ARTICLE III - DOGS

SECTION 2-301: OWNER DEFINED Any person who shall harbor or permit any dog to be present for ten days or more in or about his/her house, store or enclosure, or allow to remain to be fed, shall be deemed liable for all penalties herein described. (Ref. Neb. Rev. Stat. §54-606, 71-4401)

SECTION 2-302: LICENSING OF DOGS Any person who shall own, keep or harbor a dog over the age of six months within the City shall, within 30 days after acquisition of the said dog, acquire a license for each such dog annually by or before the first day of May of each year. The said tax shall be delinquent from and after May 10th; provided, the possessor of any dog brought into or harbored within the corporate limits subsequent to May 1st of any year shall be liable for the payment of the dog tax levied herein and such tax shall be delinquent if not paid within ten days thereafter. After the ten day grace period allowed herein, there shall be a penalty of $3.00 on the licenses subsequently obtained. Licenses shall be issued by the city clerk upon the payment of a license fee in an amount set by resolution of the City Council. Such resolution shall be on file at the office of the city clerk. When issued, such license shall not be transferable and no refund will be allowed in case of death, sale or other disposition of the licensed dog. The owner shall state at the time the application is made and upon printed forms provided for such purpose, his/her name and address and the name, breed, color and sex of each dog owned and kept by him/her. A certificate that the dog has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. Upon payment of the license fee, the city clerk shall issue to the owner of a dog a license certificate and a metallic tag for each dog so licensed. The metallic tag shall be properly attached to the collar or harness of any dog so licensed and shall entitle the owner to keep or harbor the said dog until April 30th following such licensing. In the event that a license tag is lost and upon satisfactory evidence that the original plate or tag issued in accordance with the provisions herein, the city clerk shall issue a duplicate or new tag for the balance of the year and may charge and collect a fee set by resolution of the City Council for each such duplicate or new tag so issued. All license fees and collections shall be immediately credited to the General Fund. It shall be the duty of the city clerk to issue tags of a suitable design that are different in appearance each year. (Ref. Neb. Rev. Stat. §17-526, 54-603, 71-4412)

SECTION 2-303: REMOVAL OF TAGS It shall be unlawful for any person to remove or cause to be removed the collar, harness or metallic tag from any licensed dog without the consent of the owner, keeper or possessor thereof. (Ref. Neb. Rev. Stat. §17-526)

SECTION 2-304: UNLICENSED DOGS All dogs found running at large upon the streets and public grounds of the City without a license tag affixed as required in this article is hereby declared a public nuisance and shall be impounded by the city police as provided herein. Unlicensed dogs on private property shall be treated pursuant to Sections 2-311 and 2-312.

SECTION 2-305: WRONGFUL LICENSING It shall be unlawful for the owner, keeper or harborer of any dog to permit or allow such dog to wear any license, metallic tag or other city identification than that issued by the city clerk for dogs, nor shall the owner, keeper or harborer wrongfully and knowingly license an unspayed female dog with a license prescribed for a male or spayed female dog.

SECTION 2-306: BARKING AND OFFENSIVE DOGS PROHIBITED It shall be unlawful for any person to own, keep or harbor any dog which by loud, continued or frequent barking, howling or yelping shall annoy or disturb any neighborhood or person, or which habitually barks or chases pedestrians, bicycles, motor vehicles, or riders of horses while they are on any public sidewalks, streets or alleys in the City; provided, the provisions of this section shall not be constructed to apply to any city dog shelter. Upon the written complaint of one or more affected persons filed with the city clerk that any dog owned by the person named in the complaint is an annoyance or disturbance, or otherwise violates the provisions of this section, the city police shall investigate the complaints and, if in their opinion the situation warrants, shall notify the owner to silence and restrain such dog.

SECTION 2-307: DOGS RUNNING AT LARGE; DESTRUCTION "Running at large" shall mean any dog found off the premises of the owner and not under the control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint. It shall be unlawful for the owner of any dog to suffer or permit such dog to run at large within said city, and every dog found running at large in violation hereof is declared to be a public nuisance and may be picked up and disposed of by the animal control officer or city police officer. Any person who permits his/her dog to run at large within the confines of the City is hereby deemed to be guilty of a misdemeanor and, upon conviction thereof, shall be fined no more than $500.00 and shall pay the costs of prosecution. This penalty shall be in addition to any other penalties prescribed by this article, either against the owner or the particular dog.

SECTION 2-308: DANGEROUS DOGS; DEFINITIONS "Animal Control Authority" shall mean an entity authorized by the City Council of Fort Calhoun to enforce the animal control laws of the City. "Animal control officer" shall mean any individual employed, appointed or authorized by the Animal Control Authority for the purpose of aiding in the enforcement of this act 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 personnel or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. "Dangerous dog" shall mean any dog that, according to the records of any 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 an 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 or any other tort upon the property 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" shall mean a cat, a dog or livestock. "Owner" shall mean any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of a dog. "Potentially dangerous dog" shall mean: 1. any dog that, when unprovoked, inflicts a non-severe injury on a human or injures a domestic animal on public or private property, or chases or approaches a person upon streets, sidewalks or on any public ground in a menacing fashion or apparent attitude of attack, or 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. "Severe injury" shall mean any physical injury that results in disfiguring lacerations requiring multiple sutures, cosmetic surgery, or one or more broken bones or that creates a potential danger to the life or health of the victim. (Ref. Neb. Rev. Stat. §54-617)

SECTION 2-309: DANGEROUS DOGS ON OWNER'S PROPERTY; While unattended on the owner's property, a dangerous dog shall be securely confined in a humane manner, 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. (Ref. Neb. Rev. Stat. §54-619)

SECTION 2-310: DANGEROUS DOGS OFF OWNER'S PROPERTY; RESTRAINED No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash. (Ref. Neb. Rev. Stat. §54-618)

SECTION 2-311: DANGEROUS DOGS; FAILURE TO COMPLY Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this article, and said officer may enter upon private property in order to confiscate the animal. In lieu of confiscation, the animal control officer may immediately destroy the dangerous dog if it poses a threat of harm to said officer or any other person or property. The owner shall be responsible for the costs incurred by the Animal Control Authority for the care and boarding of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the owner violated this article. (Ref. Neb. Rev. Stat. §54-620)

SECTION 2-312: DANGEROUS DOGS; IMPOUNDMENT, DESTRUCTION In addition to any other penalty, the Animal Control Authority shall order the animal control officer to dispose of a dangerous dog in a humane manner. Notice of impoundment of all animals, including any significant marks or identification, shall be posted at the office of the city clerk as public notification of such impoundment. Upon such request, the Animal Control Authority shall schedule the matter to be heard at a special or regular meeting of the Animal Control Authority, at which time the owner must present clear and convincing evidence that the dog will not present a present nor future threat to the safety of the public or to public property. The Animal Control Authority shall not be bound by the Nebraska Rules of Evidence. Upon such proof to the satisfaction of the Animal Control Authority, the dog may be returned to the owner after the owner pays all costs of confinement, board, medical treatment, food and care for the dog. If the foregoing costs are not paid within 15 days of the hearing, the dog shall be destroyed.

SECTION 2-313: RABIES VACCINATION Every dog three months of age and older shall be vaccinated against rabies pursuant to Nebraska law. Puppies shall be vaccinated within 30 days after having reached three months of age. Unvaccinated dogs acquired or moved into the City must be vaccinated within 30 days after purchase or arrival, unless under three months of age as specified above. The provisions of this ordinance with respect to vaccination shall not apply to any dogs owned by a person temporarily residing within this city for less than 30 days, any dog brought into this city for show purposes, or any dog brought into this city for hunting purposes for a period of less than 30 days; such dogs shall be kept under the strict supervision of the owner.

SECTION 2-314: RABIES SUSPECTED; IMPOUNDMENT Any dog or other animal suspected of being afflicted with rabies or any dog not vaccinated in accordance with the provisions set forth above which has bitten any person or has caused an abrasion of the skin of any person shall be seized by a police officer or animal control officer of this city and shall be impounded under the supervision of a licensed veterinarian or public health authority for not less than ten days. If, upon examination by a veterinarian, the dog or other animal has no clinical signs of rabies at the end of such impoundment, it shall be released to the owner upon said owner paying the costs of said impoundment, or, in the case of a stray, shall be disposed of in whatever manner deemed best by the city police officer. If the owner of the dog has proof of vaccination, it shall be confined by the owner or some other responsible person for a period of at least ten days, at which time the dog shall be examined by a licensed veterinarian. If no signs of rabies are observed, the dog may be released from confinement. (Ref. Neb. Rev. Stat. §71-4406)

SECTION 2-315: RABID DOGS; CAPTURE IMPOSSIBLE The animal control officer shall have the authority to kill any domestic animals with the characteristics of rabies which make capture impossible because of the danger involved.

SECTION 2-316: RABID DOGS; PROCLAMATION It shall be the duty of the City Council or mayor whenever, in their opinion, the danger to the public safety from rabid dogs 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 past. The dogs may be harbored by any good and sufficient means in a house, garage or yard on the premises wherein the said owner may reside. Upon issuance of the proclamation it shall be the duty of all persons owning, keeping or harboring any dog to confine the same as herein provided.

SECTION 2-317: FIGHTING DOGS It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting, or by any gesture or word to encourage the same to fight. (Ref. Neb. Rev. Stat. §17-526)

SECTION 2-318: KILLING AND POISONING It shall be unlawful to kill, administer or cause to be administered poison of any sort to any domestic animal within the City, or in any manner to injure, maim, destroy, or in any manner attempt to injure, maim or destroy any domestic animal within the City, or to place any poison or poisoned food where the same is accessible to any domesticated animal; provided, this section shall not apply to the city police acting within their power and duty.

SECTION 2-319: INTERFERENCE WITH POLICE It shall be unlawful for any person to hinder, delay or interfere with any animal control officer who is performing any duty enjoined upon him/her by the provisions of this article, or to break open or in any manner directly or indirectly aid, counsel or advise the breaking open of the animal shelter or any vehicle used for the collecting or conveying of dogs to the shelter.

SECTION 2-320: DAMAGE BY DOG; LIABILITY OF OWNER It shall be unlawful for any person to allow a dog owned, kept or harbored by him/her, or under his/her charge or control, to injure or destroy any real or personal property of any description belonging to another person. The owner or possessor of any such dog, in addition to the usual judgment upon conviction, may be made liable to the person so injured in an amount equal to the value of the damage so sustained.

SECTION 2-321: IMPOUNDING It shall be the duty of the animal control officer to capture, secure and remove in a humane manner to the designated city animal shelter any dog violating any of the provisions of this article. The dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded dog shall be kept and maintained at the pound for a period of not less than five days, unless reclaimed earlier by the owner. No later than 24 hours after the impoundment of any animal, notice of impoundment of all animals, including any significant marks or identification, shall be posted at the office of the city clerk as public notification of such impoundment. Any dog may be reclaimed by its owner during the period of impoundment by payment of a general impoundment fee and daily board fee as set by resolution of the City Council and on file at the office of the city clerk. The owner shall then be required to comply with the rabies vaccination requirements within 72 hours after release. If the animal is not claimed at the end of the required waiting period after public notice has been given, the animal control officer may dispose of the animal in accordance with the applicable rules and regulations pertaining to the same; provided, if the animal control officer can find a suitable home for the impounded animal, he/she may turn the it over to any person willing to provide the dog with a home. In this event the new owner shall be required to pay all fees and meet all licensing and vaccinating requirements provided in this article. The City shall acquire legal title to any unlicensed animal impounded in the animal shelter for a period longer than the required waiting period after giving notice. All animals not placed for adoption shall be destroyed and buried in a humane manner as prescribed by the Board of Health. (Ref. Neb. Rev. Stat. §17-548, 71-4408)

SECTION 2-322: ANIMAL SHELTER The animal shelter shall be safe, suitable and conveniently located for the impounding, keeping and destruction of animals. The said shelter shall be sanitary, ventilated and lighted.

ARTICLE VII - PENAL PROVISION

SECTION 2-701: VIOLATION; PENALTY Anyone violating any of the terms and conditions of any of the foregoing chapter and articles shall be deemed guilty of a misdemeanor and shall be fined in a sum not more than $500.00 for each offense. Each day's maintenance of the same shall constitute a separate offense. Go to the DOG LICENSING form