(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
POTENTIALLY DANGEROUS DOG or POTENTIALLY DANGEROUS ANIMAL. Any dog that, when unprovoked, inflicts bites on a human or a domestic animal either on public or private property, or chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or any dog or animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of humans or domestic animals.
PROPER ENCLOSURE. Confinement indoors or confinement in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. As minimum requirements, PROPER ENCLOSURES shall:
(a) Have secure sides and a secure top;
(b) Be securely embedded into the ground to a depth of at least one foot;
(c) Provide protection from the elements for the dog;
(d) Be located at the minimum of ten feet from any property line of the owner; and
(e) Have warning signs located on the property where the structure or pen is located that are clearly visible from all areas of public access that inform persons that a dangerous dog is on the property. Each warning sign shall be no less than ten inches by 12 inches and contain the words “warning” and “dangerous dog” or “dangerous animal” in high contrast lettering at least three inches high on a black background and a sign with a “warning symbol” of the presence of a dangerous dog.
(B) Determination and notification.
(1) If it is determined by an animal control officer that a dog or other animal is potentially dangerous, an animal control officer shall notify in writing to the owner of the dog that has been declared a potentially dangerous dog or animal. A copy of the written notification shall be submitted to the Village Clerk-Treasurer who shall keep said notice on file.
(2) If the owner of the dog disagrees with the determination, the owner may appeal in writing to the Village Board within ten days of receiving the notice by giving written notice to the Village Clerk-Treasurer. Upon receiving the appeal, the Board shall hold a hearing at its next regular meeting to examine the evidence concerning the determination previously made.
(a) The hearing shall be informal in nature and the rules of evidence shall not apply, but the Board shall consider only credible and relevant evidence. The owner and animal control officer shall have the opportunity to present evidence and to be heard on the matter.
(b) The determination that a dog or animal is potentially dangerous shall be made by the concurrence of a majority of all members elected to the Board, and notification shall be sent to the owner in writing within ten days of a meeting.
(c) During the procedure described in this division (B)(2), a dog or animal declared as potentially dangerous may be impounded pursuant to §§ 92.14 and 92.28 at the owners expense or, if the animal control officer is assured by the owner’s signed agreement of proper confinement and safeguards and that the dog has a current rabies vaccination and license, the dog may be released to its owner pending a final decision.
(C) Certification.
(1) The owner or harborer of a dog which has been declared as a potentially dangerous dog shall immediately apply for a “certificate of registration of a potentially dangerous dog” from the Village Board. The certificate of registration shall be issued by the Village Board upon the payment in an amount as established by the village by resolution if the owner presents sufficient evidence of a “proper enclosure,” a photograph of the dog, liability insurance that the owner or harborer is insured for damages that might be caused by the dog in no less than $100,000 and other requirements of this chapter.
(2) It is prohibited for the owner or harborer of a potentially dog to not obtain a certificate of registration within five days after said animal is declared “potentially dangerous.” A violation of this requirement results in the animal being impounded until compliance with this chapter.
(D) Proper enclosure. It is unlawful for an owner of a potentially dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(E) Impoundment of potentially dangerous dogs and animals. Any potentially dangerous dog or animal which is:
(1) Not validly registered under this section;
(2) Not maintained in the proper enclosure;
(3) Outside the dwelling of the owner or outside of the proper enclosure and not under physical restraint of the responsible person; and/or
(4) Not covered by liability insurance coverage or a surety bond as required by this section.
(F) Destruction of dangerous animals or potentially dangerous dogs. If the court finds that a dog is a potentially dangerous dog as defined in this section, the court may, in addition to the usual judgment of conviction, order that the dog be humanely killed. Upon a finding by the court that a dog is a dangerous dog as defined herein, or other dangerous animal, the court shall, in addition to the usual judgment of conviction order that the dog or other animal be humanely killed.
(Ord. 657, passed 6-22-2022) Penalty, see § 92.99
Statutory reference:
Dangerous dogs, see Neb. RS 54-617 through 54-624