Statute in Full:
North Platte, Nebraska
Omaha, Nebraska
North Platte, Nebraska Code of Ordinances City of North Platte Nebraska Chapter 8 ANIMALS* __________ *Cross references: Disposal of dead animals, § 44-42. State law references: Authority to regulate animals, R.R.S. 1943, §§ 16-206, 16-235--16-237. __________ Sec. 8-1. Definitions. Sec. 8-2. Interfering with enforcement; obstructing enforcement officer. Sec. 8-3. Duties of police. Sec. 8-4. Care of animals. Sec. 8-5. Dogs and cats running at large. Sec. 8-6. Excessive animal noise. Sec. 8-7. Limitation on number of dogs and cats. Sec. 8-8. Dangerous animals; prohibited animals in residential areas. Sec. 8-9. Control of animals in public parks. Sec. 8-10. Horses and other large domestic animals in public parks. Sec. 8-11. Animal abuse. Sec. 8-12. Animal fighting. Sec. 8-13. Restrictions on sale of fowl. Sec. 8-14. Killing, injuring or poisoning domestic animals. Sec. 8-15. Authority to rescue animals confined in vehicle. Sec. 8-16. Abandonment. Sec. 8-17. Impoundment; issuance of summons in lieu of impoundment. Sec. 8-18. Disposition of impounded animals. Sec. 8-19. Animal bites and disease control. Sec. 8-20. Permit for elimination of pests. Sec. 8-21. Allowing animal to run at large; tethering animal on public way; distance of animals from residences. Sec. 8-22. Commercial animal establishments. Sec. 8-23. Rabies vaccination for dogs and cats. Sec. 8-24. Adoption fee and procedure; impoundment or euthanasia fees; disposition of fees. Sec. 8-25. Penalties. Sec. 8-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adequate care means normal and prudent attention to the needs of an animal, including that care which is normally necessary to maintain good health in a specific species of animal. Adequate control means that control necessary to restrain or govern an animal so that the animal does not injure or pose a threat to itself, any person, any other animal or property. Adequate food means wholesome foodstuffs suitable for the species provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in an animal considering its age and condition. Adequate health care means the provision to each healthy animal of all immunizations and preventive care required to maintain good health, and space adequate to allow the animal rest and exercise sufficient to maintain good health, and the provision to each sick, diseased or injured animal of necessary veterinary care or humane death. Adequate shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter for the species, condition and age of the animal which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions. Adequate water means a constant access to or access at suitable intervals to a supply of clean, fresh, potable water provided in a sanitary manner suitable for the species, condition and age of the animal in sufficient amounts to maintain good health in the animal. Animal means any live vertebrate creature, domestic or wild, other than a human, including but not limited to the following: (1) Domestic animal means an animal which is tame or domesticated or adapted to live in intimate association with man, such as a pet. (2) Farm animal means an animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber. (3) Fowl means any and all fowl, domesticated and wild, male and female, singular or plural. (4) Large animal means any swine, bovine, goat, sheep or beast of burden, or any other domestic or wild animal of similar or larger size. (5) Small animal means any animal not within the definition of large animal, but including all dogs without reference to size. (6) Wild animal means any animal which is predominantly free-roaming as opposed to domesticated. Animal shelter means the facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law. Cat means any domestic feline animal (Felis domesticus), male or female, sexed or neutered. Commercial animal establishment means any pet shop, grooming shop, animal exhibit, rodeo, auction, riding school, stable, carriage horse service, cattery, kennel, patrol, sentry or guard dog service, animal trainer, or business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of such establishments. Dog means any domestic canine animal (Canis familiaris), male or female, sexed or neutered. Any cross or hybrid which is part dog and part wild animal shall be considered a wild animal for the purposes of this chapter. Harbor means to feed or shelter an animal at the same location for three or more consecutive days. Humane killing means the destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Committee on Euthanasia. Officer means any duly appointed police officer, humane officer or animal control officer of the city. Owner, in addition to its ordinary meaning, also means any person who keeps or harbors an animal or professes to be owning, keeping or harboring an animal. Pests means birds, rabbits or rodents which damage property or have an adverse effect on the public health. Primary enclosure means any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, run, cage, compartment, pool or hutch. Private animal shelter means any facility which is used to house or contain dogs or cats, or both, and which is owned, operated or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of such animals. Sanitary means clean and free from infectious or deleterious influences. Veterinarian means a person licensed by the state to engage in the practice of veterinary medicine. Veterinary medical care facility means a facility which has the primary function of providing medical care for animals and is operated by a currently licensed veterinarian. (Code 1975, § 6-101) Cross references: Definitions generally, § 1-2. Sec. 8-2. Interfering with enforcement; obstructing enforcement officer. It shall be unlawful for any person to obstruct, hinder, delay or interfere with any police officer or animal control officer who is performing any duty enjoined upon him by the provisions of this chapter, or to break open or in any manner directly or indirectly aid, counsel or advise the breaking open of the animal shelter, any ambulance wagon, or other vehicle used for the collecting or conveying of dogs to the shelter. Any person who violates this section shall be guilty of a misdemeanor and shall be punished as provided for in classification III of section 8-25. (Code 1975, § 6-102) Sec. 8-3. Duties of police. It shall be the duty of the police of the city to enforce the provisions of this chapter and to assist the animal control officers with their enforcement efforts. (Code 1975, § 6-103) Sec. 8-4. Care of animals. (a) Required. It shall be unlawful for any person owning, keeping, harboring or otherwise in possession or control of any animal to fail to provide any or all of the following to the animal: (1) Adequate care; (2) Adequate control; (3) Adequate food; (4) Adequate health care; (5) Adequate shelter; or (6) Adequate water. (b) Responsibility of parents for animals owned by minors. Any parent, guardian or other person having custody of a minor child is deemed legally and criminally responsible for the adequate care of any animal owned by, in the control of or harbored by that minor child. (c) Penalty. Any person who violates the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided for in classification III of section 8-25. (Code 1975, § 6-104) Sec. 8-5. Dogs and cats running at large. (a) It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow the dog to run at large within the city. For the purpose of this section, any dog shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when outside of the property of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape. (b) A legally blind person using a Seeing Eye dog or a deaf person using a hearing dog in the customary manner shall be deemed to be in compliance with this section. (c) Official use of dogs by any governmental unit shall be deemed in compliance with this section. (d) If an officer finds a dog running at large in violation of this section, the officer has the authority to pick up the animal and transport it to the animal shelter or other city-designated place of impoundment. The owner or person claiming such animal shall pay an impoundment fee to the city through the police department in addition to the fees as provided for in section 8-18(e). (e) Any person owning, keeping or harboring any dog found to be running at large shall be guilty of a misdemeanor and punished, in addition to the impoundment fees, as provided for in classification I of section 8-25. (f) The owner, keeper or person harboring any female dog or cat shall, during the period that such animal is in heat or in state of estrus, keep it securely confined within an area secure from access by male dogs and cats running at large, except when out upon such person's premises briefly for toilet purposes while on a leash or otherwise effectively physically restrained and under supervision. Any person found in violation of this section shall be punished as provided for in classification I of section 8-25. (g) In the case of cats, it shall be unlawful for any person owning, keeping or harboring any cat to permit, suffer or allow the cat to run at large within the city so that the cat poses a nuisance to the neighbors or the public welfare. A cat which poses a nuisance is one which interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of property of others, or one which falls within the definitions as set forth in section 22-31. For purposes of this subsection, the term "neighbor" shall be defined as set forth in section 8-6(a)(2). Any person found in violation of this section shall be punished as provided for in classification I of section 8-25. If a cat is impounded at the animal shelter pursuant to section 8-17(a), the owner or person claiming such animal shall pay an impoundment fee to the city through the police department in addition to other fees as provided for in section 8-18(e). (h) It shall be unlawful for any person owning, keeping or harboring any dog or cat to allow the animal to injure or destroy any personal or real property of any description belonging to another person. Any person found in violation of this section shall be punished as provided for in classification I of section 8-25. The owner, keeper or person harboring any such dog or cat, in addition to the person's usual judgment upon conviction, may be made to be liable to the person so injured in an amount equal to the value of the damage so sustained. (Code 1975, § 6-105) Sec. 8-6. Excessive animal noise. (a) It shall be unlawful for any person to own or keep any animal which, by making excessive noise, disturbs a neighborhood. The following definitions and conditions shall be applicable to enforcement of this section: (1) The phrase "excessive noise" shall mean and include any noise produced by an animal which is so loud and continuous as to disturb the peace and quiet of a neighbor. (2) The term "neighbor" shall mean an individual residing in a residence structure which is within 100 yards of the property on which the animal is kept or harbored and who does in writing state that he will testify under oath to the animal making excessive noise. Nothing in this subsection shall be construed to prohibit an officer from filing a complaint for excessive noise based on his own observations and personal knowledge. (b) Any person who violates this section shall be guilty of a misdemeanor and shall be punished as provided for in classification I of section 8-25. (Code 1975, § 6-106) Cross references: Nuisances, § 22-31 et seq. Sec. 8-7. Limitation on number of dogs and cats. (a) Maximum number; exceptions. It shall be unlawful and a public nuisance for any person in charge of a residence to keep or allow to be kept more than four dogs or cats, or any combination of such animals exceeding four in number, over the age of 90 days at such residence, unless the residence or the owner of the dogs and cats kept there is within one or more of the following exceptions: (1) The residence is licensed as a commercial animal establishment; or (2) The owner of the dogs and cats over 90 days of age has applied for and received a permit to keep dogs and cats in excess of four as provided for under this section and, upon request of any officer, presents for inspection such permit. (b) Application for permit. Application for a permit as provided for under this section shall be made in writing to the animal control commission on a form furnished by the commission. Such application shall state: (1) The name and address of the owner of the dogs or cats; (2) The breed, color, age and sex of the dogs or cats; (3) Whether such dogs or cats are licensed under this chapter; (4) Whether such dogs or cats are neutered, spayed or intact; (5) Such other information as may identify the dogs or cats; and (6) Such other information as the animal control commission may require. The application shall certify to the information contained in such application under penalty of law for the willful making of any untrue statement. The application shall further state, by making and signing the application, that the applicant consents to an inspection of premises where the animals are kept. Failure to allow such inspection of premises shall result in denial of the application. (c) Issuance of permit; revocation; expiration. Upon receipt of an application for a permit provided for under this section, the animal control commission or a duly authorized representative shall investigate the premises and the manner in which the dogs or cats are kept. A permit shall be issued only if the locating and the keeping of the dogs and cats is, in the opinion of the animal control commission, such as not to be a health hazard or nuisance to the surrounding neighborhood. An attempt shall be made as a part of the application investigation to contact the neighbors, as defined in section 8-6(a)(2), in order to determine if they have any objection to the issuance of the permit. A permit issued under the provisions of this section may be revoked by the animal control commission for the violation by the holder of such permit of any provision of this section or any other applicable provision of this chapter. All permits issued under the provisions of this section shall be valid for a period of two years of their issuance. (d) Animal control commission. An animal control commission is hereby created, which shall consist of the chief of police and four members nominated by the mayor and approved by a majority vote of all members of the council. Each member of the commission except the chief of police shall serve a term of four years unless re-appointed, and shall be removable only for good and sufficient cause by the city council. The members of the commission except the chief of police shall serve without compensation, and may be required in the discretion of the city council to give a bond in a sum set by resolution of the city council, and conditioned upon the faithful performance of their duties. One member of the commission shall be the chief of police, who shall act as director of the commission. The commission shall further consist of a licensed veterinarian and three other members. The commission shall organize at the first meeting in June of each year. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the minutes and records with the city clerk, where they shall be available for public inspection at any reasonable time. The commission shall meet at such times as the city council may designate, and special meetings may be held upon the call of the director or any three members of the commission, to consider the issuance or revocation of permits. An affirmative vote of three members shall be necessary to grant or approve a permit. (e) Violations. When animals in excess of the limit established in this section are found at a residence, the owner of the animals shall have 72 hours to comply with this section. Failure to comply within 72 hours shall constitute a violation of this section and shall be punished as provided for in classification I of section 8-25. Any combination of dogs or cats in excess of four in number shall be considered one violation of this section, but each day in violation shall constitute a separate offense. (f) Review of issuance or revocation of permit. The issuance or revocation of a permit shall be reviewable by the city council upon request of any interested party. The request for the city council to review the issuance or revocation of a permit shall be in writing to the city clerk, requesting that it be included on the agenda of the next regularly scheduled meeting of the city council. In reviewing the commission's action, the city council may approve, disapprove, or take no action at all, which in the latter case shall mean that the commission's action shall stand. As part of this review process, the council shall have the power to grant or revoke a permit. (Code 1975, § 6-107; Ord. No. 3246, § 1, 7-20-99) Sec. 8-8. Dangerous animals; prohibited animals in residential areas. (a) Definitions. Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section. (1) Potentially dangerous dog means 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 with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of humans or domestic animals. (2) Dangerous dog or other dangerous animal means any dog or animal that, according to the records of the appropriate authority, has: a. Inflicted severe injury on a human being without provocation on public or private property; b. Killed a domestic animal without provocation while off the owner's property; or c. Been previously found to be potentially dangerous, the owner having received notice of such finding, and the dog or other animal again aggressively bites, attacks or endangers the safety of humans or domestic animals. (3) Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (4) Proper enclosure of a potentially dangerous dog means that, while on the owner's property, a potentially dangerous dog shall be securely confined indoors or 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. Such pen or structure shall have secure sides and a secure top, shall be securely embedded into the ground, and shall also provide protection from the elements for the dog. (5) Animal control commission means the entity provided for in section 8-7. (6) Animal control officer means any officer as defined in section 8-1. (7) Owner means any person possessing, harboring, keeping, having an interest in or having control or custody of an animal, as defined in section 8-1. (b) Determination that dog is potentially dangerous dog. If it is determined by the animal control officer, after investigation, that a dog is a potentially dangerous dog, the animal control officer shall notify in writing the owner of the dog that it has been declared a potentially dangerous dog. If the owner of the dog disagrees with the animal control officer's determination, the owner may appeal in writing to the animal control commission within ten days of receiving the notice. Upon receiving the appeal, the commission shall hold a hearing within ten days to examine the evidence concerning the determination previously made. The hearing shall be informal in nature, and the rules of evidence shall not apply, but the commission shall consider only credible and relevant evidence. The owner and animal control officer shall have the opportunity to present evidence and be heard on this matter. After the commission makes a determination and notifies the owner in writing, the owner shall have the right to further appeal the matter to the city council. The appeal must be filed with the city clerk within ten days of receiving the written notification, and the council shall hold its hearing within 30 days of such filing. The hearing shall be conducted by the mayor, or his designated agent, in the same manner as previously mentioned in this subsection, and the same procedure shall apply. The determination that a dog is a potentially dangerous dog shall be made by the concurrence of a majority of all members elected to the council. During the procedure described in this subsection, a dog declared as potentially dangerous may be impounded pursuant to section 8-17 at the owner's expense or, if the officer is assured by the owner's signed agreement of proper confinement and safeguards, and that the dog has a current rabies vaccination, the dog may be released to its owner pending a final determination. (c) Certificate of registration for potentially dangerous dog. The owner of a dog which has been declared as a potentially dangerous dog shall immediately apply for a certificate of registration from the animal control officer. A certificate of registration shall be issued by the officer if the owner presents sufficient evidence of a proper enclosure to confine a potentially dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog. A decision by the animal control officer not to issue the certificate of registration may be reviewed as provided for in subsection (b) of this section. (d) Restraint of potentially dangerous dogs. 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) Dangerous animals prohibited. The owning, allowing, keeping or harboring of a dangerous dog or other dangerous animal within the corporate limits of the city is hereby prohibited and unlawful. (f) Certain animals prohibited in residential areas. Within any residential area (for purposes of this subsection defined as any area not zoned for commercial agricultural or industrial purposes), the keeping, harboring or selling of any poisonous or venomous animal or any warm-blooded carnivorous or omnivorous animal, including but not limited to nonhuman primates, raccoons, skunks, foxes, leopards, panthers, tigers and lions, but excluding fowl, dogs, house cats, ferrets and small rodents of varieties commonly kept as household pets such as rats, mice, gerbils, guinea pigs and hamsters, is hereby prohibited. Nonpoisonous snakes shall be kept in locked escape-proof cages except when being handled. No snake shall be permitted by the owner, keeper or handler to escape from a cage or while being handled. (g) Exceptions. Dogs shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog, or has in the past been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. (h) Impoundment of dangerous animals or potentially dangerous dogs. Any potentially dangerous dog which is: (1) Not validly registered under this section; (2) Not maintained in the proper enclosure; (3) Outside of the dwelling of the owner or outside of the proper enclosure and not under physical restraint of the responsible person; or (4) Not covered by liability insurance coverage or a surety bond as required by this section; or any dangerous dog or any dangerous animal shall be immediately confiscated by an animal control officer and placed in quarantine, at the owner's cost, until ordered by the court to either return the dog to the owner or humanely kill it. The option of releasing the animal to the owner in lieu of impoundment, as provided in section 8-17 and section 8-19(a), shall not be available when the dog or animal is being confiscated and impounded pursuant to this section. (i) Violations; penalty; destruction of dangerous animals or potentially dangerous dogs. It shall be unlawful to violate any provision of this section, and such violation shall be punished as provided for in classification II of section 8-25. 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 in this section, 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. (Code 1975, § 6-108; Ord. No. 2987, § 1, 1-3-95) State law references: Dangerous dogs, R.R.S. 1943, §§ 54-617--54-624. Sec. 8-9. Control of animals in public parks. It shall be unlawful for any animal to be brought into any public park except when the animal is confined on a leash. Any exception to this section shall require a special permit to be issued by the city park department. Any person having violated this section shall be punished as provided for in classification I of section 8-25. (Code 1975, § 6-109) Cross references: Parks and recreation, ch. 38. Sec. 8-10. Horses and other large domestic animals in public parks. (a) Prohibited; exceptions. Horses and other large domestic animals, as defined in section 8-1, shall not be allowed in the public parks and recreation areas and are hereby prohibited from such areas, except for special events as designated by the public service director. (b) Penalty; liability for damage. Any person having been convicted of violating this section shall be fined in an amount not less than $25.00 and not more than $500.00. In addition, such person shall be responsible and held liable for any damage caused by a horse or other large domestic animal to the city's park and property. (Code 1975, § 6-109.01) Cross references: Parks and recreation, ch. 38. Sec. 8-11. Animal abuse. It shall be unlawful for any person to beat, ill-treat, torment, overload, overwork or cause injury or unnecessary pain to any animal. Any person found to have violated this section shall be guilty of a misdemeanor and shall be punished as provided for in classification III of section 8-25. (Code 1975, § 6-110) State law references: Cruelty, R.R.S. 1943, § 28-1008. Sec. 8-12. Animal fighting. (a) It shall be unlawful for any person to cause, instigate, stage, train or torment any animal for or permit any fight between any animal and another animal or human. Any person found to have violated this section shall be guilty of a misdemeanor and shall be punished as provided for in classification III of section 8-25. (b) It shall be unlawful for any person to attend or solicit attendance at or be an umpire, judge or other official at a fight staged between any animal and another animal or human. Any person found to have violated this section shall be guilty of a misdemeanor and shall be punished as provided for in classification III of section 8-25. (Code 1975, § 6-111) Sec. 8-13. Restrictions on sale of fowl. Fowl younger than eight weeks of age may not be sold or offered for sale in quantities of less than 25 birds to an individual purchaser. Vendors of such fowl shall provide and operate brooders or other heating devices as may be necessary to maintain the fowl in good health, and shall keep adequate food and water available to the fowl. Fowl shall not be dyed or colored or otherwise treated so as to impart to them an artificial color. It shall be unlawful to violate this section, and any person violating this section shall be punished as provided for in classification III of section 8-25. (Code 1975, § 6-112) Sec. 8-14. Killing, injuring or poisoning domestic animals. (a) Prohibited. It shall be unlawful to kill or to administer or cause to be administered poison of any sort to a domestic animal, or in any manner to injure, maim or destroy or in any manner attempt to injure, maim or destroy any domestic animal that is the property of another person, or to place any poison or poisoned food where the poison or poisoned food is accessible to a domestic animal; provided that this section shall not apply to an officer, including authorized personnel of the health department, acting within his power and duty. (b) Penalty. Any person found to have violated this section shall be guilty of a misdemeanor and shall be punished as provided by classification III of section 8-25. (Code 1975, § 6-113) Sec. 8-15. Authority to rescue animals confined in vehicle. Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by the supervisor of the animal control division, the supervisor of the animal control division is hereby authorized, with assistance from the police, to enter such vehicle and rescue such animal and impound it in accordance with section 8-17 at the city's animal shelter. A prominent written notice shall be placed in the vehicle advising that the animal has been removed under the authority of this section and impounded in accordance with section 8-17 at the city's animal shelter. (Code 1975, § 6-114) Cross references: Traffic and vehicles, ch. 50. Sec. 8-16. Abandonment. (a) Prohibited. It shall be unlawful for any owner or keeper to abandon any animal. For the purpose of this section, to abandon means for the owner or keeper to leave an animal without demonstrated or apparent intent to recover the animal or resume custody of the animal, or to leave an animal for more than 12 hours without providing for adequate food, water and shelter for the duration of the absence, or to leave an animal confined in a motor vehicle in a public place during weather conditions that endanger its life. (b) Penalty. Any person found to have violated this section shall be guilty of a misdemeanor and shall be punished as provided for in classification III of section 8-25. (Code 1975, § 6-115) Sec. 8-17. Impoundment; issuance of summons in lieu of impoundment. (a) Any animal found in violation of this chapter may be taken by any officer and impounded in the animal shelter or at a designated holding place and be there confined in a humane manner pending further action pursuant to this chapter or other law. If an owner or keeper is present and able to take control of such animal in lieu of impoundment, a summons and complaint may be issued to that person and the person may retain possession of the animal. (b) Whenever any animal is confined by authority of this chapter, it shall be the duty of the police department to release the animal to its licensed owner upon payment to the city of all applicable fees required by this chapter. If the animal is unlicensed, it shall not be released to any person until payment of the fee for licensing of the animal. (c) After the impoundment of any animal where a summons and complaint have not been issued to the owner or keeper, the animal control division shall promptly notify the owner of any licensed animal bearing a legible tag of its impoundment. No liability shall attach to the city or to the animal control division or staff for failure to give such notice if the owner of the animal is not able to be located after reasonable investigation. (Code 1975, § 6-116) Sec. 8-18. Disposition of impounded animals. (a) Holding period. Impounded animals which are not claimed by their owner shall be kept for a minimum of five days, except: (1) When given to be disposed of by an owner, keeper or harborer, in which case the animal shall be held until the next calendar day before making a disposition. The owner, keeper or harborer of the animal shall execute a waiver or release granting the animal control officer or his agent exclusive and total authority to dispose of the animal in any humane fashion, including but not limited to killing, and shall execute a release from liability associated therewith. (2) When an animal arrives at the shelter in so sick or injured condition that, in the judgment of the animal control officer or a licensed veterinarian, human compassion requires that the suffering be promptly ended. In such instance the time period shall not apply and the animal will be humanely killed to prevent needless suffering. (3) When an animal has previously been kept for a minimum of five days by the political subdivision surrendering the animal and it is certified that the animal has been held for the required length of time. (b) Disposition of animal after expiration of holding period. Whenever any animal shall remain in the animal shelter or other place of impoundment for a period longer than five days from the impounding of such animal (except those animals impounded for disease control observation, in which case the period shall begin upon the expiration of the applicable observation period), the animal shall be disposed of in a humane manner by the animal control division. (c) Unlawful disposal. No animal control officer shall dispose of any captured or impounded animal except through the procedures provided for by this chapter. No animal control officer shall hold a commercial animal establishment permit. (d) Adoption. The city may, in lieu of having an unclaimed animal killed as provided in this section, give such animal into the custody of any adult requesting adoption of such specific animal as a pet after viewing it, providing that the person agrees that he will humanely care for such animal and will not permit its use for breeding, guard, laboratory, experimental or illegal purposes. (e) Impoundment fee and boarding fee. An impoundment fee shall be charged when any animal is picked up by an officer of the city, or an agent thereof, and transported to the animal shelter or other city-designated place of impoundment. The fee for the care of any dog or cat during the period of impoundment shall be at a rate for each day or portion of a day that the dog or cat is impounded, provided that the dog or cat is impounded for less than six consecutive days or portions thereof. If a dog or cat is impounded for more than five consecutive days or portions thereof, the fee for the care during the period of impoundment shall be at a rate for each day, or portion thereof, of impoundment. Such fee shall be increased by the actual amount of any unusual expenses incurred either in the impoundment or the care of the animal. An owner or keeper must pay these fees in full to obtain custody of his animal, but such payment is not required for animal adoption by a person from another household. (f) Surrender fee. Animals impounded which come from outside the city limits shall be paid for by the owner, keeper or harborer of the animal or by the political entity from which the animal originated. In the case of voluntary surrender of an animal, as described in subsection (a)(1) or (a)(3) of this section, the owner, keeper or harborer who resides outside the city limits shall pay a surrender fee, in an amount as established by resolution of the council, for each occurrence of surrender. A resident of the city shall pay no fee in the case of voluntary surrender as provided for in subsection (a)(1) of this section. Except for animals voluntarily surrendered as provided for in subsections (a)(1) and (a)(3) of this section, for each animal which is impounded and originates from outside the city limits, if not claimed by the owner, a per-day fee in an amount set by council resolution shall be paid by the political entity from which the animal is brought, not to exceed five days per animal. (Code 1975, § 6-117) Sec. 8-19. Animal bites and disease control. (a) Dog or cat bites. (1) Any bite or wound exposing an individual to the possibility of rabies or other zoonotic disease (referred to in this subsection as an "incident") shall be immediately reported to the police by the victim, and by the owner, keeper or harborer of the dog or cat if the incident is known to him. Any such dog or cat bite which requires medical treatment shall be reported within 24 hours to the police department by the treating physician or hospital caring for the patient. (2) It shall be the duty of every owner or keeper of any dog or cat, upon receiving notice or having knowledge of the involvement of his pet in a human exposure to the possibility of rabies or other zoonotic disease by biting, to immediately place such animal in a duly licensed veterinary medical facility, the address of which must be furnished to the city's animal shelter, where such animal shall be isolated and confined for observation for ten consecutive days from and including the date of the incident. It shall be unlawful for the owner, keeper or person harboring the animal involved in such incident to release it from his custody or to hide or conceal such animal or to take or allow such animal to be taken beyond the limits of the city, unless as authorized by the police department or court, until the period of confinement and observation required in this subsection is completed. The owner or keeper of such animal involved in an incident shall be liable for the costs of confinement and observation. The death of such dog or cat or any suspicious change in the health or behavior of any such dog or cat undergoing observation shall be reported as soon as possible by the observing authority to the police department or its designate. The police department or its designate is hereby authorized to authorize confinement other than described in this subsection as it finds medically appropriate, providing such animal will be controlled and observed in accordance with the owner's signed agreement, but only if such dog or cat has been vaccinated for prevention of rabies and is duly licensed as provided by this chapter. Unless determined otherwise by the police department, an exception to the confinement required by this subsection may be granted in the following case: where a female dog is nursing unweaned puppies or a female cat is nursing unweaned kittens. (b) Bites by animals other than dogs and cats. Any bite which would, by other than a dog or cat, expose an individual to the possibility of rabies or other zoonotic disease (referred to in this subsection as an "incident") shall be immediately reported to the police by the victim, and by the owner, keeper or harborer of the animal if the incident is known to him. Any animal bite which requires medical treatment shall be reported within 24 hours to the police department by the treating physician or hospital caring for the patient. It shall be unlawful for the owner, keeper or person harboring the animal involved in such incident to release it from his custody or to hide or conceal such animal or to take or allow such animal to be taken beyond the limits of the city unless so authorized by the director of health or chief of police until an observation period stipulated by the director of health or chief of police for the particular species of animal is over or such period is ruled unnecessary by the director of health. It shall be the duty of each owner or keeper, upon receiving notice of an incident, to immediately place the animal involved in a duly licensed veterinary medical facility, the address of which must be furnished to the director of health or police department at once, or in the city's animal shelter, where such animal shall be isolated and confined for observation. The owner or keeper of an animal involved in a biting incident shall be liable for the cost of confinement and observation. The death of any such animal or any suspicious change in the health or behavior of any such animal undergoing observation shall be reported immediately by the observing authority to the director of health or chief of police or his designated representative. If a proper period of observation is undetermined or undeterminable for the species of animal involved in an incident, the director of health is hereby empowered to order whatever laboratory examination of the animal or animal's tissues is required by prudent medical practice for the protection of the victim, and no liability for damages shall arise from any injury to or death of the animal occasioned by such laboratory examination. When an animal involved in an incident is outside the city, the director of health or the city shall forward information concerning the incident to the appropriate authority of the jurisdiction of residence of the owner, keeper or harborer or the appropriate state health department for coordinated disease prevention. (c) Authority to kill animals that cannot be safely captured; delivery of remains to director of health or police department. If any dangerous, fierce or vicious dog, cat or other animal believed involved in an incident (as the term "incident" is used in subsections (a) and (b) of this section) cannot be safely captured or prevented from escaping by usual means, such animal may be slain by an officer. In all cases where such animal may have exposed a person to rabies and is slain before the completion of the observation period stipulated for the species by the director of health, it shall be the duty of the person slaying such animal to forthwith deliver, or cause to be delivered, all the remains of such animal, including the undamaged head, to the director of health or police department. A departure from this procedure must be requested of an authorized person by the director of health. (d) Impoundment and observation of animals in transit through city. For the purpose of disease or injury control, the director of health is hereby empowered to impound and observe animals in transit through the city at the request of any official animal control agency, health officer or law enforcement agency of another jurisdiction. (e) Declaration of disease control emergency. If the director of health, along with the chief of police, determines that a rabies or other zoonotic disease control emergency exists, he shall so declare, stating the boundaries of the affected area, and he is hereby empowered to issue emergency regulations and take all necessary steps within the provisions of this chapter and state law to abate the threat. Such emergency steps and regulations shall be in effect only during the period of the declared emergency. (f) Removal of animal droppings. The owner or keeper of every animal, when such animal is off the property controlled by the owner or keeper, shall be responsible for the removal of any fecal material before taking an animal from the immediate area where such excretion occurred. Failure to remove such fecal material shall result in a violation of this subsection. Any person who violates this subsection shall be punished as provided for in classification I of section 8-25. (g) Disposal of dead animals. (1) The police department or its authorized agent shall be responsible for the removal of all dead animals found within the city, except as otherwise provided in this section. As used in this section, the term "dead animal" shall mean one not killed for food or no longer fit for food. The actual cost of such removal shall be paid by the owner. (2) All large dead animals shall be removed and legally disposed of by the owner or proprietor of the premises within 12 hours after the death of such animal. If not so removed, such animal shall be removed at actual cost to the property owner or proprietor. (3) On occupied property, the owner or the tenant thereof shall provide easy access to the subject animal for purposes of its removal. No person owning or having in his possession the carcass of any animal not to be used for food shall permit the carcass to remain in or upon any street, sidewalk, park, public ground, private lot or other place without at once giving notice to the director of health. (4) Burial of animals shall only be permitted at pet cemeteries and licensed landfills. (Code 1975, § 6-118) Sec. 8-20. Permit for elimination of pests. The police department is hereby authorized to issue a permit for the elimination of squirrels, starlings or pigeons to any owner or owner's authorized agent, lessee or tenant of real estate in the city frequented by squirrels, starlings or pigeons in numbers the city believes to be sufficient to create a public nuisance on such real estate. In cases where such public nuisance exists in a district of the city, such permit may be issued to a duly licensed pest control or exterminating company for such district, which shall be defined on such permit. No permit shall be issued for a longer period than 30 days. Retention of any such permit shall be conditioned upon continued compliance with advisory instructions issued and regulations adopted by the director of health dealing with such activity, which regulations the director of health is hereby authorized and directed to promulgate and to adopt by filing such regulations with the health department. Such regulations shall govern the elimination and disposal of squirrels, starlings and pigeons and shall be designed to ensure humane and sanitary methods for such elimination and disposal and for the protection of human health. (Code 1975, § 6-119) Sec. 8-21. Allowing animal to run at large; tethering animal on public way; distance of animals from residences. (a) It shall be unlawful for any person owning, keeping or harboring a horse, mule, cow, sheep, goat, swine or fowl or any other animal to allow or to permit the animal to be herded or to run at large on any of the public ways and property, or upon the property of another, or to be tethered or staked out in such a manner so as to allow such animal to reach or pass into any public way, within the corporate limits of the city. (b) It shall be unlawful for any person owning, keeping or harboring any horse, mule, cow, sheep, goat, swine or other animal to keep or maintain the animal within 100 feet of any part of any building used by another as a residence or place of dwelling, which building is located in a residential district of the city as established by chapter 56. For purposes of this subsection, the term "other animals" shall not include rabbits or animals required by this chapter to be vaccinated against the rabies virus. It shall be unlawful for any person owning, keeping or harboring any rabbit to keep or maintain the rabbit within 15 feet of any part of any building used by another as a residence or place of dwelling, which building is located in a residential district of the city as established by chapter 56. It shall be unlawful for any person owning, keeping or harboring any fowl to keep or maintain the fowl within 25 feet of any part of any building used by another as a residence or place of dwelling, which building is located in a residential district of the city as established by chapter 56. (Code 1975, § 6-120; Ord. No. 2984, § 1, 11-1-94) Sec. 8-22. Commercial animal establishments. (a) License required; fee. It shall be unlawful for any person to conduct or operate a commercial animal establishment within the city without first having secured a license for the current year from the city clerk and having paid the occupation tax assessed against commercial animal establishments. The license fee shall be established per licensing year. The commercial animal establishment operator shall not be required to obtain a license for each individual dog lawfully kept in the establishment after the issuance of the license. The owner or operator shall operate a licensed commercial animal establishment only during the continuance of the existence of the license and subject to all rules and regulations of this Code. (b) Inspection; contents of license; minimum square footage of dog kennels. Upon application to the animal control commission for a commercial animal establishment license, the commission or its designated agent shall make an inspection of the proposed site of the establishment to ensure that the site is sanitary and can be maintained in a sanitary condition, and that the site will provide shelter from the elements for the animals. The license shall state the name of the person licensed to operate such establishment, the maximum number of animals that may be kept, and the location of the establishment. All dog kennels shall contain a minimum square footage of 100 square feet per dog. (c) Penalty. Any person found to have violated this section shall be guilty of a misdemeanor and shall be punished as provided for in classification I of section 8-25. (Code 1975, § 6-121) Cross references: Businesses, ch. 14. Sec. 8-23. Rabies vaccination for dogs and cats. (a) Required; payment of costs. All dogs over four months of age must be vaccinated against rabies. Young dogs shall be vaccinated within 30 days after they have reached four months of age. Unvaccinated dogs acquired or moved into the city must be vaccinated within 30 days after arrival or purchase, unless under four months of age as specified in this subsection. Each dog shall be revaccinated following a period of not more than 36 months since its last vaccination. All cats over four months of age must be vaccinated for rabies. An annual revaccination is required on cats. Rabies vaccines used must meet the requirements of the current compendium of animal rabies vaccines and R.R.S. 1943, § 71-4402(2). The cost of the rabies vaccination shall be borne by the owner of the dog. (b) Issuance of certificate of vaccination and tag. It shall be the duty of each veterinarian, at the time of vaccinating any dog or cat, to complete a certificate of rabies vaccination, which shall include but not be limited to the following information: (1) The owner's name and address; (2) A description of the dog or cat, including the breed, sex, markings, age and name; (3) The date of vaccination; (4) The rabies vaccination tag number; (5) The type of rabies vaccine administered; and (6) The manufacturer's serial number of the vaccine. The veterinarian shall issue a tag with the certificate of vaccination. (c) Exceptions. The provisions of subsection (a) of this section with respect to vaccination shall not apply to any nonresident owner or keeper of a dog or cat while such nonresident is passing through the city, provided that such dog or cat shall remain on leash or otherwise physically restrained as provided for elsewhere in this chapter. Dogs and cats of nonresidents need not be licensed during dog or cat shows or exhibitions; however, proof of rabies vaccination shall be presented by the owner or keeper upon demand, and failure to do so shall constitute a violation of this section. (d) Possession of certificate of vaccination; wearing of collar and tag. The owner or keeper of a dog or cat shall keep in his possession the certificate of rabies vaccination as proof of the vaccination. Further, the tag of rabies vaccination shall be attached to the harness or collar of the dog or cat at all times. No person shall remove, or cause to be removed, the collar, harness or rabies tag from any dog or cat without the consent of the owner or keeper. (e) Impoundment of animals without proof of vaccination. Any dog or cat found outside the owner's or keeper's premises whose owner does not possess a valid certificate of rabies vaccination and a valid rabies vaccination tag for such dog or cat shall be impounded. All impounded dogs and cats shall be given proper care, treatment and maintenance. Each impounded dog or cat, except as provided for in section 8-18(a)(1) and (2), shall be kept at the animal shelter for a period of not less than five days unless reclaimed earlier by the owner. Notice of impoundment of all animals, including any significant marks of identification, shall be posted at the shelter as public notification of impoundment. Any unvaccinated dog or cat may be reclaimed by its owner during the period of impoundment by payment of the prescribed impoundment fees and by complying with the rabies vaccination requirements within 72 hours of release. Any vaccinated dog or cat impounded because its owner has not presented a valid certificate of rabies vaccination and a valid rabies vaccination tag for such dog may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release. (f) Violations; penalty. It shall be unlawful for any person to fail to have his dog or cat vaccinated for rabies as required by this section, to fail to affix or attach the valid rabies vaccination tag to the animal's collar or harness, to fail to possess and present proof of valid and current rabies vaccination, or to violate any of the provisions or requirements of this section. Failure of a owner of a dog or cat to present to an officer, upon demand, the valid rabies vaccination certificate and valid rabies vaccination tag shall constitute prima facie evidence in the appropriate court of law that the dog or cat is not properly vaccinated and that the requirements and provisions of this section have been violated. Any person found to have violated this section shall be punished as provided for in classification I of section 8-25. (Code 1975, § 6-122) Sec. 8-24. Adoption fee and procedure; impoundment or euthanasia fees; disposition of fees. (a) In accordance with section 8-18(d), it is the city's policy to encourage and promote the adoption of unclaimed impounded animals. Upon selection of a dog or cat for adoption, but prior to delivery of custody of the animal, the city shall collect an adoption fee and issue a receipt for such fee, which shall constitute a temporary permit to keep the animal without license or tag for ten days if it is over four months old or for ten days after the animal becomes four months old. (b) The adoption fee for a dog shall be in accordance with the current fee schedule, of which the person adopting the dog shall receive a partial credit towards neutering and a partial credit towards rabies vaccination, if done within six months. Upon presentation of the adoption fee receipt to the veterinarian, the veterinarian shall credit the person's bill as set forth in this subsection. The veterinarian shall than make claim to the city for reimbursement of such amounts. The procedure shall be the same for the adoption of cats, except the adoption fee. The neutering credit and the rabies credit shall be in accordance with the latest approved fee schedule. (c) The owner of any animal which is impounded or destroyed under this chapter shall be held responsible for payment of the boarding fees, impoundment fees, the expense incident to the impoundment for observation or the cost of euthanization. Failure to pay such fee or expense to the city shall constitute an offense. (d) The owner of the dog or cat or the person responsible for the dog or cat must sign a statement indicating that within 72 hours of the release of the animal, the person shall have obtained the required rabies vaccination pursuant to this chapter. Failure to obtain the required rabies vaccination within 72 hours after release from impoundment shall constitute a separate offense. (e) All shelter, adoption or impoundment fees or any other moneys received by the police department or its designated agents in enforcing the provisions of this article shall be subsequently deposited by the police department with the city clerk. (Code 1975, § 6-123) Sec. 8-25. Penalties. For purposes of this chapter, violations are divided into three classifications, which are distinguished from one another by the following penalties which are authorized upon convictions: (1) Classification I: a. First offense . . . $ 50.00 b. Second offense . . . 100.00 c. Third offense . . . 200.00 d. Fourth offense and all subsequent offenses . . . 300.00 (2) Classification II: a. First offense . . . 50.00 b. Second offense . . . 100.00 c. Third offense and all subsequent offenses . . . 300.00 (3) Classification III: a. Maximum three months in jail, or $500.00 fine, or both. b. Minimum $25.00 fine. (Code 1975, § 6-124; Ord. No. 3162, § 1, 5-5-98) Omaha, Nebraska Municipal Code City of Omaha Nebraska Chapter 6 ANIMALS* __________ *Editor's note: Ord. No. 36463, § 2, adopted Dec. 16, 2003, amended ch. 6 in its entirety. Formerly, said chapter pertained to similar subject matter as enacted by Code 1980, §§ 6-1--6-326, as amended. Cross references: Stockyards, slaughterhouses and other objectionable businesses, § 11-3; health and sanitation, ch. 12; nuisances, ch. 18; prohibited treatment of police dogs and police horses, § 20-27; animals at large in parks, § 21-5. State law references: Regulation of animals, R.R.S. 1943, §§ 14-102(11), 14-102(16). __________ Article I. Animal Control Officers Article II. Enforcement Article III. Impoundment Article IV. General Article V. License Dogs and Cats Article VI. Kennel/Cattery Article VII. Dogs/Cats Article VIII. Rabies Control Article IX. Pet Shops Division 1. Generally Division 2. License Article X. Livestock Division 1. Generally Division 2. Permit Article XI. Mini-Pigs Division 1. Generally Division 2. Licenses ARTICLE I. ANIMAL CONTROL OFFICERS Sec. 6-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them: Adequate drainage: That the living area for each animal being kept confined or restrained shall have adequate drainage such that the animal shall be free to walk or lie down without coming in contact with standing water or other liquid. Animal care professional: Veterinarian, Veterinary Technician, Veterinarian Staff Assistant, kennel operator/staff, shelter operator/staff, breeder. Animal control authority: The entity with whom the city contracts for enforcement of this chapter. Animal control officer: The person employed by the authority for the enforcement of the provisions of this chapter. Animal rescue: An entity or person(s) who: Provides care or fosters pet animals that have been lost, abandoned, surrendered or otherwise disowned; trains, alters (spay/neuter), vaccinates, rehabilitates or otherwise treats rescued pet animals to bring them into adoptable condition; finds suitable adoptive homes for rescued pet animals; provides assistance to insure the permanent welfare of the adopted pet; and educates the public regarding the scope of animal rescue activities and pet animal owners to prevent abandonment. An animal control authority is not an animal rescue, for purposes of this chapter. At large: A dog or mini-pig shall be deemed to be at large, running at large or permitted to run at large when off or away from the premises of the owner, possessor or keeper thereof or not under the control of such owner, possessor or keeper, or other responsible person, either in a receptacle, in an enclosed automobile or on a leash, cord or chain, except in a dog park recognized by the city. Cat: A Felis Domesticus. City: The area within the corporate limits of the city and the area within three miles of the corporate limits thereof. Commercial kennel/commercial cattery: Any person engaged in the commercial business of breeding, buying, selling or boarding dogs or cats or who owns, harbors or keeps four or more dogs and/or six or more cats and does not possess a pet animal avocation permit. Dog: A Canis Familiaris. Foster pet animal: A lost, abandoned, surrendered or otherwise disowned pet animal which is being brought into adoptable condition by an animal rescue. Livestock: Any horse, bovine, swine, sheep, goat, mule, donkey or burro, chicken, turkey, duck, goose, guinea, pea fowl, swan or other animal or fowl commonly kept for commercial or agricultural purposes as permitted by this Code and which is a member of a species or breed not ordinarily found in the wild. Mini-pig: A pure-bred animal of the species Sus scrofa bittatus, commonly known as the Vietnamese potbellied pig. Nondomestic animal: Any animal other than a pet animal, agricultural animal; any animal, which has reverted to a wild state, a wolf hybrid animal, or any other hybrid animal. Owner: Any person owning, keeping, possessing, harboring or knowingly permitting an animal to remain on or about any premises occupied by that person. In the event that the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of these ordinances are complied with. Pet animal: Any domestic dogs, domestic cats, mini-pigs, domestic rabbits, domestic ferrets, domestic rodents, birds except those defined as agricultural animals and specifically including any birds possessed under a license issued by the State of Nebraska and/or the United States Fish and Wildlife Service, non-lethal aquarium fish, non-lethal invertebrates, amphibians, turtles, non-venomous lizards that will not grow to more than five feet in length at maturity, nonvenomous snakes that will not grow to more than eight feet in length at maturity, or such other animals as may be specified and for which a permit shall be issued by the authority after inspection and approval; provided, however, that any animal forbidden to be sold, owned, or possessed by federal or state law is not a pet animal. Pet animal avocation. The care, breeding, showing or sale of dogs or cats by a competent adult person who is registered with the authority and who shall own, keep, harbor or maintain four or more dogs but no more than five dogs total and/or six or more cats but no more than eight total dogs and/or cats four months of age or older on the lot on which he or she resides or on a contiguous lot, which lot or lots are not zoned for business. Pet shop: Every place or premises where pet animals are kept for the purpose of sale at either wholesale or retail, import, export, barter, exchange, or gift as pets. Racetrack: A facility used for the purpose of racing animals and maintaining and housing animals used in official connection therewith. Stray: Any pet animal that a reasonable person believes is unclaimed by its owner or keeper; and for purposes of this definition the terms "reasonable person" forms an objective standard. Temporary/temporarily: Any continuous period not to exceed 30 days. (Ord. No. 36463, § 2, 12-16-03; Ord. No. 36690, § 1, 7-13-04) Sec. 6-2. Appointment. The director of the authority is hereby authorized to appoint and designate certain of the properly trained employees of the authority as animal control officers. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-3. Identification. Those persons appointed as animal control officers shall be furnished with appropriate identification which shall be carried by them on their person during the performance of their duties. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-4. Duties. Each animal control officer is hereby authorized and it shall be his duty to issue written notices, impound animals, investigate violations, issue citations, to obtain search warrants and orders of impoundment and seize and control evidence as provided in this chapter whenever any person is found in violation of any of the provisions therein enumerated. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-5. Authority restricted. The provisions of this article shall not be construed as granting or establishing in animal control officers the powers or authority of a peace officer, and such animal control officers shall be strictly limited to the authority provided for in this chapter when acting in the capacity of animal control officers. (Ord. No. 36463, § 2, 12-16-03) Secs. 6-6--6-20. Reserved. ARTICLE II. ENFORCEMENT Sec. 6-21. Authority of chief of police. The enforcement of the provisions of this chapter shall be under the general direction and supervision of the chief of police. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-22. Designation of animal control authority. The mayor and council shall enter into a contract with an authority or other like institution, for the purpose of carrying out the provisions of this chapter in the city. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-23. Enforcement by animal control authority. It shall be the duty of the authority and such other health and law enforcement authorities designated under this chapter to enforce this chapter in the city. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-24. Animal shelter. The authority shall establish an animal shelter and maintain the same. The shelter shall be maintained in some convenient location, and shall be sanitary, heated, ventilated and lighted. The kennels shall be kept open during such hours as shall be provided by the contract. The hours of the shelter and the kennels shall be open and shall be posted on the main entrance. The authority may utilize alternative facilities for the care of animals in the event that the authority is unable to provide necessary care at the shelter. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-25. Obstructing enforcement. No person shall hinder, delay, interfere with or obstruct the authority or any of its assistants while engaged in capturing, securing or taking to the shelter any animal to be impounded, or shall break open or in any manner directly or indirectly aid, counsel or advise the breaking open of any shelter ambulance, wagon, or other vehicle used for the collecting or conveying of animals to the shelter, or shall remove or cause to be removed any animal from the shelter, ambulance or any vehicle used for collecting or conveying animals to the shelter without permission of the authority, or shall in any way interfere with, hinder or obstruct the authority or any of its assistants in the performance of their duties as required by law. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-26. Citation for violation. (1) Whenever any person is alleged to have violated any of the provisions of section 6-71, 6-74, 6-103, 6-107 through 6-113, 6-127, 6-128, 6-147, 6-148, 6-150, 6-201, 6-206, 6-207, 6-208, 6-262, 6-303, 6-304, 6-306, 6-323, 6-328 through 6-331, 6-334 of this Code, he may, under such conditions as may be prescribed by the court, execute a waiver of appearance and plea of guilty by signing, completing and complying with the cited item or items on a waiver form provided by the county court. At the time of such waiver and plea of guilty, he must pay the penalties and costs fixed by the court for the violation or violations charged, in order to avail himself of the benefits herein provided. (2) At the time of the commission of the alleged violation, the accused shall be served with a printed notice requiring him to make such appearance on or before the date specified thereon, provided he chooses not to execute a waiver of appearance and plea of guilty, and it shall apprise him that, upon neglect, refusal or failure to do so, a warrant shall be issued for his arrest; that he must appear at said court during the hours fixed by the judges of the county court as shown on said notice; of the violation or violations charged against him; and of the schedule of penalties for the violations committed. Whenever any person refuses, neglects, or fails to comply with any of the requirements of this section as herein provided, a warrant shall be issued for his or her arrest, and he or she shall be denied the benefits of any of the provision thereof, and shall be held for trial in the county court for the offense or offenses charged, in all respects the same as if this section were not in existence. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-27. Nondomestic animal removal; fee. Any landowner may request the authority to remove a nondomestic animal from his or her private property. There shall be no fee for the first three such removal requests in any one calendar year. The fee for any subsequent removal requests within the same calendar year shall be $10.00 per request. (Ord. No. 36463, § 2, 12-16-03) Secs. 6-28--6-40. Reserved. ARTICLE III. IMPOUNDMENT Sec. 6-41. Authority of animal control authority. The authority may seize and impound, subject to the provisions of this article, any animals found in violation of the provisions of this chapter within this city, whether such animal shall be in the immediate presence of its owner or custodian or otherwise. Any animals seized or impounded, subject to the provisions of this article, may, at the discretion of the authority be examined and/or treated by a licensed veterinarian. If it is determined by a veterinarian acting for the authority that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the authority to be humanely disposed of as the authority deems appropriate. Costs of examination, treatment, euthanasia, and/or other care shall be the responsibility of the owner. If the authority reasonably believes that a violation of this chapter has occurred, the authority is hereby authorized and empowered to seek a search warrant from the appropriate court to enable the authority to enter private property in order to inspect, care for, or impound animals found to be in violation of this chapter. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-42. Notice of impoundment. The authority, within 24 hours of taking custody of an animal under this chapter, shall take reasonable steps to provide written notice of the impoundment to the owner of the animal by either posting a notice of the impoundment at the location where the animal was seized or by delivering a copy of such notice to a person of suitable age on the owner's property. If the owner's identity is not known, then the authority is not required to take any other steps except post notice in the location of the impoundment. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-43. Impoundment by persons other than the animal control authority--Authorized; notification of animal control authority. It shall be lawful for any person to take up any animal found in violation of the provisions of this chapter; provided that said person shall immediately notify the authority of the same and, further provided that no other local or state law or ordinance is violated in taking such action. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-44. Same--Information required. The authority may not receive any animal into the animal shelter from any person unless such person shall leave his full name and place of residence, which shall be registered and kept by the authority. It shall be unlawful for any person to give any false information or statement concerning the owner, keeper, or harborer of any animal, or concerning any animal brought into such shelter or impounded therein. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-45. Cruelty to animals; right of entry of city officials; costs; dispositions of animal. Any duly authorized public health official, law enforcement official, or animal control officer may seek a warrant from the appropriate court to enable him or her to enter private property in order to inspect, care for or impound animals which show signs of animal neglect or animal abuse. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of this act has occurred. Each affidavit shall be accompanied by a sworn statement from any person filing a complaint of improper care with the appropriate agency. All animals impounded pursuant to such warrant or any other order of the court shall be: (1) Placed in the care or custody of a veterinarian, or the authority ; or (2) If it is determined by a veterinarian acting for the authority that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the authority to be humanely disposed of as the authority deems appropriate. The owner or custodian of an animal impounded pursuant to this section shall be liable for the reasonable cost of the care and maintenance of the animal as set by the council pursuant to section 6-50, during the period of impoundment. Such costs shall be a lien upon the animal; and the authority may refuse to release such animal at the end of the legal proceedings until such costs have been paid. If a person is adjudicated guilty of the crime of animal neglect, animal abuse or animal fighting and the court having jurisdiction is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, its disposition shall be determined by the court. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-46. Impoundment and disposal of abandoned, neglected, cruelly treated animals. Any animal found abandoned, neglected, cruelly treated or in such a condition as to constitute a direct and immediate threat to its life, safety or health may be impounded immediately by the authority for a period of 72 hours. If it is determined by a veterinarian acting for the authority that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the authority to be humanely disposed of as the authority deems appropriate. The court may order the impoundment of such animal beyond such 72-hour period if the animal is in such a condition as to constitute a direct and immediate threat to its life, safety or health or as the court otherwise deems appropriate for the health and safety of the public. Any person who owns, keeps, harbors, maintains, or controls any animal involved in such impoundment shall pay all expenses, including shelter, food, veterinary expenses, boarding, or other expenses, necessitated by the impoundment of the animal for the protection of the public and other expenses as may be required. The authority may require such person to pay, prior to the expiration of ten days after the date of impoundment, an amount sufficient to pay all reasonable expenses incurred in caring and providing for the animal, including estimated medical care, for 30 days, inclusive of the date on which the animal was impounded. If such payment is not made prior to expiration of this ten-day period, the animal shall become the property of the authority to be disposed of as the authority deems appropriate. Such payment will be required for each succeeding 30-day period. If any such payment is not made prior to the end of each succeeding 30-day period, the animal shall become the property of the authority to be disposed of as the authority deems appropriate. The amount of the payment shall be determined by the authority based on the current rate for board at the animal shelter and the condition of the animal after examination of the animal by a veterinarian acting for the authority. Any such payment received by the authority in excess of the amount determined by the authority to be due for the board and care of the animal shall be refunded by the authority upon expiration of the order of impoundment. Notwithstanding the foregoing, if the owner or custodian is found not guilty of animal neglect or cruelty, the owner or custodian shall only be required to pay the veterinary expenses and one-half of the board and care fees determined by the authority to be due. Notwithstanding the foregoing, if it is determined by a veterinarian acting for the authority that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the authority to be humanely disposed of as the authority deems appropriate. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-47. Animals impounded for reasons beyond the control of the owner. Animals impounded for reasons beyond the control of the owner, including, but not limited to, house fire, death of the owner, arrest of the owner, or victim of crime, will be held for 72 hours during which time the authority shall make reasonable efforts to contact the owner and/or his representative. After 72 hours of impoundment, the animals will become the property of the authority. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-48. Reclaiming an animal. A person may reclaim an animal in the custody of the authority upon providing the following: (a) Proof of ownership, and (b) Payment of impoundment and board fees and any other service/medical fees, as approved by the authority. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-49. Unclaimed animals become the property of the animal control authority. The authority shall hold any stray or at large animal for 72 hours from time of impoundment. If such animal remains unclaimed at the end of the 72-hour period then the animal becomes the property of the authority. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-50. Fees. The following fees shall be charged for the impoundment of any animal under the provisions of this article: (a) First redemption . . . $35.00 (b) Second redemption . . . 70.00 Within 12 months of the first redemption (c) Third redemption . . . 140.00 Within 12 months of the first redemption (d) Subsequent redemptions . . . + $50.00 or each additional impoundment within 12 months of the first redemption. Whenever any animal is impounded, an additional fee, not to exceed $13.00 per day, or as may be amended from time to time by the council by resolution, shall be charged for each day, or fraction thereof, of impoundment for feeding and caring for such animal. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-51. Return of licensed and vaccinated dog, cat or mini-pig to owner. The authority may return any currently licensed dog, cat or mini-pig to the owner thereof if the owner may be immediately ascertained and found and if it is the first offense during the current licensing year; provided that owner shall sign a receipt for said animal and that such animal is currently vaccinated against rabies, or otherwise properly vaccinated as required by this chapter. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-52. Return of unlicensed and unvaccinated dog, cat or mini-pig to owner. Any unvaccinated dog, cat or mini-pig may be reclaimed by its owner during the period of impoundment by payment of prescribed shelter fees and by complying with the licensing and rabies vaccination requirement or other vaccination requirement of this chapter within 72 hours of release. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-53. Reports. The authority shall file such reports of activities under the provisions of this article, under oath, as required by the city. (Ord. No. 36463, § 2, 12-16-03) Secs. 6-54--6-70. Reserved. ARTICLE IV. GENERAL Sec. 6-71. Female animals in season. No person owning, keeping or harboring a female animal in season shall house such animal in a way which results in attracting other animals to linger about the premises and cause a nuisance. (Ord. No. 36463, § 2, 12-16-03) Sec. 6-72. Cruelty to animals. Cruelty to animals shall be prohibited within the city. (1) Physical abuse. It shall be unlawful for any person to willfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club, or other object; mutilate, burn, or scald with any substance, or otherwise cruelly set upon any animal, except that reasonable force may be employed to drive off vicious or trespassing animals. (2) Physical mistreatment. It shall be unlawful for any person to knowingly, intentionally, or negligently cause or allow any animal to endure unreasonable or unjustifiable pain, suffering, or injury. (3) Care and maintenance. It shall be unlawful for any person keeping or harboring any animal to fail, refuse, or neglect to provide such animal with proper food, drink, shade, shelter, physical maintenance and veterinary care. Proper food, drink, shade, shelter, physical maintenance and veterinary care shall require: (a) That each animal shall at suitable intervals and at least once every 24 hours, receive a quantity of wholesome foodstuff suitable for the species' physical condition and age, sufficient to maintain an adequate level of nutrition for the animal; (b) That each animal shall have available at all times an adequate supply of clean, fresh, potable water. If water pans or dishes are used, such pans or dishes shall have weighted bottoms or be mounted or secured in a manner that prevents tipping; (c) That each animal shall have convenient access to shelter throughout the year. Any shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and shall be of sufficient size to permit the animal to enter, stand, turn around, and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, excessive ammonia levels, or which does not provide adequate ventilation or drainage, shall not comply with this section. The shelter and any space accessible to the animal and all bedding for the animal shall be maintained in a manner which keeps the animal reasonably clean, dry, comfortable, and at an appropriate temperature and minimizes the risk of the animal contracting disease, being injured or becoming infested with parasites; (d) That each animal shall receive care and medical treatment for debilitating injuries, parasites, and disease, sufficient to maintain the animal in good health and to minimize suffering; (e) That no animals shall be hitched, tied or fastened by any rope, chain or cord that is directly attached to the animal's neck. Animals that must be tied, hitched or fastened to restrain them must wear a properly fitted collar or harness, not of the choker type, provided that the proper use of choker collars in the training of animals shall not be prohibited. The tying device shall be attached to the animal's collar or harness and shall be at least ten feet in length. (f) That any enclosure in which an animal is kept shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition. When a dog is confined outside a residence, the following minimum space requirements shall be used: TABLE INSET: Size of Dog Pen Size (Square Feet) Extra Large (over 26 inches at withers or over 75 lbs.) 48 Large (over 20 inches and up to 26 inches at withers or not over 75 lbs.) 40 Medium (over 12 inches and up to 20 inches at withers Or not over 50 lbs.) 32 Small (12 inches or less at withers or not over 20 lbs.) 24 An additional 16 square feet shall be required for each dog sharing the pen with another. The minimum pen size includes a shelter. (4) Leaving animals in unattended vehicle. It shall be unlawful for any person to place or confine or allow such animal to be confined in such a manner that it must remain in a motor vehicle or trailer under such conditions or for such periods of time as may endanger the health or well-being of the animal due to heat, lack of food or water, or any circumstances which may cause suffering, disability, or death. (5) Abandonment of animals. It shall be unlawful for any person to abandon any animal within the city. Abandonment shall mean leaving an animal for a period in excess of 24 hours without appropriate provisions having been made for the feeding, watering, and care of such animal. If an animal is restrained or confined out of doors without food, water, or proper care, the authority may enter upon any such property where the animal is restrained or c | 
