Sec. 4-1.  Definitions. 

 

For the purpose of this chapter, the following definitions shall prevail:

 

Animal control authority:  The term "animal control authority," wherever used in this chapter, shall mean the entity authorized to enforce the animal control laws of the city.

 

Animal control officer:  The term "animal control officer," wherever used in this chapter, shall mean the individual designated by the chief of police to have responsibility and authority for enforcing all provisions of this chapter.

 

Anti-escape:  The term "anti-escape," wherever used in this chapter, shall mean any housing, fencing, or a device which a dog cannot go over, under, through, or around.

 

Domestic animal:  The term "domestic animal," wherever used in this chapter, shall mean a cat, a dog, or livestock.  Livestock includes buffalo, deer, antelope, fowl, and any other animal in any zoo, wildlife park, refuge, wildlife area, or nature center intended to be on exhibit.

 

Dangerous dog:  The term "dangerous dog," wherever used is this chapter, shall mean (a) a dog that, according to the records of an animal control authority: (1) has killed a human being; (2) has inflicted injury on a human being that requires medical treatment; (3) has killed a domestic animal without provocation; or (4) has been previously determined to be a potentially dangerous dog by an animal control authority, the owner has received notice of such determination, and the dog inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the safety of humans or domestic animals.

(b)(1) A dog shall not be defined as a dangerous dog under subdivision (a)(2) of this section if the individual was tormenting, abusing, or assaulting the dog at the time of the injury or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog.  A dog shall not be defined as a dangerous dog under subdivision (a)(4) of this section if the injury, damage, or threat was sustained by an individual who, at the time, was committing a willful trespass, was committing any other tort upon the property of the owner of the dog, was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.

 

Guard dog:  The term "guard dog," wherever used in this chap­ter, shall mean any dog that is utilized to protect commercial or industrial property or place of business.

 

Medical treatment:  The term "medical treatment," wherever used in this chapter, shall mean treatment administered by a physician or other licensed health care professional.

 

Own:  The term "own," as used in this chapter, unless other­wise indicated in the text, shall be deemed to mean and include own, keep, harbor, or have charge, custody, or control of a dog, cat or other animal.

 

Owner:  The term "owner," as used in this chapter, shall mean any person or persons, firm, association, or corporation owning, keeping, or harboring a dog, cat or other animal.

 

Person:  The term "person" shall mean and include any indi­vidual, firm, corporation, association, or partnership.

 

Potentially dangerous dog:  The term "potentially dangerous dog," wherever used in this chapter, shall mean (a) any dog that when unprovoked (1) inflicts an injury on a human being that does not require medical treatment, (2) injures a domestic animal, or (3) chases or approaches a person upon streets, sidewalks, or any public grounds in a 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. 

 

Source: Ord. No. 3523, § 2, 2-1-88; Ord. No. 5023, § 1, 8-18-08

 

Sec. 4-4.  Keeping of livestock.

 

(a)   It shall be unlawful for any person to keep or possess live­stock upon his or her own premises or the premises of any person or for any person to allow any livestock to be kept on his or her premises within the city unless:

 

(1)        The livestock is used for agricultural or farming use and complies with all conditions or requirements set forth in Chapter 27, or

 

(2)        The livestock is used for recreational use in which case the keeping or possession shall comply with all conditions or requirements contained in Chapter 27.

 

(3)        Hens, bantam hens, or ducks are kept under a valid permit obtained from the city pursuant to Sec. 27-295 of this Code.

 

(b)   Nothing in this section shall preclude (1) the transporting of livestock over roadways located within the city, (2) keeping or possessing livestock on the business premises of a licensed veter­inarian, (3) keeping or possessing livestock for sale from a loca­tion within the city where livestock sale is allowable, (4) keeping or possessing livestock for a period of up to twenty-four (24) hours immediately prior to slaughter at a location within the city where livestock slaughter is allowable, or (5) a person from riding an animal or driving an animal-drawn vehicle on a roadway so long as the person complies with section 24-4 and subsection (d) as set forth herein.

 

(c)   For purposes of this section, livestock shall mean any horse; mule; donkey; burro; cow; turkey, goose, duck, chicken, pigeon, quail, peafowl, pheasant, emu, ostrich, or other fowl; sheep; pig or swine; goat; llama, alpaca, or other camelid; or caribou, reindeer, or other cervine animal; and shall include any dwarf or miniature variety of the same.

 

(d)   Any individuals or organization having a parade, circus, carnival, exposition or display that includes livestock as defined herein shall obtain approval of the city council for their desired activities in addition to paying any fees or obtaining any insur­ance required by this Code. 

 

Source: Ord. No. 3523, § 5, 2-1-88; Ord. No. 3908, § 1, 11-2-92; Ord. No. 4776, § 1, 1-18-05; Ord. No. 5825, § 1, 4-3-23;

 

Sec. 4-5.  Keeping of wild birds or animals; liability.

 

(a)   No person or persons shall keep or permit to be kept on his, her or their property any wild birds or wild animals without first having obtained a permit therefor as required by sections 37-478 or 37-479, and 37-497 to 37-4,103 of the Nebraska Revised Statutes of 1943, as the same may from time to time be amended.

 

(b)   The owner or owners of any wild animal as set forth in subsection (a) shall be liable for any personal injury and/or dam­age to any real or personal property done by his, her or their animal.

 

(c)   Any person or persons who keep or allow to be kept on his, her or their property any wild animal as set forth in subsection (a) without the required permit shall be guilty of an offense and shall be subject to the penalty as set forth in section 1-16 of this Code. 

 

Source: Ord. No. 3523, § 6, 2-1-88; Ord. No. 5298, § 1, 6-16-14;

 

Sec. 4-9.  Issuance of license.

 

The police division shall issue a dog or cat license to the owner of such dog or cat, upon request and at no cost, only after presentation of a valid rabies certificate showing that the dog or cat has a current immuniza­tion for rabies following the latest recommendations of the United States public health service.

 

The license shall set forth the following information:

 

(1)       The name and address of the owner of the dog or cat;

 

(2)       The license number of the tag issued for such dog or cat;

 

(3)       The breed, age, color, name and sex of the dog or cat;

 

(4)       Such other information as the city may require for the purpose of identification.

 

At the same time, the police division shall deliver to the owner a metallic license tag, furnished by the city, bearing the license number shown on the license.  Such tag shall have die-stamped thereon the license number, the words "Norfolk pet tag," and the expiration date.  The metal tag so issued shall be attached to and kept upon the collar or harness of the dog or cat so licensed by the owner.

 

Said license once issued in duplicate, shall be delivered to the owner of the dog or cat, who shall retain it as evidence of the license.

 

Source: Ord. No. 3523, § 10, 2-1-88; Ord. No. 5659, § 2, 4-6-2020;

 

Sec.  4-18.  Aggressive dogs or cats.

 

(a)   It shall be unlawful for any person to own, or allow to be in or upon any premises occupied by him or her or under his or her charge or control any dog or cat of an aggressive, dangerous, or ferocious disposition as manifested by biting, habitual snapping, scratch­ing, or growling, or otherwise acting so as to endanger a person or property without said dog or cat being securely fastened within the premises of the owner by a chain, or confined by an appropriate fence or enclosure, so that the dog or cat cannot be closer than six (6) feet from the public sidewalk and cannot go beyond the property line of the owner, and secured in such a manner that it does not cause injury or pose a threat of injury to any person or the property of any person who is lawfully on the premises of the owner.  If, upon the hearing or trial of any offense mentioned in this chapter, it shall appear to the court that said dog or cat is still living, said court may, in addition to the usual judgment of conviction, order the chief of police to forthwith put the dog or cat to death.  It shall be unlawful for any person to tease, annoy, or irritate any such dog or cat chained, or confined by an appropriate fence or enclosure, as hereinbe­fore described and which is within the owner's premises.  For the purpose of this section, any dog owned or harbored primarily or in part for the purpose of dog-fighting or any dog trained for dog-fighting shall be defined as an aggressive dog.

 

(b)   In the event the judge shall, pursuant to this section, at hearing or trial order an animal put to death, the animal shall immediately be impounded by the animal control officer or a police officer if prior to the hearing or trial the animal was not previously impounded.

 

(c)   Upon an order of destruction of an animal by the judge pursuant to this section, the animal to be destroyed shall be impounded and shall not actually be destroyed until:

 

(1)       The time to perfect an appeal to the district court has expired, or;

 

(2)       The owner of the animal to be destroyed signs a written declaration indicating that the order of the court pertain­ing to destruction will not be appealed and that the owner consents to the destruction of the animal.

 

(d)   During the time the animal to be destroyed is being held pursuant to subparagraph (c) above, the owner shall continue to be responsible for the costs of impoundment as provided in this chapter. 

 

Source: Ord. No. 3523, § 19, 2-1-88; Ord. No. 5601, § 1, 2-19-19; Ord. No. 5859, § 1, 11-20-23;

 

Sec. 4-19.  Registration and housing of guard dogs.

 

(a)   Each guard dog used within the City of Norfolk shall be licensed as hereinbefore provided and registered with the police division as such a guard dog.  For registration, the following information shall be provided:

 

(1)       The business name, address, and telephone number of the commercial or industrial property or place of business where the guard dogs are to be used;

 

(2)       The name, address, and telephone number of the dog's handler(s) who can be reached at any time during the day or night.  For the purpose of this section, a handler is a person who is responsible for and capable of controlling the operations of a guard dog;

 

(3)       The location where the dog is to be housed and a general description of its use;

 

(4)       It shall be the responsibility of the owner of said guard dog to notify the police division of any changes recorded as part of the registration.

 

(b)   Housing and facilities where the guard dog is utilized shall have anti-escape fences completely surrounding it, and/or be an anti-escape building sufficient to house guard dogs.  All gates and entrances to the area where the guard dog is housed, used, or trained shall be kept locked when not in use and clearly marked with signs warning of such guard dog.  The chief of police may require additional measures be taken to protect the public from accidental contact with any guard dog. 

 

Source: Ord. No. 3523, § 20, 2-1-88; Ord. No. 5659, § 4, 4-6-2020;

 

Sec. 4-20.  Impoundment; confinement by owner; test authorized.

 

(a)   Any animal which is owned by a person and has bitten any person or caused an abrasion of the skin of any person shall be seized by the rabies control authority for a period of not less than ten (10) days if:

 

(1)       The animal is suspected of having rabies, regardless of the species and whether or not the animal has been vaccinated;

 

(2)       The animal is not vaccinated and is of a species deter­mined by the State Department of Health to be a rabid species; or

 

(3)       The animal is of a species which has been determined by the State Department of Health to be a rabid species not amendable to rabies protection by immunization, whether or not such animal has been vaccinated.

 

If, after observation and examination by a veterinarian, at the end of the ten-day period the animal shows no clinical signs of rabies, that animal may be released to its owner.

 

(b)   Whenever any person has been bitten or has an abrasion of the skin caused by an animal owned by another person, which animal has been properly vaccinated as required by this chapter, or if such injury to a person is caused by an owned animal determined by the State Department of Health to be a rabid species amenable to rabies protection by immunization which has been vaccinated, such animal shall be confined by the owner or other responsible person as required by the City for a period of at least ten (10) days and shall be observed and examined by a licensed veterinarian at the end of such ten-day period.  The ex­amining veterinarian shall provide the owner or the responsible person with a signed certificate indicating that the animal exam­ined is not rabid.  The certificate signed by the examining veteri­narian shall be returned to the Norfolk Police Division within seventy-two (72) hours of the examination.  Failure to return the signed certificate shall constitute a separate offense under this chapter.  If no clinical signs of rabies are found by the veterinar­ian and the signed veterinarian certificate provided for herein is issued then such animal may be released from confinement.  If the owner, during the ten-day confinement period, fails to confine the animal as instructed by the city, the animal shall be subject to being impounded by the city and failure to properly confine the animal as set forth herein shall constitute a separate offense.

 

(c)   Any animal of a rabid species which has bitten a person or caused an abrasion of the skin of a person and which is unowned or the ownership of which cannot be determined within seventy-two (72) hours of the time of the bite or abrasion shall be immedi­ately subject to any tests which the State Department of Health believes are necessary to determine whether the animal is af­flicted with rabies except where an abrasion of the skin on the head of a person has occurred; then in that instance, the animal shall immediately be subject to any tests which the State De­partment of Health believes is necessary to determine whether the animal is afflicted with rabies.  The time period set forth herein shall include holidays and weekends and shall not be extended for any reason.  The tests required by this subsection may include tests which require the animal to be destroyed.

 

(d)   Any animal showing clinical signs of rabies upon examina­tion as provided herein shall be subject to rabies verification procedures commonly utilized by the State Department of Health.  The tests required by this subsection may include tests which require the animal to be destroyed. 

 

Source: Ord. No. 3523, § 21, 2-1-88

 

Sec. 4-21.  Dog or cat bitten by a rabid animal; disposition.

 

In the case of a dog or cat known to have been bitten by a rabid animal, the following rules shall apply:

 

(1)       If bitten or exposed dog or cat has not been vaccinated in accordance with the provisions of this chapter, such bitten or exposed dog or cat shall be immediately destroyed un­less the owner is willing to place such domestic animal in strict isolation in a kennel under veterinary supervision for a period of not less than six (6) months; and

 

(2)       If the bitten or exposed dog or cat has been vaccinated in accordance with this chapter, such domestic animal shall be subject to the following procedure:

 

(a)       Such dog or cat shall be immediately revaccinated and confined for a period of not less than thirty days fol­lowing vaccination;

 

(b)       If such dog or cat is not immediately revaccinated, such dog or cat shall be confined in strict isolation in a kennel for a period of not less than (6) months under the supervision of a veterinarian; or

 

(c)       Such dog or cat shall be destroyed if the owner does not comply with either subdivision (a) or (b) of this subdivision. 

 

Source: Ord. No. 3523, § 22, 2-1-88

 

Sec. 4-23.  Impoundment of animals.

 

(a)   Any police officer or animal control officer may impound a dog, cat or other animal that is in violation of this chapter and may hold said dog, cat or other animal until the court hearing on the offense is over.

 

(b)   Any person whose property has been trespassed upon by any dog, cat or other animal in violation of this chapter or who observes a dog, cat or other animal killing, chasing or injuring livestock, domestic pets, or persons, may immediately apprehend that dog, cat or other animal and hold the dog, cat or other animal until it is delivered to an animal control officer or to any police officer.  Any person who so impounds a dog, cat or other animal must immediately notify the Norfolk Police Division of such impoundment and must turn the dog, cat or other animal over to a police officer or to the animal control officer unless the person impounding the animal identifies the owner of the animal or the person responsible for the animal and signs a statement provided by the police officer or animal control officer taking the responsibility upon themselves to return the animal to its owner or the person responsible for the animal.  Notwithstanding the provision of this subsection, any dog, cat or other animal other­wise subject to impoundment under the terms of this chap­ter may be impounded by the police officer or animal control officer.  Failure to notify the Norfolk Police Division within one hour of having impounded a dog, cat or other animal is an offense.

 

(c)   If an animal control officer or a police officer has probable cause to believe that a dog, cat or other animal is a potentially dangerous animal or a cross dog or cat as set forth in section 4-18 of this Code, then they may impound the dog, cat or other animal and hold the dog, cat or other animal until such hearing on said alleged violations, or until the dog, cat or other animal is disposed of pursuant to the impoundment provision of this chapter.

 

(d)   If an animal control officer or a police officer has probable cause to believe that any animal which is in an unoccupied motor vehicle may be in danger of dying, then they may enter the motor vehicle and impound the animal and leave a notice in the vehicle where the animal may be reclaimed. 

 

Source: Ord. No. 3523, § 24, 2-1-88

 

Sec. 4-24.  Holding impounded animals.

 

(a)   Notice of impoundment of any animal, including any sig­nificant marks of identification, shall be posted at the pound within twenty-four (24) hours after such animal is impounded, as public notification of impoundment.  In addition, the owner of any animal impounded, regardless of reason for impounding shall, if possible, be notified if such owner's identity and address can be ascertained upon reasonable investigation, within twenty-four (24) hours after such animal is impounded under any of the provisions of this chapter.  The notice shall inform the owner that the animal has been impounded and the purpose or reason for such impounding.

 

(b)  Any dog or cat not properly licensed or found running at large may be impounded.  All dogs or cats impounded because of not being properly licensed or for running at large shall be held for not less than seventy-two (72) hours, unless sooner redeemed or released as hereinafter provided; and if not so redeemed or released at the expiration of the time limit of seventy-two (72) hours, may be euthanized.

 

(c)   The licensed veterinarian or organization with whom the city council has contracted to enforce the provisions of this chapter, may hold any animal impounded in the impoundment facil­ity after the expiration of the time limit as set by this section for the purpose of finding a suitable home for such animal.  No such animal shall be released until the new owner has procured a license and metallic tag for such animal, if applicable, under the provisions of this chapter.

 

(d)   The owner of any animal which is impounded or destroyed under this chapter shall be held responsible for payment of the boarding fees, the impoundment fee, the expense incident to the impoundment for observation, or the cost of euthanization.  Fail­ure to pay such fee or expense to the city within fifteen (15) days after being billed for the same by the city shall constitute an offense. 

 

Source: Ord. No. 3523, § 25, 2-1-88; Ord No. 4774, § 1, 1-18-05

 

Sec. 4-25.  Pound fees; release from pound.

 

The owner of any animal confined in the pound may upon proper showing and identification reclaim the animal upon payment of a fee pursuant to Section 2-5 of this Code; provided, (1) the owner of the dog or cat shall have paid any required license fee and obtained the proper license and obtained any rabies vaccination required pursuant to this chapter before the dog or cat can be reclaimed or (2) the owner of the dog or cat or the person responsible for the dog or cat must sign a statement indicating that within seventy-two (72) hours of the release of the dog or cat, said person shall have paid any required license fee and obtained the proper license and any rabies vaccination required pursuant to this chapter.  Failure to obtain the license and/or the rabies vaccination within seventy-two (72) hours after release from impoundment shall constitute a separate offense.

 

The owner shall remain responsible for all penalties for violation of any of the provisions of this chapter.  All animals which have remained in the pound seventy-two (72) hours without being claimed or released may be destroyed in a humane manner, except as hereinbefore provided.  All animal owners residing at the same residence shall be treated as a single owner for purposes of determining the impoundment fee required under this section. 

 

Source: Ord. No. 3523, § 26, 2-1-88; Ord. No. 4601, § 1, 9-16-02; Ord. No. 5135, § 3, 9-7-10

 

Sec. 4-26.  Animal pound records and reports.

 

The chief of police shall keep accurate account of all animals received at the pound and released, showing the date and from whom received, the description of the animal, the name and address of the person or persons to whom the animal is released.  An accurate account and description of all animals destroyed shall be kept. 

 

Source: Ord. No. 3523, § 27, 2-1-88

 

Sec. 4-36.  Dangerous Dogs.

 

(a)   A dangerous dog that has been declared as such shall be spayed or neutered and implanted with a microchip identification number by a licensed veterinarian within thirty days after such declaration.  The cost of both procedures is the responsibility of the owner of the dangerous dog.  Written proof of both procedures and the microchip identification number shall be provided to the animal control authority after the procedures are completed.

 

(b)   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.

 

(c)   Except as provided in subsection (d) of this section or for a reasonable veterinary purpose, no owner of a dangerous dog shall transport such dog or permit such dog to be transported to another county, city, or village.

 

(d)   An owner of a dangerous dog may transport such dog or permit such dog to be transported to another county, city, or village for the purpose of permanent relocation of the owner if the owner has obtained written permission prior to such relocation from the animal control authority of the county, city, or village in which the owner resides and from the county, city, or village in which the owner will reside.  Each animal control authority may grant such permission based upon a reasonable evaluation of both the owner and the dog, including if the owner has complied with the laws of this state and of the county, city, or village in which he or she resides with regard to dangerous dogs after the dog was declared dangerous.  An animal control authority shall not grant permission under this subsection if the county, city, or village has an ordinance or resolution prohibiting the relocation of dangerous dogs.  After the permanent relocation, the animal control authority of the county, city or village in which the owner resides shall monitor the owner and such dog for a period of at least thirty days but not to exceed ninety days to ensure the owner's compliance with the laws of this state and of such county, city, or village with regard to dangerous dogs.  Nothing in this subsection shall permit the rescindment of the declaration of dangerous dog.

 

(e)   No person, firm, partnership, limited liability company, or corporation shall own, keep, or harbor or allow to be in or on any premises occupied by him, her, or it or under his, her, or its charge or control any dangerous dog without such dog being confined so as to protect the public from injury.

 

(f)   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 imbedded into the ground at a depth of at least one foot.  The pen or structure shall also protect the dog from the elements.  The pen or structure shall be at least ten feet from any property line of the owner.  The owner of a dangerous dog shall post warning signs on the property where the dog is kept that are clearly visible from all areas of public access and that inform persons that a dangerous dog is on the property.  Each warning sign shall be no less than ten inches by twelve inches and shall contain the words warning and dangerous animal in high-contrast lettering at least three inches high on a black background.  Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this section.  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 section.

 

(g)   Any person convicted of a violation of this section shall not own a dangerous dog within ten years after such conviction.  Any person violating this subsection shall be guilty of an offense, and the dog shall be treated as provided in subsection (h) of this section.

 

(h)   If a dangerous dog of an owner with a prior conviction under this section attacks or bites a human being or another domestic animal, the owner shall be guilty of an offense.  In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

 

Source: Ord. No. 5023, § 2, 8-18-08