ORDINANCE NO. 663
OF THE
CITY OF ELGIN, NEBRASKA
AN ORDINANCE OF THE CITY OF ELGIN, ANTELOPE COUNTY, NEBRASKA, TO AMEND CERTAIN ORDINANCES OF THE MUNICIPAL CODE TO REVISE AND PROVIDE FOR RULES AND REGULATIONS REGARDING THE POSSESSION, HARBORING AND REGULATION OF DOGS WITHIN THE CITY LIMITS; REPEALING ALL ORDINANCES IN CONFLICT; TO ESTABLISH WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND TO PROVIDE FOR PUBLICATION OF THIS ORDINANCE IN ACCORDANCE WITH STATE LAW.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, NEBRASKA:
A. Section 1. The following Ordinances in Chapter 3, Article 2, of the Elgin Municipal Code are hereby amended, adopted and shall be incorporated to read and provide as follows:
SECTION 3-204: DOGS; RUNNING AT LARGE; PENALTY
A. It shall be unlawful for the owner of any dog to allow such dog to run at large at any time within the corporate limits of the City of Elgin, Nebraska. “Running at large” shall mean any dog found off the premises of the owner, and not under the control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint.
B. Any person who suffers or permits his/her dog, whether it be male or female, to run at large within the corporate limits of the City of Elgin, Nebraska is hereby deemed to be guilty of a misdemeanor and upon conviction thereof shall be fined as follows: (a) for the first violation, a penalty in the sum of $50.00; (b) for a second violation within a twenty four (24) month period, a penalty in the sum of $100.00; (c) for a third violation within a twenty-four (24) month period, a penalty in the sum of $250.00; and (d) for a fourth violation and each subsequent violation within a twenty-four (24) month period, a penalty in the sum of $500.00. Additionally, in absolute discretion of the city police, such dog found running at large may be picked up and impounded in a suitable place to be provided by the City until it is released to the owner or until it is disposed of as provided in Section 3-222.
SECTION 3-216: CONFINEMENT TO OWNER’S PREMISES
A. It shall be unlawful for the owner for any dog within the municipal limits of Elgin, Nebraska to fail to keep the dog securely in or upon the owner’s premises and property unless accompanied by the owner, custodian or person responsible for any dog, of suitable age and physical stature to control the dog, and under the control of the owner, custodian or person responsible either by a humane leash, cord, chain, rope, cage or other humane and suitable means of physical restraint.
B. When an owner’s dog is in or upon the owner’s premises and is not under the control of an owner, custodian or person responsible for the dog, at least nineteen (19) years of age or older, the dog shall be securely tethered or in an enclosure sufficient to contain the dog at all times as provided more specifically in Section 3-216(c) and Section 3-216(D).
C. When a dog is not restrained by an enclosure, each dog shall be separately tethered . The tether shall:
1. Be at least five (5) times the length of the animal’s body as measured from the tip of the nose to the base of the tail;
2. Terminate at each end with a swivel;
3. Weigh no more than one-eighth (1/8) of the animal’s weight;
4. Be free from tangles;
5. Prevent strangulation or injury; and
6. Prevent the animal from being within ten (10) feet from the edge of any public street or sidewalk or from any property line of the owner,
whichever is closer.
D. When a dog is restrained by an enclosure, each dog shall be securely confined, in a humane manner, in a securely enclosed and locked pen or structure, including a fence, 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 shall not include an underground fencing system. The pen or structure shall be at least ten (1 0) feet from the edge of any public street or sidewalk or from any property line of the owner, whichever is closer.
SECTION 3-217: DANGEROUS DOGS; DEFINITIONS
“Animal Control Authority” shall mean any entity and/or person(s) authorized to enforce the animal control laws of the City of Elgin, Nebraska and includes, but not limited to, any law enforcement agency designated by the City of Elgin, Nebraska to enforce the animal control laws of the City of Elgin, Nebraska.
“Animal Control Officer” shall mean any individual employed, appointed, or authorized by the animal control authority for the purpose of aiding in the animal control laws of the City of Elgin, Nebraska or any other 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.
“Owner” shall mean any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping , or having control or custody of a dog consistent with Section 3-201.
“Dangerous Dog” shall mean any dog that, according to the records of the animal control authority:
A. Has killed or inflicted severe injury on a human being on 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, 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.
D. Notwithstanding the foregoing, a dog shall not be defined as a dangerous dog:
1. 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 or reported to have tormented, abused, or assaulted the dog;
2. 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 to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime; or
3. If the dog is a trained dog assisting a police officer engaged in law enforcement duties.
“Potentially Dangerous Dog” shall mean any dog that, when unprovoked:
A. Inflicts a non-severe injury on a human being that does not require medical treatment;
B. Injures a domestic animal;
C. Chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
D. Any specific dog with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of human or domestic animals.
“Medical Treatment” shall mean any treatment administered by a physician or other licensed health care professional that results in sutures, surgery or treatment for one or more broken bones.
“Severe injury” shall mean any physical injury that results in disfiguring lacerations requiring multiple sutures, cosmetic surgery, one or more broken bones or that creates a potential danger to the life or health of the victim.
“Domestic Animal” shall mean a cat, a dog, or livestock.
SECTION 3-218: DANGEROUS DOGS; RESTRAINED; MUZZLE
No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is under the control of person nineteen (19) years of age or older, restrained securely by a chain or leash no longer than six (6) feet, and properly muzzled to reasonably prevent the animal from biting.
SECTION 3-219: CONFINEMENT; WARNING SIGNS
A. No person, firm, partnership, limited liability company, or corporation shall own, keep, 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 in an enclosure, as described in Section 3-220(B), so as to protect the public from injury.
B. 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 (10) inches by twelve (12) inches and shall contain the words warning and dangerous animal in high-contrast lettering at least three (3) inches high on a black background.
SECTION 3-220: SPAYING AND NEUTERING; MICROCHIP AND LICENSE; CONFINEMENT; AND TRANSPORTATION
A. All dangerous dogs shall be spayed or neutered and implanted with microchip identification by a licensed veterinarian at the owner’s expense no less than thirty (30) days after such declaration. The cost of both procedures is the responsibility of the owner of the dog. Written proof of both procedures and the microchip identification number shall be provided to the city clerk after the procedures are completed.
B. 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 at a depth of at least one (1) foot. The pen or structure shall also protect the dog from the elements. The pen or structure shall be at least ten (1 0) feet from any property line of the owner. No dangerous dog shall be securely confined in a locked pen or structure, in excess of fifteen (15) minutes at any one time unless an owner, custodian or person responsible for the animal, nineteen (19) years of age or older, is present in the same yard in which the animal is otherwise in or upon the owner’s premises in an enclosure _sufficient to contain the dog at all times.
C. No owner of any dangerous dog shall transport such dog or permit such dog to be transported to another county, city, or village in this state, except for a reasonable veterinary purpose or for the purpose of permanent relocation of the owner outside of the city limits of Elgin, Nebraska.
SECTION 3-221: IMPOUNDMENT AND DISPOSITION OF DANGEROUS DOGS; VIOLATION; PENALTY
A. Any dangerous dog may be immediately confiscated and impounded by an animal control officer as provided by Section 3-222, until it is released to the owner or until it is disposed of as provided by this Article, if the owner is in violation of Section 3-218, Section 3-219, or Section 3-220, and said officer may enter upon private property in order to confiscate the animal. In lieu of confiscation, the animal control officer may immediately destroy the dangerous dog if it poses a threat of harm to said officer or any other person or property. The owner shall be responsible for the costs incurred by the Animal Control Authority for the care and boarding of a dangerous dog confiscated by an animal control
officer or for the destruction of any dangerous dog if the owner violated Section 3-218, Section 3-219, or Section 3-220.
B. The owner of any dog who violates the provisions of Section 3-218, Section 3-219, or Section 3-220 shall be guilty of a misdemeanor and shall be fined as follows: (a) for a first violation, a penalty in the sum of $250.00; (b) for a second violation within a twenty-four (24) month period, a penalty in the sum of $350.00; and (c) for a third violation within a twenty-four (24) month period and each subsequent violation thereafter, a penalty in the sum of $500.00. The Court, in addition the penalty provided, may order such disposition of the dangerous dog as may seem reasonable and proper including an order to destroy the offending animal. If the Court orders the dog destroyed, the dog shall be immediately impounded by the animal control officer at the expense of the owner, until the time to perfect an appeal has expired or until the owner consents to the destruction of the animal.
C. If a dangerous dog belonging to an owner with a prior conviction under Section 3-218, Section 3-219, or Section 3-220 attacks or bites a person or another domestic animal, the dangerous dog shall be immediately confiscated by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
SECTION 3-222: IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS
A. It shall be the duty of the animal control officer to capture, secure, and remove in a humane manner to the City’s animal shelter any animal in violation of any of the provisions of this Article. Every animal so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded dog shall be kept and maintained at the pound for a period of five (5) days, unless reclaimed earlier by the owner. Notice of impoundment of all animals, including any significant marks or identification, shall be posted at the office of the City’s
Clerk within twenty-four (24) hours after impoundment as public notification of such impoundment; provided, if the owner of the dog is known, the Clerk may also attempt to personally notify the owner of the impoundment.
B. Any animal may be reclaimed by its owner during the period of impoundment by payments of the costs of impoundment and cost of providing notice. The owner shall then be required to comply with the licensing and rabies vaccination requirements within seventy-two (72) hours after release.
C. If the dog is not claimed at the end of the required waiting period after notice has been given, the City may sell, give away, donate or destroy the animal.
SECTION 3-223: INTERFERENCE WITH ANIMAL CONTROL
It shall be unlawful for any person to hinder, delay, or interfere with any city police officer who is performing any duty enjoined upon him/her by the provisions of this Article or to break open or in any manner directly or indirectly aid, counsel, or advise the breaking open of the animal shelter, any ambulance wagon, or other vehicle used for the collecting or conveying of animals to the shelter
B. Section 2. Any other ordinances in conflict with the terms hereof are hereby repealed.
C. Section 3. This ordinance shall be in full force and effect on and after its passage, approval, and publication as provided by State Law.
PASSED AND APPROVED this 1st day of November, 2021.
BY MIKE SCHMITT
Mayor
ATTEST:
KRISTIN L. CHILDERS
City Clerk
PUBLISH: November 11, 2021
ZNEZ
