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CHAPTER 6 of The Village of Eagle Municipal Ordinance Book
LAW
ENFORCEMENT REGULATIONS
ARTICLE
1. DOGS
§6-101 DOGS/CATS; LICENSE.
Any person who shall own, keep, or
harbor a dog or cat over the age of six (6) months within the Municipality shall
within thirty (30) days after acquisition of the said dog or cat acquire a
license for each such dog annually by or before the first (1st) day
of May of each year. The said tax shall be delinquent from and after June first
(1st); Provided, the possessor of any dog or cat brought into or
harbored within the corporate limits subsequent to May first (1st) of
any year, shall be liable for the payment of the tax levied herein. Licenses
shall be issued by the Municipal Clerk, with the assistance of the Municipal
maintenance employees, upon the payment of a license fee set by resolution of
the Governing Body and kept on file at the office of the Clerk. Said license
shall not be transferable and no refund will be allowed in case of death, sale,
or other disposition of the licensed dog or cat. The owner shall state at the
time the application is made and upon printed forms provided for such purpose,
his or her name and address and the name, breed, color, and sex of each dog or
cat owned and kept by him or her. A certificate that the dog or cat 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. (Ref. 17-526, 54-603, 71-4412 RS Neb.)(Amended by Ord.
No. 01-02, 6/5/01)
§6-102 DOGS/CATS; LICENSE TAGS.
Upon the payment of the license fee,
the Municipal Clerk shall issue to the owner of a dog or cat a license
certificate and a metallic tag for each dog or cat so licensed. The metallic
tags shall be properly attached to the collar or harness of all dogs or cats so
licensed and shall entitle the owner to keep or harbor the said dog or cat until
the thirtieth (30th) day of April following such licensing. In the
event that a license tag is lost and upon satisfactory evidence that the
original place or tag was issued in accordance with the provisions herein, the
Municipal Clerk shall issue a duplicate or new tag for the balance of the year
which the license tax has been paid and shall charge and collect a fee of one
($1.00) dollar for each 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 Municipal Clerk to issue tags of a suitable design that are
different in appearance each year. (Ref. 17-526, 54-603 RS Neb.)
§6-103 DOGS/CATS; WRONGFUL LICENSING.
It shall be unlawful for the owner,
keeper, or harborer of any dog or cat to permit or allow such dog or cat to wear
any license, metallic tag or other Municipal identification than that issued by
the Municipal Clerk for dogs or cats, 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 or cat. (Ref. 526, 54-603 RS
Neb.)(Amended by Ord. No. 01-02,6/5/01)
§6-104 DOGS/CATS; OWNER DEFINED.
Any person who shall harbor or permit
any dog/cat to be for ten (10) 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/cat and shall be deemed to be liable for all penalties herein
prescribed. (Ref. 54-606, 71-4401 RS Neb.)
§6-105 DOGS/CATS; UNLICENSED.
All dogs or cats found running at
large upon the streets and public grounds of the Municipality without a license
are hereby declared a public nuisance. Unlicensed dogs or cats found running at
large shall be impounded in a suitable animal shelter until delivered to the
Humane Society by a Municipal maintenance employee. (Ref. 17-526, 71-4408 RS
Neb.)(Amended by Ord. No. 95-23; 01-02
6/5/01)
§6-106 DOGS/CATS; UNCOLLARED.
All dogs or ctas found running at large upon the streets and public grounds of
the Municipality without a collar or harness are hereby declared a public
nuisance. Uncollared dogs/cats found running at large shall be killed or
impounded in the place designated by the Governing Body as the animal control
shelter, which dog or cat may be delivered to such shelter by the person
designated by the Governing Body. (Ref. 54-605 RS Neb.)(Amended by Ord. No.
95-23)
§6-107 DOGS; RUNNING AT LARGE.
It shall be the duty of the person designated by the Governing Body to cause any
dog found to be running at large within the Municipality to be taken up and
impounded. It shall be unlawful for the owner, keeper, or harborer of any dog
to permit or allow such dog to run at large within the Municipality. “Running
at Large” shall mean any dog found off the premise of the owner, and not under
control of a person of not less than ten (10) years of age, either by leash,
cord, chain, wire, rope, cage or other suitable means of physical restraint that
is no more than or extends to no more than fifteen (15) feet in length.
(Ref. 17-526, 54-607 RS Neb.) (Amended by Ord. No. 88-20,
11/1/88; 95-23)
§6-108 DOGS/CATS; CAPTURE
IMPOSSIBLE.
The person designated by the Governing Body shall have the authority to kill any
animals showing vicious tendencies, or characteristics of rabies which make
capture impossible because of the danger involved. (Ref. 17-526 RS
Neb.)(Amended by Ord. No. 95-23)
§6-109 DOGS; VICIOUS.
It shall be unlawful for any person
to own, keep, or harbor any dog of a dangerous or ferocious disposition that
habitually snaps or manifests a disposition to bite. Such dog shall constitute
a nuisance and shall be abated by appropriate procedures.
§6-110 DOGS; BARKING AND OFFENSIVE.
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 at or chases pedestrians, drivers, or owners of horses or
vehicles where they are on any public sidewalks, streets, or alleys in the
Municipality. The provisions of this section shall not be construed to apply to
the person or agency designated by the Governing Body to pick up, transport or
impound dogs. (Ref. 17-526 RS Neb.)(Amended by Ord. No. 95-23)
§6-111 DOGS/CATS; LIABILITY OF OWNER.
It shall be unlawful for any person
to allow a dog or cat 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. The owner or possessor of any such dog
or cat, 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. (Ref. 54-601, 54-602 RS Neb.)
§6-112 DOGS/CATS; 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 or cat without the consent of the owner, keeper, or possessor
thereof. (Ref. 17-526 RS Neb.)(Amended by Ord. No. 01-02,
6/5/02)
§6-113 DOGS; IMPOUNDING.
It shall be the duty of the person as designated by the Governing Body to
capture, secure, and remove in a humane manner to a suitable animal shelter or
the Humane Society Pound in Lincoln, Nebraska, any dog or
cat violating any of the provisions of this Article. The dogs or cats 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 licensed dog or cat that has been impounded shall be kept and maintained at
the Village shelter for a period of up to twenty-four (24) hours unless
reclaimed earlier by the owner. Attempts will be made to contact the owner of
such licensed dogs or cats during the initial twenty-four (24) hours. After the
elapse of twenty-four (24) hours, such licensed dog or cat that has been
impounded may be removed by a person designated by the Governing Body and
transported to the Humane Society in Lincoln, Nebraska where said dog or cat
shall be maintained throughout the remainder of the impoundment period required
herein. Each impounded dog or cat shall be kept and maintained at such pounds
for a period of not less than five (5) days after public notice has been given
unless reclaimed earlier by the owner.
Any dog or cat may be reclaimed by its owner during the first twenty-four (24)
hours of the impoundment by payment to the Municipal Clerk of a general
impoundment fee of fifty ($50.00) dollars and a daily board fee of five ($5.00)
dollars for any days in which said dog or cat was kept and maintained at the
suitable Village shelter; Provided, the owner shall then be required to comply
with the licensing and rabies vaccination requirements within seventy-two (72)
hours after release.
Any animal may be reclaimed by its owner after the first twenty-four (24) hours
of the period of impoundment but prior to the conclusion of the five (5) day
impoundment period at the Humane Society by payment to the Municipal Clerk of
the general impoundment fee of fifty ($50.00) dollars and the daily fee of five
($5.00) dollars, together with a transportation fee for transporting said dog or
cat to the Humane Society Pound in Lincoln, Nebraska of fifty ($50.00) dollars.
Upon the payment of such fees, the Municipal Clerk shall provide the owner with
a receipt. In addition to the above-designated charges, if the animal has been
transported to the Humane Society in Lincoln, the owner shall be required to pay
all fees and charges assessed by such Humane Society.
Any unlicensed dog or cat will be removed by a person designated by the
Governing Body and transported to the Humane Society in Lincoln, Nebraska where said dog or cat
shall be maintained throughout the remainder of the impoundment period required
herein.
In any case, if the dog or cat is not licensed prior to the release of the dog
or cat as herein provided, the owner shall pay the license fee to the Municipal
Clerk. However, the Municipal Clerk shall not issue the license to the owner
until the owner has made proof of rabies vaccination. If the dog or cat is not
claimed at the end of required (5) day waiting period after public notice has
been given, the Humane Society may dispose of the dog or cat in accordance with
the applicable rules and regulations pertaining to the same; Provided, however,
that if, in the judgment of either the Municipality or the Humane Society, a
suitable home can be found for any such dog or cat within the Municipality, the
said dog or cat shall be turned over to that person and the new owner shall then
be required to pay all fees and meet all licensing and vaccinating requirements
provided where the new owner resides. The Municipality shall acquire legal
title to any unlicensed dog or cat impounded pursuant to this section for a
period longer than five (5) days after giving notice and may destroy/bury the
same in a summary and humane manner unless a suitable home can be found for such
animal. (Ref. 17-548, 71-4408 RS Neb.) (Amended by Ord. Nos. 77-21,
11/15/77; 81-15, 12/1/81; 83-5,
4/5/83; 92-7, 4/7/92)
§6-114 DOGS/CATS; ANIMAL SHELTER.
The Animal Shelter shall be safe, suitable, and conveniently located for the
impounding, keeping and destruction of dogs or cats. The said shelter shall be
sanitary, ventilated, and lighted. As provided in this Article, the
Municipality may contract with the Humane Society in Lincoln for the providing
of a shelter for all or any part of the impoundment period. (Amended by Ord.
No. 83-5, 4/5/83)
§6-115 DOGS/CATS; RABIES SUSPECTED.
Any dog or cat suspected of being afflicted with rabies, or any dog or cat 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 at
the Humane Society for a period of not less than ten (10) days. If upon
examination by a veterinarian, the dog or cat has no clinical signs of rabies at
the end of such impoundment, it may be released to the owner, or, in the case of
an unlicensed dog or cat, it shall be disposed of in accordance with the
provisions herein.
If the owner of the said dog or cat has proof of vaccination, it shall be
confined by the owner or some other responsible person for a period of at least
ten (10) days, at which time the dog or cat shall be examined by a licensed
veterinarian. If no signs of rabies are observed, the dog or cat may be
released from confinement. (Ref. 71-4406 RS Neb.)
§6-117 DOGS; KENNELS PROHIBITED.
It shall be unlawful to maintain a kennel within the corporate limits of the
Municipality. “Kennel” shall mean more than three (3) dogs in excess of six (6)
months of age per family or residence. Maintaining a kennel shall constitute a
nuisance to be abated by appropriate procedures. (Amended by Ord. No. 88-7,
8/9/88; 01-02,6/5/01)
§6-118 DOGS/CATS; CONTRACT WITH HUMANE
SOCIETY.
The Municipal Clerk shall have the power and authority to enter into a contract
with the Humane Society in Lincoln for the purpose of securing the services of
the Humane Society to provide for a Municipal Animal Shelter and to perform all
or any portion of the functions of the Municipal Animal Catcher under this
Article regarding the catching, securing, keeping, and controlling dogs or cats
within the Municipal limits; such agreement shall provide for the charging of
such fees and charges to the owners as the Humane Society in Lincoln in its
judgment determines to assess. Such agreement shall require that prior to the
release of any animal by the Humane Society in Lincoln, all of the charges and
assessments levied by the Municipality shall be paid in full and all licensing
requirements shall be met. For the convenience of the public, the Municipal
Clerk shall have available the charges which will be assessed by the Humane
Society in Lincoln but shall not be responsible for collecting or assessing any
such charges. (Ord. No. 83-5,
4/5/83; 01-02, 6/5/01)
§6-119 DANGEROUS DOGS; DEFINITIONS.
Animal Control Authority shall mean
an entity authorized to enforce the animal control laws of a Municipality.
Animal Control Officer
shall mean any individual employed, appointed, or authorized by an 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 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 an animal control
authority:
A.
has killed or inflicted severe
injury on a human being or public or private property
B.
has killed a domestic animal
without provocation while the dog was off the owner’s property; or
C.
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 as defined in section Neb. Rev. Stat.
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
shall mean a cat or dog
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:
A. any dog that when unprovoked:
1.
inflicts a nonsevere injury on a
human or injures a domestic animal either on public or private
property, or;
2.
chases or approaches a person upon
streets, sidewalks, or any public grounds in menacing fashion or apparent
attitude of attack, or;
B. 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; and
Severe Injury
shall mean 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. (Ref. 54-617 RS Neb.)
(Ord. No. 90-2, 1/2/90)
§6-120 DANGEROUS DOGS; REMOVAL
All dogs that have been defined as DANGEROUS must be removed from
the village.
§6-121 DANGEROUS DOGS; FAILURE TO COMPLY.
Any dangerous dog may be immediately
confiscated by a Municipal maintenance employee if the owner is in violation of
this article. The owner shall be responsible for the reasonable costs incurred
during the capture and shelter of the dangerous dog or for the destruction of
any dangerous dog if the action by the person designated by the Governing Body
is pursuant to law and if the owner violated this article.
In addition to any other penalty, a court may order the person designated by
the Governing Body to dispose of a dangerous dog in an expeditious and humane
manner. (Ref. 54-620 RS Neb.) (Ord. No. 90-2,
1/2/90)
§6-122 DANGEROUS DOGS; ADDITIONAL REGULATIONS.
Nothing in this article shall be
construed to restrict or prohibit any Governing Body of the Municipality from
establishing and enforcing laws or ordinances at least as stringent as the
provisions of this article. (Ref. 54-624 RS Neb.) (Ord. No. 90-2,
1/2/90)
§6-123 POTENTIALLY DANGEROUS DOGS;
CONFINEMENT.
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. 54-609 RS
Neb.) (Ord. No. 90-2, 1/2/90)
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ARTICLE 2. ANIMALS GENERALLY
§6-201 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 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, or to be tethered
or staked out in such manner so as to allow such animal to reach or pass into
any public way. (Ref. 17-547 RS Neb.)
§6-202 ANIMALS; CRUELTY.
No person shall cruelly or unnecessarily beat, overwork, or insufficiently
shelter or feed any animal within the Municipality. (Ref. 28-1001, 28-1002 RS
Neb.)
§6-203 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.
§6-204.01 FOWLS; BAN FROM MUNICIPALITY.
It shall be unlawful for any person to keep or harbor any chickens, geese,
ducks, pheasants, turkeys, peafowl, or guineas of whatever sex within the
corporate limits of the Municipality. (Ord. No. 75-3,
3/16/76) (Amended by Ord. No. 88-8, 8/9/88)
§6-205 COYOTES AND WOLVES; BAN FROM
MUNICIPALITY.
There shall be no coyotes or wolves, regardless of the percentage
of coyote or wolf blood that is composed within their bloodline, kept within the
corporate limits of the Municipality. Such animals shall be banned. There will
be zero tolerance for failing to adhere to this ordinance.
§6-206 AGRICULTURAL ANIMALS.
It shall be unlawful for any person, business, or corporation, to keep or harbor
a horse, mule, cow, sheep, goat, or swine within the corporate limits of the
Municipality. It shall further be unlawful for any person, business, or
corporation to keep or harbor more than three (3) rabbits on a lot of record
within the corporate limits of the Municipality. Any person violating this
Section shall be deemed guilty of a misdemeanor. (Ord. No. 76-6,
5/18/76) (Amended by Ord. No. 88-9, 8/9/88)
§6-207 BEEKEEPING; BANNED FROM MUNICIPALITY.
No person, business, or corporation shall keep or harbor or maintain the
facilities for the keeping and harboring of bees within the corporate limits.
Any person, business, or corporation violating this Section shall be deemed
guilty of a misdemeanor punishable as provided in this Chapter. The
maintaining, keeping or harboring of bees within the corporate limits of the
Municipality is hereby declared a nuisance and may be abated as provided by this
Chapter in Section 6-401. (Ord. No. 84-5,
7/17/84)
§6-208ANIMALS; ABANDONMENT,NEGLECT, AND CRUELTY;
DEFINTIONS.
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 municipality, or any other public official authorized by a city or
municipality to enforce state or local animal control laws, rules, regulations,
or ordinances. (Ref. 28-1008 RS Neb.) (Ord. No. 91-5,
3/5/91)
§6-209 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.) (Ord. No. 91-5, 3/5/91)
§6-210 ANIMALS; ABANDONMENT, NEGLECT, AND CRUELTY;
PENALTY
A person commits cruelty to animals if he
or she abandons, cruelly mistreats, or cruelly neglects an animal. Such
violations shall carry the penalties as stipulated in Section 6-401 0f this
Chapter. (Ref. 28-1009 RS Neb.) (Ord. 91-5,
3/5/91)
§6-211 ANIMAL; PITTING; DEFINITIONS.
Bearbaiting shall mean the pitting of any animal against a bear. Cockfighting
shall mean the pitting of a fowl against another fowl. Dog fighting shall mean
the pitting of a dog against another dog. Pitting shall mean bringing animals
together in combat. (Ref. 28-1004 RS Neb.) (Ord. 91-6,
3/5/91)
§6-212 ANIMALS; PITTING; PROHIBITED.
No person shall knowingly promote, engage in, or be employed at dog fighting,
cockfighting, bearbaiting, or pitting an animal against another. No person
shall knowingly receive money for the admission of another person to a place
kept for such purpose. No person shall knowingly own, use, train, sell, or
possess an animal for the purpose of animal pitting. No person shall knowingly
permit any act as described in this section to occur on any premises owned or
controlled by him or her. (Ref. 28-1005 RS Neb.) (Ord. No. 91-6,
3/5/91)
§6-213 ANIMALS; PITTING; SPECTATORS PROHIBITED.
No person shall knowingly and willingly be present at and witness as a spectator
dog fighting, cockfighting, bearbaiting, or the pitting of an animal against
another as prohibited in section 6-212. (Ref. 28-1005 RS Neb.) (Ord. No.
91-6, 3/5/91)
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