Weeping Water Nebraska

ORDINANCE NO. 568

AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA TO AMEND SECTION 93.45 OF THE WEEPING WATER MUNICIPAL CODE REGARDING THE DEFINITIONS APPLICABLE TO DANGEROUS DOGS; TO DECLARE DANGEROUS DOGS A NUISANCE AND TO PROVIDE FOR THE IMMEDIATE IMPOUNDMENT OF DANGEROUS DOGS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF WEEPING WATER, NEBRASKA:

     SECTION 1.  That Section 93.45 of the Municipal Code for the City of Weeping Water, Nebraska is hereby amended to read as follows:

     SECTION 93.45 DANGEROUS DOGS.

     (A)     Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

                ANIMAL CONTROL AUTHORITY.  An entity authorized to enforce the animal control laws of the city.

                ANIMAL CONTROL OFFICER.  Any individual employed, appointed, or authorized by an animal control authority for the purpose of aiding in the enforcement of this section or any other law or ordinance relating to the licensing of animals, or seizure and impoundment of animals and includes 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.  A dog that without justification attacks a person or domestic animal causing physical injury or death, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat or serious injury or death to one (1) or more persons or domestic animals.

              DOMESTIC ANIMAL.  A cat, a dog, or livestock.

              OWNER.  Any person, firm, corporation, organization, politial subdivision, or department possessing, harboring, keeping, or having control or custody of a dog.

     SECTION 2.     DANGEROUS DOGS; DECLARED NUISANCE.  Dangerous dogs are hereby declared to be a nuisance and nuisances are to be abated as provided in Section 91.21 of the Weeping Water Municipal Code.

     SECTION 3.     DANGEROUS DOGS; IMMEDIATE IMPOUNDMENT.  Any dangerous dog may be immediately impounded by the animal control officer for a violation of this article, subject to the following procedure:

                                    (a) The owner of the dangerous dog who has been immediately impounded shall be notified of the impoundment by certified mail within five (5) business days after the dangerous dog's impoundment.

                                     (b) The notice of impoundment shall inform the owner of the dangerous dog that he/she may request, in writing, to the City Clerk, a hearing before the City Council to contest the impoundment within five (5) business days after the mailing of the notice of impoundment.

                                     (c) Upon request by the owner of the dangerous dog for a hearing,  a hearing shall be held within ten (10) days after such request is received by the City Clerk.  Notice of the date, time, and location of the hearing shall be provided by certified mail to the owner of the dangerous dog requesting the hearing.

                                    (d) Notwithstanding the provisions of subsections (a), (b), and (c) above, if a dangerous dog attacks or bites a person or another domestic animal or is allowed to run at large, the dangerous dog shall be immediately impounded by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

                                    (e) The owner of a dangerous dog shall be responsible for the reasonable costs incurred by the animal control officer for the care of a dangerous dog impounded by an animal control officer or for the destruction of any dangerous dog if the action by the animal control officer is pursuant to law and if the owner violated any section of this article.  In the event the dangerous dog cannot safely and humanely be confiscated, or if it is necessary for self-defense or the physical defense of others, the animal control officer may use sufficient force, including summarily destroying the dangerous dog, to safely carry out his or her duties.

     SECTION 4.  No person shall interfere with, hinder, or molest any agent of the animal control authority in the performance of any duty as herein provided.  Any person violating this section shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than $100.00 or more than $500.00.

     SECTION 5.  The City of Weeping Water hereby finds, determines, and declares that this Ordinance is necessary for the immediate preservation of the pbulic health, safety, and welfare of the City of Weeping Water and the inhabitants thereof.

     SECTION 6.  That any other Ordinance passed and approved prior to this passage, approval, and publication or posting of this Ordinance and in conflict with its provisions, is hereby repealed to the extent of such conflict.

     SECTION 7.  If any part of this Ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Ordinance.

     SECTION 8.  This Ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law.

     PASSED AND APPROVED this 14th day of January, 2008.