Article 2 Animals Generally

§6-201      Falls City Code       §6-204

Article 2. Animals Generally

§6-201   ANIMALS; RABIES VACCINATION REQUIRED. All persons owning a dog over five (5) months of age, cat, skunk, rabbit, raccoon, mink, fox, chinchilla, monkey, squirrel or chipmunk which is kept, harbored or intended as a pet, shall cause such animal to be vaccinated against rabies.  It shall be the duty of any veterinarian vaccinating such animal to issue to the owner a certificate of vaccination. Such certificate shall be exhibited to any member of the Municipal Police or Board of Health upon demand.

§6-202   ANIMALS; RABIES SUSPECTED. Any animal suspected of being afflicted with rabies, or any animal required to be vaccinated and not vaccinated in accordance with the provisions of this Article, which has bitten any person and caused an abrasion of the skin shall be seized and impounded under the supervision of the Board of Health for a period of not less than fourteen (14) days. If upon examination by a veterinarian, the animal has no clinical signs of rabies at the end of such impoundment, it may be released to the owner, after the owner has paid the per diem fee for impoundment and all expenses incurred in connection with the confinement, observation and/or treatment. In the case of a dog or cat, proof of registration shall be required before such animal may be released.  If the owner of any such animal impounded under this section shall not have redeemed said animal within five (5) days after notice of the animal's ability to be released, said animal shall be disposed of in the manner described for dogs and cats. The owner of any animal, which the owner learns has bitten or attacked a person, shall have the duty to place the animal described above under the care of the pound master within twenty- four (24) hours of learning of the attack. (Ref. 71-4406 RS Neb.)

§6-203   ANIMALS; RUNNING AT LARGE. 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 dog, cat, horse, mule, cow, sheep, goat, swine, or other animal to be driven or run at large on any of the public ways and property, or upon the property of another. (Ref. 17-547 RS Neb)

§6-204 ANIMALS; PASTURING, STABLING, LIVESTOCK, PERMITS.

1.  Except as allowed in Section 2 below, no persons shall stable or pasture any horse, mule, cow, sheep, goat, swine, or other livestock at any place within the Municipality without first having obtained a permit therefor as herein provided.

A.  Permits authorized by this section shall be issued upon written application filed with the Municipal Clerk as herein provided. Said written application shall be signed by the applicant, setting forth the mailing address of the applicant, the legal description of the premises upon which said animal or animals will be stabled or pastured; the dimensions of the premise and the type and maximum number of animals to be pastured or stabled on said premises.  The applicant shall in addition pay to the Municipal Clerk the sum of twenty dollars for each premise to defray the Municipality for its expenses and shall not be refunded.

B.  Upon the filing of the initial application with the Municipal Clerk, the Municipal Clerk shall thereupon set the same for hearing before the Governing Body by causing a notice to be published in a legal newspaper of general circulation in the Municipality, at least ten (10) days prior to such hearing. At the hearing any persons having objections to the issuance of a permit shall be heard by the Governing Body. Following the hearing the Governing Body shall approve or disapprove said application.  Upon approval of said application, the Municipal Clerk shall thereupon issue a permit to the applicant.

C.  Any permit issued hereunder may be revoked by the Governing Body if the Governing Body shall find upon hearing that the holder of said permit has allowed the premise to become injurious to the public health, safety or welfare. Notice of the hearing for revocation of a permit shall be given in writing by mail to the holder at least ten (10) days prior to said hearing.

D.  All permits issued hereunder shall expire annually on the thirty-first (31st) day of March.  Permits will be renewed upon the holders paying a renewal fee in the amount of ten dollars ($10.00); Provided, however, that any interested party may file objections to the renewal of said permit, in which event the Governing Body shall hold a hearing by giving the holder of the permit written notice of the time and place of said hearing ten (10) days in advance thereof.

2.  Persons owning a tract of real estate which has land both inside and out of the corporate limits of the City of Falls City and which land is not divided by a street or railroad right of way at the corporate limits, may stable or pasture animals on the whole of their property without obtaining a permit under this section.  Such owners shall remain subject to all other animal and nuisance regulations of the City. Amended Ord. 95-124 (Amended: Ord. #2004-102)

§6-205   ANIMALS; CRUELTY; UNATTENDED VEHICLES.   It shall be unlawful for any person to leave any animal in a motor vehicle so as to endanger the life of said animal.

Whenever any animal is so confined the Animal Warden or Municipal Police are hereby authorized to enter such vehicle and remove such animal and thereafter impound it in accordance with this Chapter, after reasonable efforts to determine and locate the owner, keeper, or harborer of said animal. In the event that the animal is impounded as provided in this section, the Impounding Officer shall leave a written notice on the vehicle advising that the animal has been removed under the authority of this section and impounded at the Municipal Pound.  (Ref.  17-138 RS Neb.)

§6-206   ANIMALS; ENCLOSURES. All pens, cages, sheds, yards, or any other area or enclosure for the confinement of 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.

§6-207   FOWLS; RUNNING AT LARGE.  It shall be unlawful for any person to allow poultry, chickens, turkeys, geese, or any other fowls to run at large within the corporate limits, except in enclosed places on private property. (Ref. 17-547 RS Neb.)

§6-208   ANIMALS; GOVERNING BODY'S AUTHORITY. The Governing Body of the City of Falls City, shall have and hereby does have the authority to set by resolution rules, regulations and service fees in conjunction with the services performed by the Animal Warden, Cat and Dog Catcher, Pound Master and Police Department, pertaining to the impounding, apprehending, and handling of any and all animals within the Municipality pursuant to Chapter 6, Articles 1 and 2 of the Falls City Municipal Code. (Ref. 17-526, 17-547 RS Neb.)

§6-209.   ANIMALS; DANGEROUS ANIMAL PROHIBITED.  The keeping or harboring of dangerous animals within the City is hereby prohibited. The Animal Warden or Municipal Police shall have the authority to impound such animals. The Court shall have authority to order the animal removed from the City or destroyed. (Ref. 17- 526 RS Neb.)

§6-210   ANIMALS; GUARD DOGS. Any guard dog which is defined as a dog not owned by a governmental unit which dog is used to guard public or private property, used in the City by virtue of such use is hereby declared to be subject to the license requirements of this Chapter and must be controlled by its keeper and must not be used in a manner which, as determined by the Animal Warden or Municipal Police, endangers individuals not on the premises guarded.  Any person in possession of a guard dog shall register same with the Animal Warden and shall list all premises to be guarded before animal is so placed within the Municipality. (Ref. 17-526 RS Neb.)

§6-211   ANIMALS; PRIVATE PROPERTY RIGHTS.  In the interest of public health, safety and the general welfare to regulate or prohibit the keeping or running at large of any animal or fowl, any person keeping or harboring any animal or fowl in this City by so doing does thereby authorize the Animal Warden or Municipal Police to enter without warrant upon private property he owns or controls where such animal or fowl is to be found, in plain sight, other than within any residence structure, for the purpose of enforcement of this Chapter and to seize such animal or fowl from said private property to abate ordinance violations.

By the authority of this section, any animal that is deemed by the Animal Warden or Municipal Police to be cruelly mistreated in violation of this Chapter or suffering, may be seized from the property of its owner or keeper to abate the mistreatment or the suffering of that animal and it may be confined at the Municipal Pound for disposition under the terms of this Chapter.

Any animal that has possibly exposed a person to rabies through a bite wound or other tissue invasion or is believed by the Animal Warden or Municipal Police to be sick or sickly or tend such authorities to suspect a transferable infection injuries to humans, that is found on the property of the owner or keeper may be removed from that property by the Animal Warden or Municipal Police if such owner or keeper is not available, willing and able to surrender the animal for observation required pursuant to this Chapter.

Any female dog in season (heat) and not confined in a building or solid enclosure as required pursuant to this Chapter may be removed from the property of the owner or keeper to abate such nuisance. (Ref. 17-526 RS Neb.)

§6-212 ANIMALS; ABANDONMENT, NEGLECT, AND CRUELTY; DEFINITIONS.

A.  ABANDON shall mean 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;

B.  ANIMAL shall mean any vertebrate member of the animal kingdom except man. The term shall not include an uncaptured wild creature;

C.  CRUELLY  MISTREAT  shall  mean  to  knowingly  and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise set upon any animal;

D.  CRUELLY NEGLECT shall mean 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;

E.  HUMANE KILLING shall mean the destruction of an animal by a method which causes the animal a minimum of pain and suffering; and

F.  LAW ENFORCEMENT OFFICER shall mean any member of the Nebraska State Patrol, any county or deputy sheriff, any member of the police force of any city or village, or any other public official authorized by a city or village to enforce state or local animal control laws, rules, regulations, or ordinances. (Ref. 28-1008 RS Neb.)

§6-213   ANIMALS; ABANDONMENT, NEGLECT, AND CRUELTY; LAW ENFORCEMENT OFFICER; POWERS; IMMUNITY.

A.  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.

B.  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.

C.  Any law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer's negligence. (Ref.  28-1012 RS Neb.)

§6-214   ANIMALS; ABANDONMENT, NEGLECT, AND CRUELTY; PENALTY.

person commits cruelty to animals if he or she abandons, cruelly mistreats, or cruelly neglects an animal. (Ref. 28-1009 RS Neb.)

§6-215 ANIMALS; KILLING, INJURING AND CAPTURING ANIMALS UNLAWFUL. It shall be unlawful to deliberately:

(1) Injure or kill;

(2) Capture or trap;

(3) Expose a poisonous substance for; or;

(4) Poison; any animal, except as necessary for:

(a) In a state of emergency to prevent actual physical injury or death to any person;

(b) Relocation of nuisance animals through the use of box traps;

(c) Destruction of rats, mice and other pests; (d) Veterinary medical practice;

(e) Termination of suffering; and

(f) Performance of official duties by the Animal Warden or Municipal Police.

It shall be further unlawful for any person to attempt any of the aforesaid unlawful acts. (Ref. 17-138 RS Neb.)

§6-216   ANIMALS; DANGEROUS ANIMAL INVESTIGATIONS.  If any dangerous, fierce or vicious dog, cat, or other animal believed involved in suspected rabies incident and cannot be safely captured or prevented from escaping by usual means, such animal may be slain by the Municipal Police or the Animal Warden if such is the Officer's belief. In all cases where such animal may have exposed a person to rabies and is slain before the completion of the observation period stipulated, 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 to the Chief of Police, who shall be responsible for transporting the remains to the Nebraska Department of Health for appropriate laboratory examination.

§6-217   ANIMALS; REMOVAL OR DISPOSAL.  If the judge deems necessary, any animal found in violation of any section of this Article may be ordered put to death or removed from the Municipality in addition to any fine so levied by the Court.

§6-218     NUISANCES: DOGS, SPECIFICALLY DEFINED.

(1) The following breeds of dogs, or any mix of the following breeds of dogs, or any dog displaying the majority of the physical traits of any one or more of the following breeds of dogs, more so than any other breed of dogs, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the following breeds, to wit:

a.  American Pit Bull Terrier;

b.  American Staffordshire Terrier;

c.  Staffordshire Bull Terrier;

d.  Rottweiler;

e.  Bullmastiff;

f.   Cane Corso a/k/a/ Italian Mastiff;

g.  Canis Panthers;

h.  Presna Canario.

are hereby declared to be a nuisance by virtue of the fact that said dogs:

Tend to injure or endanger the comfort repose, health and safety of children, citizens and other pets;

Render other citizens insecure in life and the use of property; and

Interfere with the comfortable enjoyment of life and property and tend to depreciate the value of the property of others.

The aforenoted standards for the above breeds of dogs as established by the American Kennel Club or United Kennel Club are on file in the Office of the City Clerk.

(2) NUISANCE: DOGS AS A NUISANCE; UNLAWFUL. No person, firm, partnership, corporation or association shall own, possess, keep, exercise control over, maintain, harbor, transport or sell a dog, the breed of which has been determined to be a nuisance, as defined by Section 6-218(1), within the City of Falls City, Nebraska except as provided in Section 6-218(3).

(3) NUISANCES: DOGS AS A NUISANCE; EXCEPTIONS. The owner of a dog, the breed of which has been determined to be a nuisance under this section shall be permitted to keep said dog in the City of Falls City, Nebraska, provided the owner maintains said dog at all times in compliance with the following requirements:

a.   Said dog shall have a current license issued by the City of Falls City, Nebraska pursuant to the Municipal Code of The City of Falls City, Nebraska;

b.   The owner of said dog shall have and maintain at least $100,000.00 in liability insurance covering any damage done by said dog. The policy shall contain a provision requiring the insurance company to provide written notice to the City Clerk not less than fifteen (15) days prior to any cancellation, termination, or expiration of the policy. Written proof of liability insurance shall be provided to the city by the owner annually when the dog is licensed;

c,   Said dog shall only be walked or exercised, off the property of owner, on a leash adequate to control the dog, by a person nineteen(19) years of age or older;

d.   The owner, shall, at the owners own expense, have the dog spayed or neutered and shall present written proof from a licensed veterinarian that this sterilization has been performed.

e.   Except as provided by Section 6-218(3)(c),said dog shall be kept indoors or in a securely enclosed and locked pen or dog run area made of at least nine(9) gauge chain link fencing or equivalent grade of fencing with no more than one(1) inch spacing. Said pen or dog run shall be locked with key or combination lock whenever such dog is within the structure.  Said pen or dog run shall be at least three(3) feet wide and ten(10) feet long.  Said pen or dog run shall have sides of at least six(6) feet high and a cover shall be secured over the top. If the pen or dog run has no bottom secured to the sides, the sides shall be embedded in the ground no less than two (2) feet or have a concrete pad for the bottom. All structures erected shall comply with the zoning and building regulations of the City of Falls City. All structures shall be adequately lighted and kept in a clean and sanitary condition.

f.   The owner of said dog shall annually, at owner's own expense, have an American Kennel Club (AKC) Canine Good Citizen (CGC) Program test preformed and passed by the dog. The test must be given by an AKC CGC approved evaluator within 60 days before licensing. Owner shall present proof of passage of such test at the time of licensing of the dog each year.

(4) NUISANCES; DOGS AS A NUISANCE; FAILURE TO COMPLY.~ Failure by the owner to comply and remain in compliance with any of the terms of this section shall subject said dog to immediate impoundment pursuant to Section 6-107. Said dog will remain impounded for 10 days or until the owner of said dog has provided written proof to the City Clerk that the owner of said dog is in full compliance with this section. If after 10 days the owner is not in compliance the dog will be put up for adoption outside the city limits or humanely destroyed.

(5) NUISANCES; DOGS AS A NUISANCE; HEARING/APPEAL.

a.   When an owner of a dog would like a determination regarding the classification of the owner's dog as a nuisance pursuant to this Chapter and Article, the owner of such dog may file a written petition with to City Clerk for a hearing concerning such classification. In the event City Animal Control Officer has impounded any dog pursuant to this Chapter and Article, and the owner of said dog disputes the classification of said dog as a nuisance, the owner of said dog may file a written petition with the City Clerk for a hearing concerning such classification no later than five (5) days after impoundment. Such petition shall include the name and address, including mailing address, of the petitioner. The City Clerk will then issue a notice of hearing date by mailing a copy to the petitioner's address no later than ten (10) days prior to the date of the hearing.

b.   The hearing, if any, will be held before the Animal Control Board. The owner of such dog shall bear the burden of proof. Any facts that the petitioner wishes to be considered shall be submitted under oath or affirmation, either in writing or orally at the hearing. The Animal Control Board shall make a final determination whether the dog is a nuisance as defined herein. Such final determination shall be considered a final order of the City.

c.   In the event said dog is impounded pursuant to this section and if said dog is found to be a nuisance as set forth in this section, said dog will remain impounded for 10 days after the hearing or until the owner of said dog has provided written proof to the City Clerk that the owner of said dog is in full compliance with this section. If after ten days owner is not in compliance the dog will be put up for adoption outside the city limits or humanely destroyed. If the dog is found not to be a nuisance as defined in this section, the dog shall be released to the owner. Whether  said dog is found to be a nuisance as defined in this section or not to be found a nuisance as defined in this section, the owner of said dog shall be responsible for all applicable  fees and costs as set forth in section  6-107.

d.   The procedures in this subsection shall not apply, and the owner is not entitled to such a hearing with respect to any dog that was impounded as the immediate result of an attack or bite.  In those instances, the dog shall be impounded and thereafter shall be humanely destroyed.

(6) NUISANCES; DOGS AS A NUISANCE; ANIMAL CONTROL REVIEW BOARD.  There is hereby created the Animal Control Review Board for the City of Falls City. The Animal Control Review Board shall exist for purposes of consideration of appeals under this section and to make recommendations to the Mayor and the City Council of Falls City whether to include additional breeds of dogs or exclude breeds of dogs already listed to this section.

That Animal Control Review Board shall consist of three (3) members who shall be appointed by the Mayor and affirmed by the City Council of Falls City. One member shall be a licensed veterinarian, one member shall be the Chief of Police or as an alternate, the Assistant Chief of Police of the Falls City Police Department, and one member shall be an active member of an animal welfare organization, including, but no limited to the Humane Society.  The selection of the members shall not be based on political affiliations, but on interest in animal care and control and knowledge of the same. Appointments shall be made on or before January 1st of each year. All appointments   shall be made for four (4) year terms, and each member shall serve until a qualified successor is duly appointed.   The presence of three (3) members shall be necessary for all hearings filed pursuant to this section.  (Ord. #2006-104; Ord.  #2007-112; Ord #2017-100).

 

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