For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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. The animal control authority for the city shall be the Chief of Police of the city.
ANIMAL CONTROL OFFICER. Any individual employed, appointed, or authorized by an animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals 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. The animal control officer of the city shall be the Chief of Police of the city, and his or her officers.
DANGEROUS ANIMAL.
(1) 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 a domestic animal without provocation; or
(d) Has been previously determined to be a potentially dangerous animal by an animal control authority, the owner has received notice of such determination from an animal control authority or an animal control officer, 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.
(2) An animal shall not be defined as a DANGEROUS ANIMAL 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.
(3) An animal shall not be defined as a DANGEROUS ANIMAL if the injury, damage, or threat was sustained by an individual who, at the time, was committing a willful trespass as defined in Neb. RS 20-203, 28-520, or 28-521, was committing any other tort upon the property of the owner of the animal, was tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.
(4) An animal shall not be defined as a DANGEROUS ANIMAL if the animal is a police animal as defined in Neb. RS 28-1008.
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.
OWNER. Any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of an animal.
POTENTIALLY DANGEROUS ANIMAL.
(1) Any animal that when unprovoked:
(a) Inflicts an injury on a human being that does not require medical treatment; or
(b) Injures a domestic animal; or
(c) Chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack.
(2) 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.
(Neb. RS 54-617) ('72 Code, § 6-114) (Am. Ord. 1804, passed 5-23-02; Am. Ord. 2305, passed 4-11-2019; Am. Ord. 2356, passed 10-8-20)