Banner County Nebraska

Resolution 14 - 09

Dogs at Large

BE IT RESOLVED that the Board of Commissioners, (BOARD) for Banner County (County), having been made aware of the fact a problem exists with dogs running at large in the Unincorporated Village of Harrisburg (Village) and Banner County (County) and with potentially dangerous dogs being kenneled or raised in the Village and County, there needs to be rules implemented regarding the same to give the Sheriff of Banner County (Sheriff) authority to deal with such.

IT IS THEREFORE RESOLVED that the following rules and regulations are hereby implemented and enacted by this RESOLUTION and the Sheriff shall be granted full and complete authority too enforce such rules and regulations and issue citations for violations of the same.

ARTICLE 1

DEFINITIONS

2 - 1 - 1. Generally Any terms defined in subsequent sections of the Article has the meaning, when used in this Chapter, which is given the term in the definition of this Article, unless the context clearly indicates otherwise.

2 - 1 - 2. At Large An animal shall be deemed to be at large when it is off or away from the premises of its owner, possessor or keeper, thereof and is neither in a receptacle, an enclosed vehicle, nor on a leash, cord, or chain.

2 - 1 - 4 Dog The term “dog” means any canine animal, male or female, sexed or neutered.

2 - 1 - 5 Own (an animal) The term “own” means, unless otherwise specified, to possess, keep, harbor, or have control of, charge of, or custody of an animal. The term shall not apply to animals owned by other persons which are temporarily maintained on the premises of a veterinarian or kennel operator for a period of not more than thirty (30) days.

2 - 1 - 6 Owner (of an animal) The term “owner” means any person possessing, keeping, harboring, or having control of, or permitting any animal to habitually be or remain on, or be lodged or fed within, such person’s house, yard, or premises. The term shall not apply to veterinarians or kennel operations temporarily maintaining on their premises animals owned by other persons for a period of not more than thirty (30) days.

2 - 1 - 7 Stray “Stray” means any domestic animal wondering at large or lost, escaped from its proper or intended place, with no identifying name tag, rabies tag, microchip, tattoo, ear tag, brand, or any other form of identification, and therefore, for which “No Owner” is known.

2 - 1 - 8 Vaccination against rabies The term “vaccination against rabies” means vaccination of a dog by a veterinarian with a rabies vaccine licensed by the United States Department of Agriculture on the effective date of this Article.

2 - 1 - 9 Valid certificate of rabies vaccination The term “valid certificate of rabies vaccination” means a certificate issued by a veterinarian who has vaccinated a dog against rabies, showing: 1. the owner’s name and address, 2. an adequate description of the dog, including but not limited to, such items as the dog’s breed, sex, age, name, and distinctive markings. 3. the date of vaccination, 4. the rabies vaccination tag number, 5. the type of rabies vaccine administered, and 6. the manufacturer’s serial number of the vaccine used. Provided, a certificate of vaccination shall be valid for purposes of avoiding impoundment of a dog if it is inspected by the Sheriff.

2 - 1 - 10 Valid rabies vaccination tag. The term “ valid rabies vaccination tag” means a metal rabies vaccination tag issued by a veterinarian showing vaccination of a dog against rabies, if the vaccination was with a vaccine that still is effective at the time when the dog is inspected by the Sheriff having authority to enforce this Article.

ARTICLE 2

DOMESTIC ANIMALS

2 - 2 - 1 Vaccination; required; exceptions It shall be unlawful for any person to own in the Village a dog that is four (4) months of age or older without: (1) having procured vaccination of the dog against rabies as provided in this Chapter. Provided, the provisions of this section shall not apply to any animal owned by a person temporarily remaining within the State of Nebraska for less than thirty (30) days, to any dog brought into the State for hunting purposes for a period of less than thirty (30) days, or to animals assigned to a research institution or similar facility.

2 - 2 - 2 Vaccination tags; attaching The owner of any dog shall attach to the collar or harness of the animal, in a manner that is permanent and such that the tags can readily be seen by the Sheriff having authority to enforce this Chapter, a valid vaccination tag.

2 - 2 - 3 Prohibited Acts At - Large Animal No animal shall be allowed to be at large off or away from the premises of its owner, possessor, or keeper thereof and is neither in a receptacle, an enclosed vehicle, nor on a leash, cord or chain within the limits of the Village. It shall be unlawful for the owner or person having control of any animal to fail to remove and sanitarily dispose of feces or defecation deposited by said animal on any public park, street, alley, sidewalk, or other public property, or on any private property other that that of the owner of the animal.

2 - 2 - 4 Violation Any person in violation of this Article for the first time shall be required to pay a mandatory minimum fine of $25.00 upon conviction. A second violation by the same person shall require a mandatory minimum fine of $50.00. A third violation by the same person shall require a mandatory minimum fine of $100.00. If the person convicted has been previously convicted of a third violation of this Article, then, in addition to any mandatory minimum fine, the dog involved in the subsequent violation shall be immediately confiscated by the County and taken to the Panhandle Humane Society in Scottsbluff, NE and the owner shall be responsible for all costs of the care of the animal provided by the Society. Any stray shall be taken into custody and delivered to the Panhandle Humane Society in Scottsbluff, NE where it will be dealt with the same as any other stray that is in the custody of the Humane Society.

ARTICLE 3

DANGEROUS DOGS

2 - 3 - 1 Definitions Wherever used in this Article the following terms shall have the following meaning: 1. “Dangerous dog” shall mean any dog which meets one of the following criteria: a) is owned or harbored primarily or in part for the purposes of dog fighting; b) is trained for dog fighting c) according too the records of the County or Village has: (i) killed or inflicted severe injury on a human being on public or private property; or (ii) killed a domestic animal without provocation while the dog was off the owner’s property; or (iii) been previously determined to be a potentially dangerous dog by the Village in accordance with procedures established elsewhere in this Article 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. Not withstanding the foregoing, a dog shall not be defined as a dangerous dog: a) if the threat, any injury that is not a severe injury,or the damage was sustained by a person who: (i) at the time, was committing a willful trespass as defined in the statues of Nebraska or any other tort upon the property of the owner of the dog; or (ii) at the time was tormenting, abusing, or assaulting the dog; or (iii) who has in the past been observed or reported to have tormented, abused, or assaulted the dog; or (iv) at the time was committing or attempting too commit a crime; or (b) if the dog is a trained dog assisting a law enforcement officer engaged in law enforcement duties. 2. “Owner”, in addition to the definition given the work elsewhere in this Chapter, shall include a person temporarily in possession of the dog at the request of the owner of the dog as shown on any microchip. 3. “Potentially dangerous dog” shall mean: a) Any dog that when unprovoked: (i) inflicts a non - severe injury on a human or injuries on a domestic animal either on public or private grounds other than where the dog resides, or any public grounds in a menacing fashion or apparent attitude of attack. (ii) chases or approaches a person upon streets, sidewalks, or any private grounds in a menacing fashion or apparent attitude of attack. 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. 4) “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. 5) “Microchip or Microchipped” shall mean the device or implantation of the device, authorized by, and generally accepted by, the veterinary community, to be permanently implanted in the dog, allowing for permanent identification of the dog and the dog’s owner, via scanning and reading of the microchip through the dog’s skin, hair, or fur.

2 - 3 - 2 Identification by County; Notice, Procedure to dispute 1) A determination that a specific dog is a potentially dangerous dog shall be made by the County Attorney who is principally charged with the responsibility of filing complaints against persons charged with the violation of the Resolution. The owner of the dog shall be given written notice of such determination. Such written notice shall inform the owner that if the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals, the County may determine the dog to be a dangerous dog and require it to be restrained as provided in the Resolution. 2) The County Attorney, in his discretion, may determine that any dog which satisfies the definition of a dangerous dog as defined elsewhere in the Article, or any dog which has been determined to be potentially dangerous and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals is a dangerous dog. Such determination shall be made by the County Attorney who is principally charged with the responsibility of filing complaints against persons charged with the violation of any provision of this Resolution. The owner of the dog shall be given written notice of such determination. The notice shall be in writing and shall inform the owner: a) That the dog has been determined to be dangerous; b) That such dog is required to be restrained and confined as described in this Article. c) That if the owner disputes the identification of the dog as a dangerous dog, he or she may submit a written request for a hearing to the BOARD within five (5) working days after receipt of the written notification; d) That if no such hearing is requested that the identification of the dog as a dangerous dog shall be final and not subject too further review. 3) The timely request for a hearing under this section shall stay the determination of the dog as a dangerous dog until a final decision is made by the BOARD. The hearing shall be held before the BOARD. The burden of going forward with the evidence shall be on the BOARD to demonstrate that the dog meets one of the criteria defined in this section. After such hearing the BOARD shall have the authority to affirm, reverse, or modify the identification of the dog as a dangerous dog. The failure of the owner to request such a hearing shall result in the dog being declared a dangerous dog.

2 - 3 - 3 Restraint required No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length.

2 - 3 - 4 Confinement required; warning sign 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 structure, it 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 the informs persons that a dangerous dog is on the property.

2 - 3 - 5 Microchip The owner, must as soon as reasonably possible, but no later than fourteen (14) days after the designation of confirmation of the dangerous dog designation, have the dog micro chipped with an approved device, as defined by this Article. If the dog has been seized or impounded, the owner must arrange for the dog to be micro chipped before or at the time of release from custody of the Panhandle Humane Society. The name of the microchip manufacturer and identification number of the microchip must be provided to the Sheriff. If the microchip is not implanted by the owner, it may be implanted by the Panhandle Humane Society or a qualified veterinarian under the direction of the Panhandle Humane Society. In any case, all costs related to the implantation of the microchip must be borne by the dog’s owner and must be paid before the dog shall be release from impound.

2 - 3 - 6 Prohibited acts No person shall: 1. own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging that dog to unprovoked attacks upon human beings or domestic animals. 2. Possess with intent to sell, offer for sale, breed, buy or attempt to buy, within the Village any dangerous dog.

2 - 3 - 7 Confiscation; when; costs Any dangerous dog may be immediately confiscated by the Sheriff if the owner is in violation of this Article. Any dangerous dog may also be confiscated if, within two (2) weeks immediately proceeding the date of confiscation, it was observed in a condition when it was not properly confined or restrained as provided in this Article. The owner shall be responsible for the costs incurred by the Panhandle Humane Society for care of a dangerous dog confiscated by the Sheriff or for the destruction of any dangerous dog if the action by the County is pursuant to law and if the owner violated this Article. Any such dog shall be restrained by the Panhandle Humane Society pending the order of an appropriate court.

2 - 3 - 8 Disposal by court order In addition to any other penalty, a court may order the County to dispose of a dangerous dog in an expeditious and humane manner.

2 - 3 - 9 Violation; destruction of dog The violation of any provision of this Article is a Class I violation. Provided, that any person in violation of this Article for the first time shall be required to pay a mandatory minimum fine of $500.00 upon conviction. Any second or subsequent violation by the same person shall also require a mandatory minimum fine of $500.00. If the person convicted has been previously convicted of a violation of the Article, then, in addition to any mandatory minimum fine, the dog involved in the subsequent violation shall be immediately confiscated by the Sheriff or other agency at the Sheriff’s request, taken to the Panhandle Humane Society and thereafter destroyed in a humane and expeditious manner.

ARTICLE 4

RABIES CONTROL

2 - 4 - 1 Dog suspected of rabies; confinement; fee; release; destruction Any dog suspected by the Sheriff of being afflicted with rabies, or any dog that as bitten any person, causing an abrasion of the skin of the person, and for which a valid certificate or rabies vaccination is not exhibited, shall be impounded by the Sheriff or other agency directed by him and delivered to the Panhandle Humane Society and, provided, if after diligent inquiry for a period of twenty - four (24) hours, ownership of such dog or a valid certificate of rabies vaccination cannot be determined, the Sheriff may cause such dog to be destroyed. Any dog that has bitten any person, causing an abrasion of the skin of the person, but for which a valid certificate of rabies vaccination is exhibited, shall be confined by the owner or some other responsible persons, as required by the Sheriff, for a period of not less then ten (10) days. At the expiration of such period, the dog shall be examined by a veterinarian. If no symptoms of rabies then are observed by the veterinarian, the dog, upon payment of fees and charges and, as the case may be, execution of an agreement as provided in this section, may be released; otherwise, the dog shall be destroyed. Fees shall be paid and, if the dog has not been licensed or a valid certificate of rabies vaccination is not exhibited, the person to whom the dog is to be released shall be responsible for all fees and costs.

2 - 4 - 2 Dog bitten and rabid animal; confinement; release; destruction If a dog is known to have been bitten by a rabid animal, and a valid certificate of vaccination of the dog against rabies is not exhibited, the dog shall be destroyed unless the owner agrees in writing with the County that the owner will confine the dog in strict isolation in a kennel under veterinary supervision for a period of not less than six (6) months. If a valid certificate of vaccination of the dog against rabies is exhibited, the dog nevertheless shall be destroyed. 1. unless the dog is immediately re-vaccinated, a valid certificate of re-vaccination immediately exhibited, and the owner agrees in writing with the Village immediately to confine the dog for a period of not less than thirty (30) days following the re-vaccination, or 2. if the dog is not immediately re-vaccinated and a valid certificate of re-vaccination immediately exhibited, unless the owner agrees in writing with the Sheriff immediately to confine the dog in strict isolation in a kennel under veterinary supervision for a period of not less than six (6) months. If the owner fails to comply with an agreement entered into as provided in this section, the dog shall be take to the Panhandle Humane Society for destruction.

Dated this 1st day of July, 2014.

Moved for approval and adoption by Post. Second by Gifford.

Roll call vote: Faden, aye; Post, aye; Gifford, aye;

Board of Commissioners

Banner County, Nebraska

/s/ Robert Gifford

/s/ Robert Post

/s/ John Robert Faden

Attest: /s/ Lori Hostetler