It shall be unlawful for the owner, keeper or harborer of any animal, or any person having the charge, custody or control thereof, to permit a horse, mule, cow, sheep, goat, swine or other animal to be drive or 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 as to allow such animal to reach or pass into any public way.

(Neb. RS 17-547; 1999 Code, § 6-201; Ord. 781; Ord. 795; Ord. 859)

(A)  Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abandon.  To leave any animal for any length of time without making effective provision for its food, water or other care as is reasonably necessary for the animal’s health.

Animal. Any vertebrate member of the animal kingdom, except humans. The term shall not include an uncaptured wild creature.

Cruelly Mistreat.  To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald or otherwise set upon any animal.

Cruelly Neglect.  To fail to provide any animal in one’s care, whether as owner or custodian, with food, water or other care as is reasonably necessary for the animal’s health.

Humane Killing.  The destruction of an animal by a method which causes the animal a minimum of pain and suffering.

Law Enforcement Officer. Any member of the Nebraska State Patrol, any county or deputy sheriff, any member of the police force of the municipality or any other public official authorized by the municipality to enforce state or local animal control laws, rules, regulations or ordinances.

(B)  Law enforcement officer; powers; immunity.

(1)   Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for or impound the animal.

(2)   Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed by law.

(3)   Any law enforcement officer acting under this section shall not be liable for damages to property if such damage is not the result of the officer’s negligence

(C)  Penalty. A person commits cruelty to animals if he or she abandons, cruelly mistreats or cruelly neglects an animal.

(Neb. RS 28-1008, 28-1009, 28-1012; 1999 Code, § 6-202:204; Ord. 781; Ord. 795; Ord. 859)

All pens, cages, sheds, yards or any other area or enclosure for the confinement for animals and fowls not specifically barred within the corporate limits shall be kept in a clean and orderly manner so as not to become a menace or nuisance to the neighborhood in which the said enclosure is located.

(1999 Code, § 6-205; Ord. 781; Ord. 795; Ord. 859)

(A)  It shall be unlawful for any person or persons to own, keep or harbor any dangerous animal with the corporate limits of the city, except that this section shall not be construed to prohibit a public zoo, circus, humane society or carnival from displaying dangerous animals as exhibits, or to prohibit any wild  life rescue organizations with appropriate permits  from the Nebraska Game and Parks Commission from rehabilitating or sheltering dangerous animals.

(B)  It shall be unlawful for any person or persons to sell, give away, transfer or import into the city, any dangerous animal as defined in this section, excluding a public zoo from doing business with another public zoo.

(C)  In the event that any law enforcement officer determines a dangerous animal is being owned, kept or harbored by any person in violation of this section, said law enforcement officer may have such person or persons prosecuted for such violation and shall order such person or persons to remove said dangerous animal from the city, or destroy it. Such order shall be contained in a written notice to remove or destroy the dangerous animal within ten days of receipt of said notice and shall be delivered in person or by certified mail, return receipt requested. If the owner or person keeping or harboring such unusual animal after the expiration of ten days from receipt of said notice, and no appeal taken to the Mayor and City Council, the law enforcement officer shall have such dangerous animal destroyed.

(1999 Code, § 6-206; Ord. 781; Ord. 795; Ord. 859)

For the purpose of §§ 90.04 through 90.07, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Dangerous Animal. Any animal which is not naturally tamed or gentle, or which is of a naturally wild disposition, or which is capable of inflicting serious injury upon or killing human beings and having known tendencies, individually or as a species, to do so, or which because of its size or other characteristics would constitute a danger to human life or property, including any dog which has, without provocation, bitten any human within the prior 12 months, unless such dog is confined behind a fence from which it cannot escape or is securely chained, in the back of the owner’s property, in such a manner that the dog cannot range within five feet of the property line of the owner or within ten feet of the public sidewalk, and also including, but not limited to, the following animals which shall be deemed to be dangerous per se: bears, wolves, lions, ferrets, poisonous snakes and spiders, alligators, crocodiles, anacondas, pythons, boa constrictors and piranhas.

Law Enforcement Officer. Any member of the State Patrol, the County Sheriff or Deputy Sheriff, or any other public official authorized by the city to enforce state or local animal control laws, rules, regulations or ordinances.

Owner. Any person who shall harbor or permit any animal, specifically including dog(s) or cats(s) to be, for ten days or more, or let the same habitually remain to be fed for a period of ten days or more in or about his or her house, store, or enclosure, shall be deemed the owner and possessor of such animal and shall be liable for all penalties imposed for violation of this code.

(1999 Code, § 6-207; Ord. 781; Ord. 795; Ord. 859)

(A)  Dangerous animals are prohibited with the city limits.

(B)  In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, such animal may, in the discretion of the Mayor or his or her designee, or a law enforcement officer, be destroyed if it cannot be confined or captured, thereby creating a hazard to life or property. The city, its officers, employees and designees shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall there be a duty to notify the owner of such animal prior to its destruction.

(1999 Code, § 6-208; Ord. 781; Ord. 795; Ord. 859)

(Ord. 859; Ord. 944)

(Ord. 859; Ord. 944)

(1999 Code, § 6-104; Ord. 781; Ord. 795; Ord. 859; Ord. 944)

Any domestic animal which has bitten any person or caused an abrasion of the skin of any person shall be subjected to post-incident management as provided in rules and regulations adopted and promulgated by the department.

(A)  Vaccinated dogs, cats and ferrets.

(1)   (a)   A healthy dog, cat or ferret that is currently vaccinated against rabies and that bites or reportedly bites a human will be examined by a licensed veterinarian, who will determine the animal’s health status. If no signs of illness compatible with rabies are detected, the animal will be quarantined under such conditions as are outlined in an official quarantine order issued by the Animal Control Authority or Public Health Official and observed for a period of ten days from the date of the bite. Instead of being quarantined, the animal may be humanely euthanatized and tested for rabies in an approved laboratory.

(b)   Quarantined animals may be treated by a veterinarian, but rabies vaccine should not be administered to the animal until the quarantine period is complete. At the end of the quarantine period, the dog, cat or ferret will be reexamined by a veterinarian. The results of the veterinary examinations will be documented and communicated to the Animal Control Authority, the Public Health Official and the owner.

(2)   If, at the end of the quarantine period, the dog, cat or ferret shows no signs of illness compatible with rabies, it may be released from quarantine with the approval of the Animal Control Authority or the Public Health Official.

(3)   If at any time during quarantine or upon examination, the dog or cat shows signs of illness compatible with rabies, the animal shall be humanely euthanatized and tested for rabies in an approved laboratory at the discretion of Animal Control Authority or the Public Health Official after conferring with the examining veterinarian.

(B)  Dogs, cats and ferrets that are not currently vaccinated against rabies.

(1)   A dog, cat or ferret that is not currently vaccinated against rabies, that bites or reportedly bites a human will be considered a rabies suspect and will be seized by the Animal Control Authority and quarantined under such conditions as are outlined in an official quarantine order issued by the Animal Control Authority or Public Health Official. The quarantine shall be conducted under the supervision of a veterinarian, for a period of not less than ten days from the date of the bite. Instead of being quarantined, the animal may be humanely euthanatized and tested for rabies in an approved laboratory. Quarantined animals may be treated by a veterinarian, but rabies vaccine should not be administered to the animal until the quarantine period is complete.

(2)   The rabies suspect dog, cat or ferret will be examined by a licensed veterinarian at the beginning and at the end of the quarantine period to determine its health status. The results of the examination will be recorded and communicated to the Animal Control Authority, the Public Health Official and the owner.

(3)   If at any point during the quarantine period or upon examination, the dog, cat or ferret shows signs of illness compatible with rabies, the Animal Control Authority or the Public Health Official will order the immediate humane euthanasia and rabies testing of the quarantined animal in an approved laboratory after conferring with the examining veterinarian.

(4)   If at the end of the quarantine period the dog, cat or ferret shows no signs of illness compatible with rabies, it may be released from quarantine with the approval of the Animal Control Authority or the Public Health Official. Prior to its release, the dog, cat or ferret will be vaccinated against rabies at the owner’s expense. Alternatively, the dog, cat or ferret will be vaccinated within 72 hours of release. The owner will pay to the Animal Control Authority a prescribed rabies vaccination deposit that will be reimbursed upon the presentation of proof of rabies vaccination by a private veterinarian.

(C)  Other animals.

(1)   Animals, other than dogs, cats or ferrets, that bite or reportedly bite a human will, at the discretion of the Public Health Official, be treated according to the circumstances of exposure, the species, and the presence of rabies in the area. The pathogenesis and length of incubation and virus shedding periods of rabies in those other animals is unknown.

(2)   The animal may, at the discretion of the Public Health Official, be seized by the Animal Control Authority and immediately euthanized for rabies testing in an approved laboratory. Reports of the laboratory test will be provided to the Animal Control Authority, the Public Health Official, the bite victim and the submitting veterinarian.

(1999 Code, § 6-105; Ord. 781; Ord. 795; Ord. 859; Neb. RS 71-4406; Ord. 919)

(A)  Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Cat. A cat which is a household pet.

Department. The state Department of Health and Human Services.

Domestic Animal. Any dog of the species Canis familiaris, cat of the species Felis domesticus, or ferret of the species Mustela putorius furo.

Hybrid Animal. Any animal which is the product of the breeding of a domestic dog with a nondomestic canine species.

Own. To possess, keep, harbor, or have control of, charge of, or custody of a domestic or hybrid animal. This term does not apply to domestic or hybrid animals owned by other persons which are temporarily maintained on the premises of a veterinarian or kennel operator for a period of not more than 30 days.

Owner. Any person possessing, keeping, harboring, or having charge or control of any domestic or hybrid animal or permitting any domestic or hybrid animal to habitually be or remain on or be lodged or fed within the person’s house, yard, or premises. This term does not apply to veterinarians or kennel operators temporarily maintaining on their premises domestic or hybrid animals owned by other persons for a period of not more than 30 days.

Rabies Control Authority. City health and law enforcement officials who shall enforce the provisions of this subchapter relating to the vaccination and impoundment of domestic or hybrid animals. Such public officials shall not be responsible for any accident or disease of a domestic or hybrid animal resulting from the enforcement of such sections.

Vaccination Against Rabies. The inoculation of a domestic or hybrid animal with a United States Department of Agriculture-licensed rabies vaccine administered consistent with its labeling. The vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine in the State of Nebraska or licensed in the state where the vaccination was administered.

(B)  Dogs, cats or ferrets currently vaccinated against rabies.

(1)   A currently vaccinated dog, cat or ferret that is bitten by, or otherwise potentially exposed to a rabid or suspect rabid animal will be re-vaccinated immediately and placed in isolation under observation for 45 days or euthanized.

(2)   At the end of the isolation period, the dog, cat or ferret will be examined by a veterinarian who will report the results of the examination to the Animal Control Authority or Public Health Official.

(3)   If the examination determines that the dog, cat or ferret is free of signs of illness compatible with rabies, it may be released from isolation with the approval of the Animal Control Authority or the Public Health Official.

(4)   If, at any point during the isolation period or upon examination, the dog, cat or ferret shows signs of illness compatible with rabies, the Animal Control Authority or the Public Health Official will order the immediate humane euthanasia and rabies testing in an approved laboratory of the animal after conferring with the examining veterinarian.

(C)  Dogs, cats or ferrets that are unvaccinated or not currently vaccinated against rabies.

(1)   A dog, cat or ferret that is not currently vaccinated against rabies and is bitten by or otherwise potentially exposed to a rabid or suspect rabid animal shall be euthanatized immediately.

(2)   If the owner is unwilling to consent to euthanasia, the animal shall be seized by the Animal Control Authority and impounded at the owner’s expense for six months in strict isolation, under such conditions as are outlined in an official isolation order issued by the Animal Control Authority, If the animal shows no signs of rabies at the end of five months, it will be vaccinated against rabies at that time.

(3)   At the end of the six-month impoundment, the dog, cat or ferret will be examined by a licensed veterinarian who will report the results of the examination to the Animal Control Authority or Public Health Official.

(4)   If the examination determines that the dog or cat or ferret is free of signs of illness compatible with rabies, it may be released from impoundment with the approval of the Public Health Official.

(5)   If, at any point during the impoundment period or upon examination, the dog, cat or ferret shows signs of illness compatible with rabies, the Animal Control Authority or the Public Health Official will order the immediate humane euthanasia and testing of the impounded animal after conferring with the examining veterinarian.

(D)  Livestock.

(1)   Currently vaccinated livestock bitten by or otherwise potentially exposed to rabid or suspect rabid animal will be re-vaccinated immediately and isolated under observation for 45 days or be euthanized.

(2)   Unvaccinated livestock should be slaughtered immediately. If the owner is unwilling to have this done, the animal will be kept in strict isolation for six months under such conditions as are outlined in an official isolation order issued by the Animal Control Authority.

(E)   Other animals. Any animal, other than a dog, cat, ferret or livestock that is bitten by or otherwise potentially exposed to a rabid or suspect rabid animal should be euthanatized immediately. Animals maintained in USDA-licensed research facilities or accredited zoological parks that are exposed or potentially exposed to rabies shall be evaluated on a case-by-case basis by the Animal Control Authority or the Public Health Official.

(F)   Testing of suspect rabid animals.

(1)   If a suspect rabid animal is available for testing, an animal that was bitten by or otherwise potentially exposed to the suspect rabid animal will be isolated pending the rabies testing result on the suspect animal.

(2)   If the testing results are negative, the bitten or otherwise potentially exposed animal shall be released with the approval of the Animal Control Authority or Public Health Official.

(1999 Code, § 6-106; Ord. 781; Ord. 795; Ord. 859; Neb. RS 71-4401; Ord. 918)

(1999 Code, § 6-107; Ord. 781; Ord. 795; Ord. 859; Ord. 944)

(A)  It shall be the responsibility of the Mayor and staff of the city to administer this chapter, and to promulgate the necessary rules and regulations for its implementation. Enforcement shall be the responsibility of the city and the county law enforcement.

(B)  Upon the effective date of this chapter, in the city, all regulations pertaining to rabies control and licensing will be enforced by the city employees and county law enforcement officers, or others with regulatory authority specified by the governing body.

(1999 Code, § 6-109; Ord. 781; Ord. 795; Ord. 859)

Any person who shall harbor or permit any dog to be for ten days or more in or about his or her house, store or enclosure, or to remain to be fed, shall be deemed the owner and possessor of such dog, and shall be deemed to be liable for all penalties herein prescribed.

(Neb. RS 54-606, 71-4401; 1999 Code, § 6-110; Ord. 781; Ord. 795; Ord. 859)

(A)  It shall be the duty of the governing body whenever in its opinion the danger to the public safety from rabid dog is great or imminent, to issue a proclamation ordering all persons owning, keeping or harboring any dog to muzzle the same, or to confine it for a period of not less than 30 days or more than 90 days from the date of such proclamation, or until such danger is passed.

(B)  The dogs may be harbored by any good and sufficient means in a house, garage or yard in the rear of the premises wherein the said owner may reside.

(C)  Upon issuing the proclamation, it shall be the duty of all persons owning, keeping or harboring any dog to confine the same as herein provided.

(Neb. RS 17-526; 1999 Code, § 6-111; Ord. 781; Ord. 795; Ord. 859)

(A)  It shall be the duty of the County Sheriff or any Deputy Sheriff to cause any dog or cat found to be running at large within the municipality to be taken up and impounded as provided for in this chapter.

(B)  Running At Large shall mean any dog or cat found off the premises of the owner and not under control of the owner or a responsible person either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint.

(1999 Code, § 6-112; Ord. 781; Ord. 795; Ord. 859)

The County  Sheriff or Deputy  shall have the authority to kill any animals showing vicious tendencies, or characteristics of rabies which make capture impossible because of the danger involved.

(Neb. RS 54-605; 1999 Code, § 6-113; Ord. 781; Ord. 795; Ord. 859)

It shall be unlawful for any person to hinder, delay or interfere with any law enforcement officer who is performing any duty enjoined upon him or her 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.

(Neb. RS 28-906; 1999 Code, § 6-114; Ord. 781; Ord. 795; Ord. 859)

It shall be unlawful to kill, or to administer, or cause to be administered, poison of any sort to a dog, or in any manner to injure, maim or destroy, or in any manner attempt to injure, maim or destroy any dog that is the property of another person, or to place any poison, or poisoned food where the same is accessible to a dog; provided, that this section shall not apply to municipal police officers acting within their power and duty.

(1999 Code, § 6-115; Ord. 781; Ord. 795; Ord. 859)

It shall be unlawful for any person to own, keep or harbor any dog or cat which by loud, continuous or frequent barking, howling, meowing, yelping, fighting or mate calling shall annoy or disturb any neighborhood or person or which habitually barks or chases pedestrians, drivers or owners of horses or vehicles while they are on any public sidewalk, street or alley of the municipality.

(1999 Code, § 6-116; Ord. 781; Ord. 795; Ord. 859)

(A)  It shall be unlawful for any person to allow a dog, cat or other animal owned, kept or harbored by him or her, or under his or her charge or control, to injure or destroy any real or personal property of any description belonging to another person.

(B)  The owner or possessor of any such dog, cat or other animal, in addition to the usual judgment upon conviction, may be made to be liable to the persons so injured in an amount equal to the value of the damage so sustained.

(Neb. RS 54-601, 54-602; 1999 Code, § 6-117; Ord. 781; Ord. 795; Ord. 859)

(A)  Maximum number; exceptions. It shall be unlawful and a public nuisance for any person to allow more than two dogs and/or more than three cats to be kept, harbored, or maintained at any property in the City unless one of the following conditions have been met:

(1)   The property is located in the industrial district and a special use permit is obtained; or

(2)   The person, entity or facility is a licensed animal shelter or animal rescue organization.

(B)  Penalty for violations. Any person who is found to be in violation of this section shall be punished by a fine of not less than $150.00 nor more than $500.00. Each day in violation of this section shall constitute a separate offense.

(Ord. 859; Ord. 945)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Animal Control Authority. The Thayer County Sheriff’s Department or any other entity authorized to enforce the animal control laws of the municipality.

Animal Control Officer. Any individual employed, appointed or authorized by the 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.

Dangerous Dog.  Any dog that, according to the records of the Animal Control Authority:

(1)   Has killed or inflicted severe injury on a human being on public or private property;

(2)   Has killed a domestic animal without provocation while the dog was off the owner’s property; or

(3)   Has been previously determined to be a potentially dangerous dog by the Animal Control Authority and the owner has received notice of such determination and such dog again aggressively bites, attacks or endangers the safety of humans or domestic animals. A dog shall not be defined as a DANGEROUS DOG if the threat, any injury that is not a severe injury, or the damage was sustained by a person who, at the time, was committing a willful trespass as defined in Neb. RS 20-203, 28-520 or 28-521. Or any other tort upon the property of the owner of the dog, who was tormenting, abusing or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused or assaulted the dog, or who was committing or attempting to commit a crime.

Domestic Animal.  A cat, a dog or livestock.

Owner. Any person, firm, corporation, organization, political subdivision or department possessing, harboring, keeping or having control or custody of a dog.

Potentially Dangerous Dog.

(1)   Any dog that, when provoked:

(a)   Inflicts a non severe injury on a human or injures a domestic animal either on public or private property; or

(b)   Chases or approaches a person upon streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack.

(2)   Any specific dog with a known  propensity,  tendency or disposition  to attack when unprovoked, to cause injury or to threaten the safety of humans or domestic animals; or

(3)   Any specific breed of dog identified in § 90.64 of this code.

Severe Injury. Any physical injury that results in disfiguring lacerations requiring multiple sutures or cosmetic surgery or one or more broken bones or that creates a potential danger to the life or health of the victim.

(Neb. RS 54-617; 1999 Code, § 6-119; Ord. 781; Ord. 795; Ord. 859)

The owner of a dangerous dog shall restrain the animal in a secure pen or by a chain or leash in the rear o( the owner’s property, at least ten feet from a public sidewalk or right-of-way.

(Neb. RS 54-618; 1999 Code, § 6-120; Ord. 781; Ord. 795; Ord. 859; Ord. 894)

While unattended on the owner’s property, a dangerous dog shall be securely confined, in a humane manner (for not more than 72 hours), indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground. The pen or structure shall also protect the dog from the elements. The owner of a dangerous dog shall post a warning sign on the property where the dog is kept that is clearly visible and that informs persons that a dangerous dog is on the property.

(Neb. RS 54-619; 1999 Code, § 6-121; Ord. 781; Ord. 795; Ord. 859)

(A)  Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this subchapter. The owner shall be responsible for the reasonable costs incurred by the Animal Control Authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the Animal Control Authority is pursuant to law and if the owner violated this subchapter.

(B)  In addition to any other penalty, a court may order the Animal Control Authority to dispose of a dangerous dog in an expeditious and humane manner.

(Neb. RS 54-620; 1999 Code, § 6-122; Ord. 781; Ord. 795; Ord. 859)

(A)  It shall be unlawful in the City to keep, harbor, maintain or have in a person's possession or control any dog whose breeding has been deemed as dangerous.

(B)  Dog breeds which are deemed dangerous are as follows:

(1)   Pit bull dog;

(2)   The Bull Terrier breed of dogs;

(3)   The Staffordshire Bull Terrier breed of dogs;

(4)   The American Pit Bull Terrier breed of dogs;

(5)   The American Staffordshire Terrier breed of dogs;

(6)   Any Chows;

(7)   Any Doberman;

(8)   Any Rottweiler;

(9)   Any wolf or wolf hybrids;

(10) Dogs of mixed breed or other breed than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or put bull terriers;

(11) Any dog which has the appearance and characteristics of being predominantly of the breed of Bull Terrier, American Staffordshire Terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds; or

(12) Any trained attack dog.

(C)  The owner of a dog identified by breed as dangerous dog in this subchapter may possess such dog by:

(1)   Purchasing a muzzle from the City Clerk, which shall be worn by the dog at all times when the dog is off the owner's property;

(2)   Restraining the dog on the owner's property as required by §90.61 of this code; and

(3)   Fully comply with all other code provisions.

(Ord. 836; Ord. 859; Ord. 946)

(A)  Any person who shall violate or refuse to comply with any provision of Chapter 90 of the Hebron Municipal Code shall be guilty of an infraction and subject to a fine of not less than $50.00, nor more than $500.00 per infraction. Each animal not maintained in accordance with the provisions of this chapter shall constitute an individual infraction. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.

(1999 Code, § 6-210; Ord. 781; Ord. 795; Ord. 836; Ord. 859; Ord. 947)