Article 3 - Animals Generally
Article 3 – Animals Generally
SECTION 3-301: LIVESTOCK PROHIBITED
SECTION 3-302: RUNNING AT LARGE
SECTION 3-303: UNUSUAL ANIMALS PROHIBITED
SECTION 3-304: RABIES SUSPECTED; CAPTURE IMPOSSIBLE
SECTION 3-301: LIVESTOCK PROHIBITED
A. It shall be unlawful for any person to keep or maintain within the corporate limits any horse, mule, sheep, cow, goat, swine, fowl or other livestock except as allowed in subsection (B) of this section.
B. Livestock may be kept or maintained within the city limits if same is zoned agricultural and complies with the city zoning ordinance.
C. Notwithstanding animals prohibited by this section, the City Council at its sole discretion may provide a special permit with restrictions and/or requirements allowing for a certain animal or animals to be maintained within the city limits. (Neb. Rev. Stat. §17-547) (Ord. No. 17-05-01, 5/23/17)
SECTION 3-302: RUNNING AT LARGE
It shall be unlawful for the owner, keeper, or harborer of any animal or any person having charge, custody, or control thereof to permit a horse, mule, cow, sheep, goat, swine, fowl, 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 a manner so as to allow such animal to reach or pass into any public way. (Neb. Rev. Stat. §17-547) (Ord. No. 09-12-02, 12/22/09)
SECTION 3-303: UNUSUAL ANIMALS PROHIBITED
A. It shall be unlawful for any person or persons to own, keep, or harbor any unusual animal within the corporate limits of the city, except that this section shall not be construed to prohibit a public zoo, circus, humane society, or carnival from displaying unusual animals as exhibits or to prohibit any wildlife rescue organizations with appropriate permits from the Nebraska Game and Parks Commission from rehabilitating or sheltering unusual animals.
B. It shall be unlawful for any person or persons to sell, give away, transfer or import into the city any unusual animal as defined in this section, excluding a public zoo from doing business with another public zoo.
C. In the event the city police chief, police officer or other law enforcement officer determines an unusual animal is being owned, kept or harbored by any person in violation of this section, the officer may have such person prosecuted for such violation and shall order such person to remove said unusual animal from the city or destroy it. Such order shall be contained in a written notice to remove or destroy said unusual animal within ten days and shall be delivered in person or by certified mail, return receipt requested. If the owner or person keeping or harboring of such unusual animal shall have failed to remove or destroy such unusual animal after the expiration of ten days from the receipt of said notice and no appeal is taken, the city shall have such unusual animal destroyed.
D. For the purposes of this section, the following definitions shall apply:
1. “Unusual animal” shall mean any poisonous or potentially dangerous animal not normally considered domesticated and shall include animals prohibited by the city or federal requirements, and also:
a. Class Mammalia; order Carnivora, family Felidae (such as lions, tigers, jaguars, leopards, bobcats and cougars), except commonly accepted domestic cats and hybrids involving the same; family Canidae (such as wolves, coyotes, and fox), except domesticated dogs and hybrids involving the same; family Mustelidae (such as weasels, martins, fishers, skunks, wolverines, mink, badgers, and ferrets); family Procyonidae (such as raccoons); family Ursidae (bears); order Primata (such as monkeys and chimpanzees); and order Chiroptera (bats).
b. Poisonous reptiles, cobras, and their allies (Elapidae, Hydrophiidae); vipers and their allies (Crotalidae, Viperidae); boomslangs and Kirkland's tree snakes; Gila monsters (Helodermatidae); sunbeam snakes (Xenopeltidae); dwarf boas (Tropidophiidae); pythons (Pythonidae or Pythoninae); splitjaw snakes (Bolyeriidae); old world sand boas (Erycinae); and boas (Boidae).
2. “Domesticated” shall mean a tame animal that is subject to the dominion and control of an owner or person keeping or harboring said animal and accustomed to living in or near human habitation without requiring extraordinary restraint for the protection of humans or unreasonably disturbing such human habitation.
SECTION 3-304: RABIES SUSPECTED; CAPTURE IMPOSSIBLE
The animal control authority as defined in Article 2 herein shall have the authority to kill any animal showing vicious tendencies or characteristics of rabies which make capture impossible because of the danger involved. (Neb. Rev. Stat. §71-4406)