Chapter 6
POLICE REGULATIONS
Article 1. Dogs and Cats
§ 6-101 DOGS; LICENSE.
Every owner or possessor of any dog over 6 months of age within the City of Tecumseh, Nebraska shall within 30 days of the acquisition of the dog, acquire a license for each dog from the City Clerk. The owner shall renew the license annually for each dog on January 1 of each year. For any license issued more than 30 days after it is due, the license fee shall be increased by $10.00 per dog.
The license fee for every male or female dog shall be $50.00 per dog. The license fee for every neutered/spayed dog shall be $10.00. In the event that the license tag is lost and upon satisfactory evidence that the original plate or tag was issued in accordance with the provisions herein, the City Clerk shall issue a duplicate or new tag for the balance of the year for which the tag has been paid and shall charge and collect a fee of one-half of the cost of the original tag.
In addition to the above licensing fees, every owner or possessor of each and every dog shall pay to the City Clerk one dollar ($1.00) per year payable on the first (1st) day of January for the fees required by R.R.S. 54-603(3).
No license shall be issued until the fees as described herein are paid and proof of the compliance with R.R.S. 71-4401, et, seq., requiring the vaccination for rabies is provided to the City Clerk.
It shall be unlawful to own, maintain or possess any dog within the limits of the City, unless a license fee is paid and dog tags are constantly worn by the dogs. (Ref. 7-7-4, Code 1966) (Amended by Ord. No. 92-852,11/2/92) (Amended March 2002) (Amended November 2009) (Amended September 2010) (Amended August 1, 2011)(Amended November 5, 2012).
§ 6-102 DOG GUIDES, HEARING AID DOGS AND SERVICE DOGS; EXEMPT FROM LICENSE TAX.
Every dog guide for a blind or visually impaired person, hearing aid dog for a deaf or hearing impaired person, and service dog for a physically limited person shall be licensed as required by this code, but no license tax shall be charged upon a showing by the owner that the dog is a graduate of a recognized training school for dog guides, hearing aid dogs or service dogs. Upon the retirement or discontinuance of the dog as a dog guide, hearing aid dog, or service dog, the owner of the dog shall be liable for the payment of the required license tax. (November 5, 2012)
§ 6-103 DOGS; NUMBER PERMITTED.
It shall be unlawful to own, keep or harbor at any time, more than three (3) dogs over 6 months of age per residential or dwelling unit in the City of Tecumseh, Nebraska. This section shall not apply to any state licensed veterinary establishment.
Any dog owner in the City of Tecumseh, Nebraska that on November 5, 2012 owns, keeps or harbors more than three (3) dogs, shall be allowed to maintain the additional dogs until January 1, 2013, at which time the owner, keeper or harborer must be in compliance with only owning, keeping or harboring no more than three (3) dogs within the City of Tecumseh, Nebraska. (November 5, 2012)
§6-104 DOGS; WRONGFUL LICENSING.
It shall be unlawful for the owner, keeper, or harborer of any dog to permit or allow such dog to wear any license, metallic tag or other Municipal identification than that issued by the City Clerk for dogs, 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. (Amended by Ord. No. 92-852, 11/2/92) (Amended August 1, 2011).
§6-105 DOGS: OWNER DEFINED.
Any person who shall harbor or permit any dog 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 and shall be deemed to be liable for all penalties herein prescribed. (Ref. 54-606, 71-4401 RS Neb.)
§6-106 DOGS: PROCLAMATION.
It shall be the duty of the Governing Body whenever in its opinion the danger to the public safety from rabid dogs is great or imminent, to issue a proclamation ordering all persons owning, keeping, or harboring any dog to muzzle the same, or to confine it for a period of not less than thirty (30) days or more than ninety (90) days from the date of such proclamation, or until such danger is passed. The dogs may be harbored by any good and sufficient means in a house, garage, or yard on the premise wherein the said owner may reside. Upon issuing the proclamation it shall be the duty of all persons owning, keeping, or harboring any dog to confine the same as herein provided.
§6-107 DOGS: UNCOLLARED.
All dogs 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 found running at large shall be killed or impounded in the Municipal Dog Shelter by the Municipal Police. (Ref. 54-604 RS Neb.)
§6-108 DOGS; RUNNING AT LARGE.
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 Municipality. It shall be the duty of the Municipal Police to cause any dog found to be running at large within the Municipality to be taken up and impounded. "Running at Large" shall mean any dog found off the premise of the owner, and not under control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint.
§6-109 DOGS; CAPTURE IMPOSSIBLE.
The Municipal Police 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. 54-605 RS Neb.)
§6-110 DOGS: INTERFERENCE WITH POLICE.
It shall be unlawful for any person to hinder, delay, or interfere with any Municipal Policeman who is performing any duty enjoined upon him 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 dogs to the shelter. (Ref. 28-906 RS Neb.)
§6-111 DOGS: KILLING AND POISONING.
It shall be unlawful to kill, or to administer, or cause to be administered, poison of any sort to a dog, or in any manner to injure, maim, or destroy, or in any manner attempt to injure, maim, or destroy any dog that is the property of another person, or to place any poison, or poisoned food where the same is accessible to a dog; provided, that this Section shall not apply to Municipal Policemen acting within their power and duty. (Ref. 28-1002 RS Neb.)
§6-112 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 barks at or chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the Municipality. (Amended by Ord. No. 90-813. 4/16/90)
§6-113 DOGS 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 without the consent of the owner, keeper, or possessor thereof.
§6-114 DOGS: IMPOUNDING.
It shall be the duty of the Municipal Police to capture, secure and remove in a humane manner to the Municipal Animal Shelter any dog violating any of the provisions of this Article. The dogs 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 not less than three (3) days for licensed dogs and five (5) days for unlicensed dogs after public notice has been given unless reclaimed earlier by the owner. However, if a dog is impounded that is severely injured, or which has a contagious disease other than rabies, and in the judgment of the Municipal Police or its designee the dog is suffering and recovery is doubtful, he may destroy said dog. Notice of impoundment of all dogs, including any significant marks or identifications, shall be posted at the office of the Municipal Clerk within twenty-four (24) hours after impoundment as public notification of such impoundment. Any dog may be reclaimed by its owner during the period of impoundment by a payment of a general impoundment fee of $25.00 and an additional fee for feeding and care of $10.00 per day of impoundment or fraction, thereof. The owner shall then be required to comply with the licensing and rabies vaccination requirements within seventy-two (72) hours after release. If the dog is not claimed at the end of required waiting period after public notice has been given, the Municipal Police or its designee may dispose of the dog in accordance with the applicable rules and regulations pertaining to the same; Provided, that if, in the judgment of the Municipal Police or its designee, a suitable home can be found for any such dog within the Municipality, the said dog shall be turned over to that person and the new owner shall then be required to meet all licensing and vaccinating requirements provided in this Article. The Municipality shall acquire legal title to any unlicensed dog impounded in the Animal Shelter for a period longer than the required waiting period after giving notice. All dogs shall be destroyed in a humane manner unless a suitable home can be found for such dog. (Ref. 17-548, 71-4408 RS Neb.) (Amended December 1, 2003)
§6-115 DOGS: ANIMAL SHELTER.
The Animal Shelter shall be safe, suitable, and conveniently located for the impounding, keeping, and destruction of dogs. The said shelter shall be sanitary, ventilated, and lighted. (Ref. 17-548 RS Neb.)
§6-116 DANGEROUS DOGS: DEFINITIONS.
Animal Control Authority shall mean the City or the Johnson County Sheriff’s Department. The Johnson County Sheriff’s Department is hereby authorized to enforce the animal control laws of the 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 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 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 Neb. Rev. Stat. § 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, a dog, or livestock;
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;
(i) inflicts a non-severe injury on a human or injures a domestic animal either on public or private property, or;
(ii) 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; 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. 90-814, 4/16/90) (Amended November 4, 2013)
§6-117 DANGEROUS DOGS: RESTRAINED.
No person, owning, harboring, or having the care of a dangerous dog shall permit such dog to be out of confinement (as defined in Section 6-116), on or off the premises of the person, unless such dog is securely leashed with a leash of a fixed length no longer than four (4) feet, and muzzled. "Muzzled" for the purposes of this section shall mean that the jaws of the dangerous dog are confined by a device that prevents it from biting. (Ref. 54-618 RS Neb.) (Ord No. 90-814, 4/16/90) (Amended 12/4/06)
§6-118 DANGEROUS DOGS: CONFINED.
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 warning signs to be readily discernible and clearly visible from the public sidewalk or property line at any actual or customary point of entry on the premises. An additional sign shall be conspicuously displayed on the pen of the dangerous dog. The signs shall be at least ten inches (10") by twelve inches (12") in size; contain the words "Warning, Dangerous Dog"; be in high contrast lettering; and the lettering must be no less than three inches (3") high. (Ref. 54-619 RS Neb.) (Ord. No. 90-814, 4/16/90) (Amended. 12/4/06)
§6-119 DANGEROUS DOGS; FAILURE TO COMPLY.
Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this article. 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 article.
In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner. (Ref. 54-620 RS Neb.) (Ord. No. 90-814, 4/16/90)
§6-120 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. 90-814,4/16/90)
§6-121 PROOF OF INSURANCE FOR DANGEROUS DOGS.
Any person owning or harboring a dog within the City of Tecumseh, that has been determined to be a dangerous dog must, within thirty (30) days, present written proof of public liability insurance, covering any damage or injury that may be caused by said dog, of not less than one hundred thousand dollars ($100,000.00), to the City Clerk. The policy shall contain a provision requiring the insurance company to provide written notice to the City not less than fifteen (15) days prior to any cancellation, termination, or expiration of said policy. This section shall only apply to dogs that are determined to be dangerous dogs after the passage of this section. (12/4/06) (Amended November 4, 2013)
§6-122 MICROCHIP IDENTIFICATION FOR DANGEROUS DOGS.
Dogs determined to be dangerous shall be implanted with microchip identification by a licensed veterinarian at the owner's expense within thirty (30) days of such determination being made. The chip identification number shall be provided to the authority within seventy-two (72) hours of procedures being completed. This section, shall only apply to dogs that are determined to be dangerous after the passage of this section. (12/4/06)
§6-123 REGISTRY OF DANGEROUS DOGS.
The owner of any dog that has been determined to be dangerous as defined in Section 6-114 after the passage of this Section shall register such dog with the authority within thirty (30) days of such determination. Such registration shall include the following information:
(a) The name of the current owner of the dog;
(b) The address where the dog is harbored;
(c) A description of the dog, including name, breed, sex, coloring and a color photograph of the dog;
(d) The current license number for the dog;
(e) The carrier and policy number for public liability insurance as required in Section 6-119, including a copy of the policy or certificate of insurance;
(f) Microchip manufacturer and microchip identification number.
In January of each year, the authority shall publish in the local newspaper a list of dogs on the above registry, providing the name of the owner, the address where the animal is harbored, and a description of the animal including name and breed.
Any person who has registered a dog pursuant to this section shall have a continuing obligation to provide updated registration information to the authority and shall, within thirty (30) days of the sale or transfer of such dog, provide to the authority the date of such sale or transfer, the name of the new owner, and the address where the dog will be harbored. (12/4/06)
§6-124 APPEALS.
The determination that any dog is dangerous or potentially dangerous as defined herein shall be deemed to have been made upon written notice to the owner of such dog by personal service or registered mail to the last known address of the owner. Upon such notification and after the expiration of eleven days from the date of such notice, the determination shall be final and binding upon the City and upon the owner unless within ten (10) days after the date of the notice, the owner files a written request with the City Clerk for a review of the determination by the Animal Control Authority and pays the Appeal Fee of $100.00. At such review the owner may present any written statements or documentary evidence relevant to the determination and the Animal Control Authority may also present any written statements or documentary evidence relevant to the determination. The City Clerk shall make a final and binding determination after such review within fifteen (15) days of the date of review.
The owner may appeal any final determination to the District Court as provided by law. (12/4/06)(November 5, 2012)
§ 6-125 DOGS; RECKLESS OWNER.
The animal control authority shall initiate administrative proceedings to declare an owner, who has been convicted of one or more violations of Section 6-101 through 6-211 of the City Code of Tecumseh, Nebraska on three separate occasions in a 24-month period, or whose animal has been determined to be dangerous or potentially dangerous and who has not complied with the requirements of this chapter pertaining to dangerous or potentially dangerous animals, a reckless owner, and to revoke all pet licenses issued to such person. Such proceedings shall be instituted by service of a notice, in writing, upon such owner either by certified and regular mail to the owner’s last known address or personally. The notice shall contain:
a) The name and address of the owner who is subject to such declaration and revocation;
b) The names, descriptions and license numbers of any pet animals licensed to the owner;
c) A description of the violations or requirements which form the basis of such declaration and revocation, including the case numbers, if any;
d) A summary of the effects of such declaration, including revocation of all pet licenses; surrender of all animals; and prohibition from licensing, residing with or owning any animal in the City for a period of 48 months from the date of the declaration and revocation order;
e) The date of the entry of the declaration and revocation order; and,
f) Notification of the availability of an appeal, if the owner objects to such declaration and revocation order, within ten (10) days of the date of the Notice of said declaration and revocation order.
Upon entry of such declaration and revocation order, the person designated as a “Reckless Owner” shall have ten (10) days from the date of the Notice of said declaration and revocation order or if appealed, ten (10) days from the City Clerk’s final decision, to relinquish ownership and control to the City or another person NOT residing within the City. If the ownership and control is transferred to another person living outside the City, the “Reckless Owner” must provide the name, phone number and address for the new owner to the City Clerk within ten (10) days of Notice of said declaration and revocation order or if appealed, ten (10) days from the City Clerk’s final decision. If the ownership and control of the animal is transferred to a person outside of the City, the animal shall not be brought back into the City at any time in the future.
Failure to surrender or transfer ownership and control of the animal as provided herein shall result in immediate impoundment by the City. Such surrendered or impounded animals shall immediately become the property of the City and may be disposed of by the City as the City deems appropriate.
An owner who is declared a reckless owner shall be prohibited from licensing, residing with or owning any animal in the city for a period of 48 months from the date of entry of the declaration and revocation order.
An appeal of such declaration and revocation order shall be heard by the City Clerk and shall provide an opportunity for the owner to appear and offer any written statements or documentary evidence to dispute the declaration and revocation order. The filing fee for each appeal shall be $100.00. A determination to affirm or reverse such order shall be entered by the hearing officer within fourteen (14) days of the date of the hearing. The Reckless Owner may appeal any determination to the District Court as provided by law. (November 5, 2012)(Amended November 4, 2013)
POLICE REGULATIONS
Article 1. Dogs and Cats
§ 6-101 DOGS; LICENSE.
Every owner or possessor of any dog over 6 months of age within the City of Tecumseh, Nebraska shall within 30 days of the acquisition of the dog, acquire a license for each dog from the City Clerk. The owner shall renew the license annually for each dog on January 1 of each year. For any license issued more than 30 days after it is due, the license fee shall be increased by $10.00 per dog.
The license fee for every male or female dog shall be $50.00 per dog. The license fee for every neutered/spayed dog shall be $10.00. In the event that the license tag is lost and upon satisfactory evidence that the original plate or tag was issued in accordance with the provisions herein, the City Clerk shall issue a duplicate or new tag for the balance of the year for which the tag has been paid and shall charge and collect a fee of one-half of the cost of the original tag.
In addition to the above licensing fees, every owner or possessor of each and every dog shall pay to the City Clerk one dollar ($1.00) per year payable on the first (1st) day of January for the fees required by R.R.S. 54-603(3).
No license shall be issued until the fees as described herein are paid and proof of the compliance with R.R.S. 71-4401, et, seq., requiring the vaccination for rabies is provided to the City Clerk.
It shall be unlawful to own, maintain or possess any dog within the limits of the City, unless a license fee is paid and dog tags are constantly worn by the dogs. (Ref. 7-7-4, Code 1966) (Amended by Ord. No. 92-852,11/2/92) (Amended March 2002) (Amended November 2009) (Amended September 2010) (Amended August 1, 2011)(Amended November 5, 2012).
§ 6-102 DOG GUIDES, HEARING AID DOGS AND SERVICE DOGS; EXEMPT FROM LICENSE TAX.
Every dog guide for a blind or visually impaired person, hearing aid dog for a deaf or hearing impaired person, and service dog for a physically limited person shall be licensed as required by this code, but no license tax shall be charged upon a showing by the owner that the dog is a graduate of a recognized training school for dog guides, hearing aid dogs or service dogs. Upon the retirement or discontinuance of the dog as a dog guide, hearing aid dog, or service dog, the owner of the dog shall be liable for the payment of the required license tax. (November 5, 2012)
§ 6-103 DOGS; NUMBER PERMITTED.
It shall be unlawful to own, keep or harbor at any time, more than three (3) dogs over 6 months of age per residential or dwelling unit in the City of Tecumseh, Nebraska. This section shall not apply to any state licensed veterinary establishment.
Any dog owner in the City of Tecumseh, Nebraska that on November 5, 2012 owns, keeps or harbors more than three (3) dogs, shall be allowed to maintain the additional dogs until January 1, 2013, at which time the owner, keeper or harborer must be in compliance with only owning, keeping or harboring no more than three (3) dogs within the City of Tecumseh, Nebraska. (November 5, 2012)
§6-104 DOGS; WRONGFUL LICENSING.
It shall be unlawful for the owner, keeper, or harborer of any dog to permit or allow such dog to wear any license, metallic tag or other Municipal identification than that issued by the City Clerk for dogs, 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. (Amended by Ord. No. 92-852, 11/2/92) (Amended August 1, 2011).
§6-105 DOGS: OWNER DEFINED.
Any person who shall harbor or permit any dog 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 and shall be deemed to be liable for all penalties herein prescribed. (Ref. 54-606, 71-4401 RS Neb.)
§6-106 DOGS: PROCLAMATION.
It shall be the duty of the Governing Body whenever in its opinion the danger to the public safety from rabid dogs is great or imminent, to issue a proclamation ordering all persons owning, keeping, or harboring any dog to muzzle the same, or to confine it for a period of not less than thirty (30) days or more than ninety (90) days from the date of such proclamation, or until such danger is passed. The dogs may be harbored by any good and sufficient means in a house, garage, or yard on the premise wherein the said owner may reside. Upon issuing the proclamation it shall be the duty of all persons owning, keeping, or harboring any dog to confine the same as herein provided.
§6-107 DOGS: UNCOLLARED.
All dogs 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 found running at large shall be killed or impounded in the Municipal Dog Shelter by the Municipal Police. (Ref. 54-604 RS Neb.)
§6-108 DOGS; RUNNING AT LARGE.
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 Municipality. It shall be the duty of the Municipal Police to cause any dog found to be running at large within the Municipality to be taken up and impounded. "Running at Large" shall mean any dog found off the premise of the owner, and not under control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint.
§6-109 DOGS; CAPTURE IMPOSSIBLE.
The Municipal Police 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. 54-605 RS Neb.)
§6-110 DOGS: INTERFERENCE WITH POLICE.
It shall be unlawful for any person to hinder, delay, or interfere with any Municipal Policeman who is performing any duty enjoined upon him 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 dogs to the shelter. (Ref. 28-906 RS Neb.)
§6-111 DOGS: KILLING AND POISONING.
It shall be unlawful to kill, or to administer, or cause to be administered, poison of any sort to a dog, or in any manner to injure, maim, or destroy, or in any manner attempt to injure, maim, or destroy any dog that is the property of another person, or to place any poison, or poisoned food where the same is accessible to a dog; provided, that this Section shall not apply to Municipal Policemen acting within their power and duty. (Ref. 28-1002 RS Neb.)
§6-112 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 barks at or chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the Municipality. (Amended by Ord. No. 90-813. 4/16/90)
§6-113 DOGS 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 without the consent of the owner, keeper, or possessor thereof.
§6-114 DOGS: IMPOUNDING.
It shall be the duty of the Municipal Police to capture, secure and remove in a humane manner to the Municipal Animal Shelter any dog violating any of the provisions of this Article. The dogs 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 not less than three (3) days for licensed dogs and five (5) days for unlicensed dogs after public notice has been given unless reclaimed earlier by the owner. However, if a dog is impounded that is severely injured, or which has a contagious disease other than rabies, and in the judgment of the Municipal Police or its designee the dog is suffering and recovery is doubtful, he may destroy said dog. Notice of impoundment of all dogs, including any significant marks or identifications, shall be posted at the office of the Municipal Clerk within twenty-four (24) hours after impoundment as public notification of such impoundment. Any dog may be reclaimed by its owner during the period of impoundment by a payment of a general impoundment fee of $25.00 and an additional fee for feeding and care of $10.00 per day of impoundment or fraction, thereof. The owner shall then be required to comply with the licensing and rabies vaccination requirements within seventy-two (72) hours after release. If the dog is not claimed at the end of required waiting period after public notice has been given, the Municipal Police or its designee may dispose of the dog in accordance with the applicable rules and regulations pertaining to the same; Provided, that if, in the judgment of the Municipal Police or its designee, a suitable home can be found for any such dog within the Municipality, the said dog shall be turned over to that person and the new owner shall then be required to meet all licensing and vaccinating requirements provided in this Article. The Municipality shall acquire legal title to any unlicensed dog impounded in the Animal Shelter for a period longer than the required waiting period after giving notice. All dogs shall be destroyed in a humane manner unless a suitable home can be found for such dog. (Ref. 17-548, 71-4408 RS Neb.) (Amended December 1, 2003)
§6-115 DOGS: ANIMAL SHELTER.
The Animal Shelter shall be safe, suitable, and conveniently located for the impounding, keeping, and destruction of dogs. The said shelter shall be sanitary, ventilated, and lighted. (Ref. 17-548 RS Neb.)
§6-116 DANGEROUS DOGS: DEFINITIONS.
Animal Control Authority shall mean the City or the Johnson County Sheriff’s Department. The Johnson County Sheriff’s Department is hereby authorized to enforce the animal control laws of the 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 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 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 Neb. Rev. Stat. § 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, a dog, or livestock;
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;
(i) inflicts a non-severe injury on a human or injures a domestic animal either on public or private property, or;
(ii) 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; 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. 90-814, 4/16/90) (Amended November 4, 2013)
§6-117 DANGEROUS DOGS: RESTRAINED.
No person, owning, harboring, or having the care of a dangerous dog shall permit such dog to be out of confinement (as defined in Section 6-116), on or off the premises of the person, unless such dog is securely leashed with a leash of a fixed length no longer than four (4) feet, and muzzled. "Muzzled" for the purposes of this section shall mean that the jaws of the dangerous dog are confined by a device that prevents it from biting. (Ref. 54-618 RS Neb.) (Ord No. 90-814, 4/16/90) (Amended 12/4/06)
§6-118 DANGEROUS DOGS: CONFINED.
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 warning signs to be readily discernible and clearly visible from the public sidewalk or property line at any actual or customary point of entry on the premises. An additional sign shall be conspicuously displayed on the pen of the dangerous dog. The signs shall be at least ten inches (10") by twelve inches (12") in size; contain the words "Warning, Dangerous Dog"; be in high contrast lettering; and the lettering must be no less than three inches (3") high. (Ref. 54-619 RS Neb.) (Ord. No. 90-814, 4/16/90) (Amended. 12/4/06)
§6-119 DANGEROUS DOGS; FAILURE TO COMPLY.
Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this article. 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 article.
In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner. (Ref. 54-620 RS Neb.) (Ord. No. 90-814, 4/16/90)
§6-120 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. 90-814,4/16/90)
§6-121 PROOF OF INSURANCE FOR DANGEROUS DOGS.
Any person owning or harboring a dog within the City of Tecumseh, that has been determined to be a dangerous dog must, within thirty (30) days, present written proof of public liability insurance, covering any damage or injury that may be caused by said dog, of not less than one hundred thousand dollars ($100,000.00), to the City Clerk. The policy shall contain a provision requiring the insurance company to provide written notice to the City not less than fifteen (15) days prior to any cancellation, termination, or expiration of said policy. This section shall only apply to dogs that are determined to be dangerous dogs after the passage of this section. (12/4/06) (Amended November 4, 2013)
§6-122 MICROCHIP IDENTIFICATION FOR DANGEROUS DOGS.
Dogs determined to be dangerous shall be implanted with microchip identification by a licensed veterinarian at the owner's expense within thirty (30) days of such determination being made. The chip identification number shall be provided to the authority within seventy-two (72) hours of procedures being completed. This section, shall only apply to dogs that are determined to be dangerous after the passage of this section. (12/4/06)
§6-123 REGISTRY OF DANGEROUS DOGS.
The owner of any dog that has been determined to be dangerous as defined in Section 6-114 after the passage of this Section shall register such dog with the authority within thirty (30) days of such determination. Such registration shall include the following information:
(a) The name of the current owner of the dog;
(b) The address where the dog is harbored;
(c) A description of the dog, including name, breed, sex, coloring and a color photograph of the dog;
(d) The current license number for the dog;
(e) The carrier and policy number for public liability insurance as required in Section 6-119, including a copy of the policy or certificate of insurance;
(f) Microchip manufacturer and microchip identification number.
In January of each year, the authority shall publish in the local newspaper a list of dogs on the above registry, providing the name of the owner, the address where the animal is harbored, and a description of the animal including name and breed.
Any person who has registered a dog pursuant to this section shall have a continuing obligation to provide updated registration information to the authority and shall, within thirty (30) days of the sale or transfer of such dog, provide to the authority the date of such sale or transfer, the name of the new owner, and the address where the dog will be harbored. (12/4/06)
§6-124 APPEALS.
The determination that any dog is dangerous or potentially dangerous as defined herein shall be deemed to have been made upon written notice to the owner of such dog by personal service or registered mail to the last known address of the owner. Upon such notification and after the expiration of eleven days from the date of such notice, the determination shall be final and binding upon the City and upon the owner unless within ten (10) days after the date of the notice, the owner files a written request with the City Clerk for a review of the determination by the Animal Control Authority and pays the Appeal Fee of $100.00. At such review the owner may present any written statements or documentary evidence relevant to the determination and the Animal Control Authority may also present any written statements or documentary evidence relevant to the determination. The City Clerk shall make a final and binding determination after such review within fifteen (15) days of the date of review.
The owner may appeal any final determination to the District Court as provided by law. (12/4/06)(November 5, 2012)
§ 6-125 DOGS; RECKLESS OWNER.
The animal control authority shall initiate administrative proceedings to declare an owner, who has been convicted of one or more violations of Section 6-101 through 6-211 of the City Code of Tecumseh, Nebraska on three separate occasions in a 24-month period, or whose animal has been determined to be dangerous or potentially dangerous and who has not complied with the requirements of this chapter pertaining to dangerous or potentially dangerous animals, a reckless owner, and to revoke all pet licenses issued to such person. Such proceedings shall be instituted by service of a notice, in writing, upon such owner either by certified and regular mail to the owner’s last known address or personally. The notice shall contain:
a) The name and address of the owner who is subject to such declaration and revocation;
b) The names, descriptions and license numbers of any pet animals licensed to the owner;
c) A description of the violations or requirements which form the basis of such declaration and revocation, including the case numbers, if any;
d) A summary of the effects of such declaration, including revocation of all pet licenses; surrender of all animals; and prohibition from licensing, residing with or owning any animal in the City for a period of 48 months from the date of the declaration and revocation order;
e) The date of the entry of the declaration and revocation order; and,
f) Notification of the availability of an appeal, if the owner objects to such declaration and revocation order, within ten (10) days of the date of the Notice of said declaration and revocation order.
Upon entry of such declaration and revocation order, the person designated as a “Reckless Owner” shall have ten (10) days from the date of the Notice of said declaration and revocation order or if appealed, ten (10) days from the City Clerk’s final decision, to relinquish ownership and control to the City or another person NOT residing within the City. If the ownership and control is transferred to another person living outside the City, the “Reckless Owner” must provide the name, phone number and address for the new owner to the City Clerk within ten (10) days of Notice of said declaration and revocation order or if appealed, ten (10) days from the City Clerk’s final decision. If the ownership and control of the animal is transferred to a person outside of the City, the animal shall not be brought back into the City at any time in the future.
Failure to surrender or transfer ownership and control of the animal as provided herein shall result in immediate impoundment by the City. Such surrendered or impounded animals shall immediately become the property of the City and may be disposed of by the City as the City deems appropriate.
An owner who is declared a reckless owner shall be prohibited from licensing, residing with or owning any animal in the city for a period of 48 months from the date of entry of the declaration and revocation order.
An appeal of such declaration and revocation order shall be heard by the City Clerk and shall provide an opportunity for the owner to appear and offer any written statements or documentary evidence to dispute the declaration and revocation order. The filing fee for each appeal shall be $100.00. A determination to affirm or reverse such order shall be entered by the hearing officer within fourteen (14) days of the date of the hearing. The Reckless Owner may appeal any determination to the District Court as provided by law. (November 5, 2012)(Amended November 4, 2013)