it inflicts injury or damage upon a human being committing a willful trespass or other tort upon premises occupied by the owner of the animal or upon a human being committing or attempting to commit a crime;
(b) For taking action to defend or protect a human being within the immediate vicinity of the animal from an unjustified attack or assault.
(3) No animal used in lawful activities of law enforcement officials shall be declared to be a potentially dangerous animal.
RUNNING AT LARGE. Any domestic animal found off the premises of the owner, and not under control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint.
SERIOUS INJURY ON A DOMESTIC ANIMAL. An injury to a domestic animal that requires treatment administered by a veterinarian, veterinary clinic, veterinary hospital, or veterinary office, that results in one (1) or more sutures, surgery, or treatment for one (1) or more broken bones.
UNUSUAL ANIMAL. Any poisonous or potentially dangerous animal not normally considered domesticated and shall include animals prohibited by the City of Springfield or by federal requirements, and also:
(1) Class Mammalia; order Carnivora, family Felidae (such as lions, tigers, jaguars, leopards, bobcats and cougars), except commonly accepted domestic cats and hybrids involving the same; family Canidae (such as wolves, coyotes, and fox); family Mustelidae (such as weasels, martins, fishers, skunks, wolverines, mink and badgers); family Procyonidae (such as raccoons); family Ursidae (such as bears); order Primata (such as monkeys and chimpanzees); and order Chiroptera (such as bats).
(2) Poisonous reptiles, cobras, and their allies (Elapidae, Hydrophiidae); vipers and their allies (Croctiladae, Viperidae); boonslangs and Kirkland’s tree snakes; and Gila monsters (Heleodermatidae).
VACCINATION AGAINST RABIES. The inoculation of a domestic or hybrid animal with a rabies vaccine as approved by the rules and regulations adopted and promulgated by the Department of Health and Human Services Regulation and Licensure.
(Ref. 65-617, 28-2008, 71-4401 RS Neb.) (Ord. No. 318, 3/13/90) (Amended by Ord. Nos. 336, 1/8/91; 337. 1/8/91; 642, 6/1/04; 697, 1/3/06; 828, 10/16/12)