09/12/2006 Ordinances 9076
I
ORDINANCE NO. 9076
An ordinance to amend Chapter 5 of the Grand Island City Code; to amend
Chapter 5 for housekeeping issues; to amend the definition of dangerous animal and potentially
dangerous animal; to delete the definitions for fowl, vicious animal and Zoological Park; to
amend the regulations regarding dangerous and potentially dangerous animals to comply with
state law; to prohibit chickens and/or roosters; to remove references to vicious animals; to repeal
Chapter 5 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to
provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Chapter 5 of the Grand Island City Code is hereby amended to read
as follows:
CHAPTER 5
ANIMALS
Article I. General
~5-1. Definitions
As used in this chapter, the following terms mean:
Animal. Any live, vertebrate creature other than human beings.
Animal Shelter. Any facility operated by the City or the contracting agency for the purpose of impounding
or caring for animals held under the authority of this chapter.
Auctions. Any place or facility where animals are regularly bought, sold, or traded, except for those
facilities otherwise defined in this ordinance. This section does not apply to individual sales of animals by owners.
Birds. Any feathered vertebrate, including pigeons, but excluding poultry.
Bite. Any seizure with the teeth by an animal.
Circus. A commercial variety show featuring animal acts for public entertainment.
Commercial Animal Establishment. Any pet shop, grooming shop, auction, riding school or stable, circus,
performing animal exhibition, or kennel (this term shall not include a veterinary hospital or veterinary clinic).
Contractinz Azencv. The person, association, corporation, or partnership with which the City has
contracted to enforce the provisions of this chapter.
Dangerous Animal. Any animal that, according to the records of the Central Nebraska Humane Society: (a)
has kilIed or inflicted severe injury on a human being on public or private property; (b) has killed a domestic animal
without provocation while the animal was off the owner's property; or (c) has been previously determined to be a
potentially dangerous animal by an Humane Society officer and the owner has received notice of such determination
and such animal 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 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.
Approved as to Form C
September 13. 2006 C City Attorney
~~._..t._____.________
"<iII"-
I
'"~
ORDINANCE NO. 9076 (Cont.)
Enclosure. Any tract of land intended to restrain or contain an animal by means of a building, fence, or any
other means.
Fowl. Any poultry, other than pigeons.
Grooming Shoo. A commercial establishment where animals are bathed, clipped, plucked, or otherwise
groomed.
Health Deoartment. An agency with which the City contracts to enforce the provisions of Chapter 5 -
Animals of the Grand Island City Code.
Humane Societv. The Central Nebraska Humane Society with which the City contracts to enforce the
provisions of Chapter 5 - Animals of the Grand Island City Code.
Humane Society Officer. Any police officer, Health Department employee, or employee of the contracting
agency who is performing the duty of enforcing the provisions of this chapter.
Kennel. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for
hire, training for a fee, or selling dogs or cats.
Livestock. Any hoofed animal commonly associated with domestic agricultural purposes, including but not
limited to: horses, mules, donkeys, cows, sheep, goats, llamas, hogs.
Owner. Any person, partnership, or corporation owning, keeping, harboring one or more animals. An
animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
Performinz Animal Exhibition. Any spectacle, display, act, or event other than circuses in which
performing animals are used.
Pet. Any animal kept for pleasure rather than utility.
Pet Shop. Any person, partnership, or corporation, whether operated separately or in connection with
another business except for a licensed kennel, that buys, sells, or boards any species of animal.
Potentially Danzerous Animal. (a) Any animal that when unprovoked (1) inflicts a non-severe injury on a
human or injures a domestic animal either on public or private property or (2) 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.
Restraint. Any animal secured by a leash or lead, or under the control of a responsible person and obedient
to that person's commands, or within the real property limits of its owner.
Residence. The structure used as a domicile by a person or a family.
Riding School or Stable. Any place which has available for hire, boarding and/or riding instruction, any
horse, pony, donkey, mule, or burro.
Runninz at Larze. Running at large shall mean any dog or other animal off the premises of the owner and
not under the immediate control of a person physically capable of restraining the animal by holding a leash, cord,
chain, wire, rope, cage or other suitable means of physical restraint or if the animal is out of doors on the premises of
the owner, the animal shall be in an adequately fenced in area or securely fastened to a leash or chain to prevent the
animal from leaving the owner's premises.
Scratch. Any scraping with the claws by an animal which causes an abrasion, puncture or wound of the
skin.
Severe In;ury. Any physical injury to a person 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 a
victim.
Shelter. Any structure with a roof and walls designed and/or intended to house one or more animals.
Veterinary Hospital or Veterinary Clinic. Any establishment maintained and operated by a licensed
veterinarian for surgery, diagnosis and treatment of diseased and injured animals.
Wild Animal. Any live animal normally found living in a state of nature and not normally subjected to
domestication, including but not limited to: monkeys, raccoons, skunks, snakes, and lions, but excluding birds.
~5-2. Animal Advisory Board; Establishment
There is hereby established the Animal Advisory Board of the City of Grand Island, whose duty it shall be
to advise the mayor and city council on all matters relating to this chapter. The board shall be composed of seven
members: four members appointed by the mayor subject to confirmation by the city council; and the chief of police
or his/her designee, the director of the humane society or his/her designee, and the director of the department of
health or his/her designee. Appointed members shall serve without compensation. The Animal Advisory Board shall
- 2 -
-""~.~.
:~~:;
._~\
;;~
I
jl'
ORDINANCE NO. 9076 (Cont.)
meet during the first week of January and the first week of July of each year and/or such other occasions as may be
established by said board. Attendance by any four or more members shall constitute a quorum.
~5-3. Composition and Term
Said advisory board shall be composed of one veterinarian and three representatives from the community at
large. The chief of police or his/her designee, the director of the humane society or hislher designee, and the director
of the department of health or his/her designee shall serve as ex officio members. The original appointees to the
Animal Advisory Board shall serve terms as follows: One for one year, one for two years, and one for three years.
Thereafter, all appointments shall be for three year terms, provided, any appointment to fill a vacancy shall only be
for the unexpired portion of the term of the member being replaced. The mayor may remove any appointed member
without cause.
~5-4. Enforcement; Jurisdiction; Agencies; Duties
(A) This chapter shall be enforced only within the corporate limits of the City of Grand Island.
(B) The Code provisions of this chapter shall be enforced by the agency with which the City contracts to
enforce said provisions and the Police Department. All employees of said contracting agency shall be designated
humane society officers for the purposes of this chapter.
(C) The Health Department shall assist in enforcement of code provisions relating to public health, safety
and welfare.
~5-5. Interference with Humane Society Officer
It shall be unlawful for any person to interfere with a humane society officer in the performance of his
duties.
Article II. Commercial Animal Establishments
~5-6. Commercial Animal Establishments
All provisions of this chapter relating to the care and control of animals shall apply to commercial animal
establishments as to all animals not kept for sale or resale; and, as to all animals kept for sale or resale, all provisions
shall apply except for the enclosure distance requirements set forth in 95-16 and 95-17; the limitations of the number
of animals set forth in 95-18; the minimum area requirements set forth in 95-18; the prohibition of fowl, chickens,
(hens and roosters) set forth in 95-41.1 [Committee recommendation]; and the registration of dogs and cats set forth
in 95-12.
~5-7. Permits Required
No person, partnership, or corporation shall operate a commercial animal establishment within the City of
Grand Island without first obtaining a commercial permit. Operation of a commercial animal establishment without
a commercial animal establishment permit shall constitute a public nuisance, subject to abatement pursuant to 920-
15 of the Grand Island City Code.
~5-8. Commercial Permits; Fee; Renewal
(A) A commercial permit fee as adopted by the humane society board and identified in the City of Grand
Island Fee Schedule shall be paid to the humane society for each commercial animal establishment within the City.
(B) Each permit shall be effective for one year, beginning on August 1 of each year and ending on July 31
of the following year.
(C) Renewal applications shall be made no sooner than thirty days prior to, nor later than thirty days after,
the first day of August.
~5-9. Commercial Permits; Transfer
Permits may be transferred upon a change of ownership of a commercial animal establishment upon
payment of a transfer fee as adopted by the humane society board and identified in the City of Grand Island Fee
Schedule.
- 3 -
i
.",:,;r;~: ;
;:;1;~:
..~
>-,~
I
",-
ORDINANCE NO. 9076 (Cont.)
~5-10. Commercial Establishments; Inspections
It shall be a condition of the issuance of a permit for operating a commercial animal establishment, that the
City or the Health Department shall be permitted to inspect the premises and all animals thereon semi-annually.
Refusal to allow an inspection by an authorized agent of the City or Health Department shall be a ground for
revocation of said permit.
All commercial animal establishments shall comply with the Minimum Standards of Sanitation, Care, and
Adequate Housing to be promulgated and adopted by the Animal Advisory Board and approved by the Mayor and
City Council. Copies of the Minimum Standards of Sanitation, Care, and Adequate Housing shall be on file with the
City Clerk and the humane society, and shall be available for public inspection.
~5-11. Commercial Permits; Revocation
The city council may, after notice and hearing as provided by law, revoke or suspend any commercial
permit for one or more of the following causes:
(A) Refusal by the commercial permit holder to allow the City or the humane society to inspect the
premises or examine the animals thereon.
(B) The conviction of the commercial permit holder or any of his or her employees for the offense of
cruelty to animals, whether or not said conviction is based upon the treatment of any animal on the premises of the
commercial animal establishment.
(C) Three or more convictions of the commercial permit holder and/or any of his or her employees for
violations of any provision of this chapter within any twelve month period where said violations are based upon the
care and/or control of the animals on the premises of said establishment.
Article III. Animal Licenses
~5-12. Registration Fee; Amounts; Delinquent
(A) The owner of any dog or cat over the age of six months in the City of Grand Island shall pay an annual
pet license fee for said dog or cat. Such fee shall be adopted by the humane society board and identified in the City
of Grand Island Fee Schedule.
The annual pet license as provided in this section shall be for the period of January I through December 31
of the licensing year. The pet license provided for by this section shall be secured by each new owner or new
resident within thirty days of establishing residency in the City or after acquiring said animal, notwithstanding the
fact that the dog or cat may have been registered within the annual period by a previous owner or that the dog or cat
had been registered with another authority other than the City of Grand Island.
(B) The fee required in (A) above shall become due on January I of the licensing year and shall become
delinquent on March I of each year. The owner of any dog or cat in the City of Grand Island registering the same
after said fee has become delinquent shall pay a surcharge in accordance with the fees adopted by the humane
society board and identified in the City of Grand Island Fee Schedule.
(C) No dog or cat shall be registered and licensed unless and until the owner shall display a certificate of a
licensed veterinarian showing that such dog or cat has been vaccinated for rabies.
~5-13. Pet Tag; Issuance
(A) Upon the payment of the pet license fee required by ~5-12, the owner shall be issued a metal tag for
each dog or cat registered, which tag shall be marked and numbered with the year for which the tag is purchased and
fee paid, and the number corresponding with the number of the dog or cat on the fee list. The pet tag must be
attached to a collar or a harness and must be worn by each dog or cat at all times.
(B) Each dog or cat registered must be listed and numbered by the treasurer.
(C) If a pet license tag is lost, a replacement tag must be issued upon payment of a fee as adopted by the
humane society board and identified in the City of Grand Island Fee Schedule.
- 4 -
t.. _ ~~~__
.-"
':';','"" ".', . ",,:
..,-- ",'
'::r,;.:' .':<'
,~
I
ORDINANCE NO. 9076 (Cant.)
Article IV. Animal Care
~5-14. Shelter Required
No owner shall fail to provide his or her pets with shelter of sufficient size to allow each pet to lie down,
and of sufficient construction to shield the pets from the wind, sun, and from precipitation.
~5-15. Enclosure Required
No owner shall fail to confine his or her animals within an enclosure of sufficient size and design to prevent
the animal from escaping or to restrain said animal by a rope, chain, or stake in such a manner as to prevent such
animal from going onto any public property or onto the property of another.
~5-16. Enclosures; Requirements
(A) All enclosures and restraints required by ~5-15 which are used to confine horses, mules, donkeys,
cows, sheep, goats or llamas shall be no less than 150 feet from any residence other than the residence of the owner
of said enclosure unless a waiver or variance is obtained as provided in subsection (C) below.
(B) All enclosures and restraints required by S5-l5 which are used to confine rabbits, birds, chickens shall
be at least fifteen (15) feet from any privately-owned property abutting the owner's property.
(C) The owner of any animal affected by subsection (A) may keep or maintain an enclosure within the
prohibited distance by either obtaining a waiver from all property owners within the prohibited distance stating that
said property owners do not object to the keeping of animals within the prohibited distance, and filing the same with
the humane society, or obtaining a variance from the city council; provided, that no variance shall be granted by the
city council for a distance less than 75 feet. The council shall consider the following factors in determining whether
or not to issue a variance:
(1) That the variance, if allowed, is in harmony with the general purpose and interest of this animal
ordinance;
(2) That there are practical difficulties or practical hardships in the way of carrying out the strict letter
of this animal ordinance;
(3) For the purpose of supplementing the above requirements, the council in making the determination
whether there are practical difficulties or particular hardships, shall also take into consideration the extent
to which the following facts, favorable to the applicant, have been established by the evidence:
(i) that the majority of the applicant's neighbors have presented no objection to the proposed
vanance:
(ii) that the variance, if granted, would not be a threat to the public health, safety, and welfare;
(iii) that the variance, if granted, would not materially reduce the marketability of surrounding
real property.
(4) Upon the filing of a request for variance under this subsection, the city clerk shall cause notice of
the time and place of the hearing for variance to be mailed to the head of all residences within one hundred
fifty (150) feet of the enclosure for which the variance is sought.
~5-17. Enclosures; Registration Required
(A) The location of all enclosures with the distance requirements as set forth by S5-16 shall be registered
with the humane society within ten days of placing any animal upon an unregistered location. Said registration shall
be non-reoccurring for each owner, but shall be nontransferable.
(B) The location of all enclosures in existence prior to the effective date of this ordinance shall be
registered with the humane society within 90 days of the effective date of this ordinance.
~5-18. Number of Animals; Limits
(A) No residential property shall have more than one of the following animals over weaning age per half
acre of outdoor enclosure area where said animals are of the following livestock species:
(I) horses;
(2) mules;
(3) donkeys;
- 5 -
"i~~-~.?io> ..~,,~~;3;,c,:
, : III < ~..._ 17 ,,,rt~;,,,,%::t'
. .. - ~
.c..;:/'
:;<' ....:..-' 'i'Ji:~....7t ~
I
~
ORDINANCE NO. 9076 (Cant.)
(4) cows;
(5) sheep;
(6) goats; and
(7) llamas;
(i.e. two acres of outside enclosure area may be occupied by two horses and two cows, not four horses and four
cows).
(B) No person, except for commercial retail establishments that offer live fowl (including chickens) for
retail sale and governmental and/or non-profit educational facilities, shall keep or maintain on his or her property
any fowl (including chicken hens) in a number that exceeds four (4) per one acre with a minimum ofland being one
(1) acre (i.e., two acres may be occupied by eight (8) fowl).
(C) All properties which do not comply with subsection (A) or (B) shall either be brought into compliance
by October 3,2006 or shall obtain a conditional use permit as provided by 936-82 of this Code. The issuance of the
conditional use permit shall be subject to the following conditions:
(I) A description of the species and numbers of animals to be kept on the premises during
the term of the conditional use permit shall accompany this application.
(2) Written waivers approving the proposed conditional use permit shall be obtained from
all persons residing within one hundred fifty (150.0) feet of the subject property and shall
accompany the application.
(3) If the subject property shall be brought into compliance with Section (A) or (B) above
for one hundred eighty (180) or more consecutive days, the conditional use permit shall
terminate and shall not be renewed or reissued.
(D) No residential property shall have more than thirty (30) rabbits at anyone time.
(E) No residential property shall have more than 64 birds over six months of age at anyone time.
(F) For the purposes of this section, the number of animals permitted to be kept under subsection (A) shall
be reduced by one ifrabbits are also kept on said property, and also by one ifbirds or fowl are kept on said property.
(G) No residential property shall have more than four dogs and/or cats over four months of age.
(H) No residential property shall have more than four different species of animals sheltered and/or
enclosed outside the residence.
~5-19. Reserved
~5-20. Shelters and Enclosures; Sanitation
No owner shall fail to keep the shelters and enclosures on his or her property in a sanitary condition. As a
minimum, owners shall not fail to:
(A) Remove or dispose of in a sanitary manner, the bedding, offal manure, and waste materials
accumulating from livestock at least once every seven (7) days.
(B) Remove or dispose of in a sanitary manner, the bedding, offal manure, and waste materials
accumulating from all other animals at least once daily.
(C) Clean and disinfect said shelters and enclosures so as to prevent the breeding of flies and insects and
the emission of deleterious and offensive odors therefrom.
~5-21. Food, Water, Health Care; Owner's Duty
(A) No owner shall fail to provide food and water for his or her animals, or fail to seek veterinary care for
any such animals that are sick or injured. Food and water container shall be of sufficient weight and design as to
preclude readily tipping over and spilling the contents.
(B) No owner shall leave his or her pets without shelter in subzero degree or stormy weather.
~5-22. Cruelty to Animals Prohibited
(A) No person shall beat, mistreat, torment, tease, or otherwise abuse any animal.
(B) No person shall cause, instigate, or permit any fight or other combat between animals, or between
animals and humans.
~5-23. Abandonment of Animals Prohibited
No owner of an animal shall abandon such animal.
-6-
"~.
~
.,'!; -
I
~,.,.. if". ni
ORDINANCE NO. 9076 (Cont.)
~5-24. Exposing Poison Prohibited
No person shall expose any known poisonous substance, whether mixed with food or not, so that the same
shall be liable to be eaten by any animal; provided, that it shall not be unlawful for a person to expose common rat
poison mixed only with vegetable substances on his or her own property.
~5-25. Accidents Involving Animals; Duties
No person who, as the operator of a motor vehicle, strikes an animal, shall fail to stop at once and render
such assistance as may be possible and shall immediately report such injury or death to the animal's owner, the
police, or the animal control agency for the City.
~5-26. Ear Cropping, Dewclaw Removal, and Taildocking; Prohibition
No person, other than a licensed veterinarian, shall crop the ears, remove the dewclaws, or dock the tail of
an animal.
~5-27. Restricted Sale of Chicks and Ducklings
Chickens or ducklings younger than eight weeks of age may not be sold in quantities of less than twenty-
five to a single purchaser.
~5-28. Animals as Prizes Prohibited
No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter,
any contest, game, or other competition, or as an inducement to enter a place of amusement; or offer such animal as
an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
~5-29. Performing Animal Exhibitions
(A) No performing animal exhibition or circus shall be permitted in which animals are induced or
encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which
will cause, or is likely to cause, physical injury or suffering.
(B) All equipment used on a performing animal shall fit properly and be in good working condition.
Article V. Rabies Control
~5-30. Rabies Vaccination
(A) No owner of a dog, cat or ferret over the age of three (3) months shall fail to cause the same to be
vaccinated against rabies by a duly licensed veterinarian.
(B) No owner of a dog, cat, or ferret vaccinated as required by subsection (A) shall fail to have such dog,
cat, or ferret revaccinated within ten days of the expiration date set forth for the original or any subsequent
vaccination of said dog, cat, or ferret.
~5-31. Vaccination Certificate
Every veterinarian who vaccinates a dog, cat, or ferret for rabies shall provide the owner thereof with a
certificate showing the date of such vaccination. A copy of each such certificate or a compilation thereof providing
notification that a vaccination certificate has been issued shall be provided by each veterinary hospital or veterinary
clinic to the humane society by the 10th of each month following the date of issuance.
~5-32. Vaccination Certificate; Duty to Exhibit
The owner of a vaccinated dog, cat, or ferret shall exhibit the certificate of vaccination to any humane
society officer upon demand.
- 7 -
"~"
,~
:^",- ---
I
I
"""""':'~..'L:;;;~''''~':::'..,,
ORDINANCE NO. 9076 (Cant.)
Article VI. Animal Control
~5-33. Stallions, Jacks, and Bulls
No owner of any stallion, jack, or bull shall indecently exhibit the same or permit any such animal to be
bred to any mare, jenny, or cow, except where the same is not exposed to public view.
~5-34. Running at Large; Restraint Required
It shall be unlawful for any owner to sutTer or permit any dog or other animal to run at large within the
corporate limits of the City of Grand Island. "Running at Large" shall mean any dog or other animal off the premises
of the owner and not under the immediate control of a person physically capable of restraining the animal by holding
a leash, cord, chain, wire, rope, cage or other suitable means of physical restraint or if the animal is out of doors on
the premises of the owner, the animal shall be in an adequate fenced in area or securely fastened to a leash or chain
to prevent the animal from leaving the owner's premises. It shall be the duty of the city animal control officer or
other appropriate city law enforcement officer to impound any dog found running at large within the City of Grand
Island. Every dog found running t large in violation of this or any other section of the Grand Island City Code is
declared to be a public nuisance and may be impounded.
~5-34.1. Animal Training and Shows
Animals may be off a leash when they are being trained for hunting or an animal show at a facility that is
owned, leased or operated by a nationally recognized organization or a local affiliate sanctioned by such
organization for the training, showing and betterment of animals such as the American Kennel Club or the United
Kennel Club. Animals may be off of a leash at an animal show that is sanctioned by a nationally recognized animal
organization if such show obtains a permit from the Grand Island Humane Society. The application for said permit
shall set forth the date and place of the show or event, and list the types of activities that will be taking place at the
event. If the activities at such animal show do not violate any of the provisions of the Grand Island City Code other
than the running at large ordinance, or involve inhumane treatment of the animals at such event then a permit shall
be issued by the Grand Island Humane Society and a copy of the permit shall be sent to the Grand Island City Clerk
and to the Grand Island Police Department.
~5-34.2. Animals Used and Trained for Law Enforcement; Exemption
Any animal used by law enforcement agencies including but not limited to the City of Grand Island Police
Department, the Hall County Sheriffs Department or the Nebraska State Patrol shall be exempted from the
provisions of the Grand Island City Ordinances including the Animal Running at Large and Dangerous Dogs
Ordinances while such animal is being trained or used for law enforcement purposes.
~5-35. Isolation of Female Animals in Heat
No owner of a female cat or dog in heat shall fail to take reasonable measures to isolate said female from
male cats and dogs to prevent contact with such male animals except for planned breeding.
~5-36. Dangerous Animals or Potentially Dangerous Animals on Owner's Property
(A) While unattended on the owner's property, a dangerous animal shall be securely confined, in a humane
manner, indoors or outdoors in a securely enclosed and locked pen or structure suitably designed to prevent the entry
of young children and to prevent the animal 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 animal from the elements. The owner of a dangerous animal shall post a warning
sign on the property where the animal is kept that is clearly visible and that informs persons that a dangerous animal
is on the property.
(B) All pens or structures for confining dangerous animals or potentially dangerous animals constructed
after May 1, 1997 shall be at least five (5.0) feet from any privately-owned property abutting the animal owners'
property.
- 8 -
,1 &,D:~.,.
..'('JlllI_-~';,..
"'-'. . ~~;, '
.~i(
I
I
ORDINANCE NO. 9076 (Cont.)
~5-37. Dangerous Animals Restraint; Impoundment; Confiscation
(A) No owner of a dangerous or potentially dangerous animal shall fail to keep such animal securely
muzzled and restrained by a leash or chain whenever off the owner's property.
(B) Any dangerous animal or potentially dangerous animal in violation of 95-36 or 95-37 of the Grand
Island City Code may be immediately impounded by humane society officers. The owner shall be responsible for
the costs incurred by the humane society for the care of the dangerous animal confiscated by the humane society or
for the destruction of any dangerous animal if the action by the humane society is pursuant to law.
(C) In the event an animal conforming to the definition of dangerous or potentially dangerous bites or
inflicts a wound on a human or domestic animal, the dangerous animal shall be immediately confiscated by a
humane society officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious
and humane manner.
(E) Disposition of any dangerous animal or potentially dangerous animal impounded for violation of 95-36
or 95-37 shall be governed by 95-44.
~5-38. Animal Noise
(A) No owner shall allow conditions to exist on said owner's property whereby the owner's animal or
animals annoy or disturb any neighborhood or any person by loud, continuous, or frequent barking, howling,
yelping, or crowing.
~5-39. Pet Excreta; Removal by Owner
The owner of any animal which deposits excreta on public property, or private property, shall be
responsible for its removal. It shall be a violation of this section for the owner to fail to immediately remove such
excreta when notified of its existence and location, either by the City or by the owner of the property on which the
excreta was deposited.
~5-40. Wild Animals Prohibited
(A) No person shall keep, or permit to be kept on their residential premises any wild animal as a pet, for
display, or for exhibition purposes, except as those on an Approved Animal List to be promulgated and adopted by
the Animal Advisory Board and approved by the Mayor and City Council. Copies of the Approved Animal List shall
be on file with the City Clerk and the humane society, and shall be available for public inspection.
(B) No person or commercial animal establishment shall offer any wild animal for sale unless included on
the Approved Animal List.
(C) The owner of any wild animal listed on the Approved Animal List over the age of six (6) months shall
pay an annual wild animal license fee as adopted by the humane society board and identified in the City of Grand
Island Fee Schedule. The annual wild animal license, as provided in this section, shall be for the period of January I
through December 31 of the licensing year. The wild animal license provided for by this section shall be secured by
each owner or new resident within thirty (30) days of establishing residency in the City or after acquiring said
animal, notwithstanding the fact that the wild animal may have been registered within the annual period by a
previous owner or that the wild animal may have been registered in another authority other than the City of Grand
Island. The wild animal license fee shall become due on January I of the licensing year and shall become delinquent
on March I of each year.
(D) In the event a person wishes to keep or permit to be kept on his residential premises, any wild animal
not listed on the Approved Animal List, application in writing may be made to the Animal Advisory Board for
adding said species to the Approved Animal List. The primary factor to be considered by the Animal Advisory
Board in adding a species to the Approved Animal List shall be whether allowing animals of said species to be kept
within the corporate limits of the City of Grand Island presents a risk to public health, safety and welfare or the
health, safety and welfare of other species already allowed to be kept as pets.
~5-41. Swine Prohibited
No person shall keep or maintain swine, including the species known as miniature potbellied pigs, on his or
her residential premises within the City.
- 9 -
J
.~:."p.
I
ORDINANCE NO. 9076 (Cant.)
~5-41.1. Roosters Prohibited
No person shall keep or maintain roosters on his or her property within the city, except for commercial
retail establishments who offer live fowl or chickens for retail sale, and governmental and/or non-profit educational
facilities.
~5-42. Impoundment of Animals at Large
All animals not under restraint may be taken into custody by any police officer or humane society officer
and impounded in the animal shelter and there confined in a humane manner.
~5-43. Rabies Control; Reporting and Impoundment
(A) Any unvaccinated dog or cat suspected of biting or scratching any person or exposing an individual to
the possibility of contracting rabies shall be taken into custody by a humane society officer or police officer and
impounded in the animal shelter for a period of not less than ten days, or such additional period as directed by a
licensed veterinarian or medical professional treating the aforementioned injury.
(B) Any dog or cat currently vaccinated for rabies which is suspected of biting or scratching any person
shall be confined by the owner of the animal for a period of not less than ten days; provided, that impoundment in
the animal shelter shall be required if the victim, victim's legal guardian, or the victim's physician requests such
impoundment; and provided further, that if said owner has on any prior occasion of a dog or cat bite or scratch,
failed or refused to confine the animal as required by this section, said animal shall be impounded at the animal
shelter or a veterinary clinic of the owner's choosing.
(C) Any ferret suspected of biting any person or exposing an individual to the possibility of contracting
rabies shall be taken into custody by a humane society officer or police officer for immediate euthanization for the
determination of rabies. Any ferret suspected of scratching any person shall be taken into custody by a humane
society officer or police officer for immediate euthanization for determination of rabies if there is reasonable cause
to believe said ferret has exposed such person to the possibility of contracting rabies.
(D) No owner of an animal suspected of biting or scratching any person, upon information and notice of
the incident, shall fail or neglect to immediately place the animal in the custody of the humane society officer or
police officer for impoundment at the animal shelter. Upon request and authorization by the owner of any animal
impounded for observation under subsections (A), (B) or (C) above, said animal may be placed in the custody of a
licensed veterinarian for the requisite observation period.
(E) All incidents of biting or scratching shall be reported in writing to the humane society by the medical
professional treating the injury, the injured party, or in the case of a minor child, the parent or guardian.
(F) The term "scratching" as used in this section shall include only those incidents which result from
known or suspected aggressive action or attack by a dog, cat or ferret.
~5-44. Impounded Animals; Disposition
(A) All domestic animals impounded pursuant to ~5-42 shall be retained until redeemed by their owner
upon payment of an impoundment fee as adopted by the humane society board and identified in the City of Grand
Island Fee Schedule.
(B) All animals that are not domestic animals, including but not limited to feral cats, may be humanely
euthanized as soon as they are captured or otherwise taken into custody.
(C) All animals impounded pursuant to 95-43 shall be retained until completion of the observation period
and the determination by a licensed veterinarian that said animal is not infected with rabies, and then may be
redeemed by its owner upon payment of the fees for impoundment and cost of care as adopted by the humane
society board and identified in the City of Grand Island Fee Schedule.
(D) Any domestic animal not claimed by its owner within three clear working days after being impounded
under 995-42 or 5-43, shall become the property of the contracting agency and may be placed for adoption or
humanely euthanized by said agency at its discretion. The foregoing time period shall not include the day of
impoundment.
(E) Any animals determined to have rabies by a licensed veterinarian shall be destroyed as soon as
possible after that determination is made.
(F) All domestic animals impounded shall be retained until redeemed by their owner upon payment of fees
for impoundment and cost of care in an amount adopted by the humane society board and identified in the Grand
Island Fee Schedule. Any domestic animal not claimed within three (3) clear working days after being impounded or
- 10 -
.-.
.;~-'-'
I
ORDINANCE NO. 9076 (Cant.)
such extended period as is granted in writing by the contracting agency to allow the animal's owner to construct a
pen or structure in conformance with 95-36 shall become the property of the contracting agency and may be placed
for adoption or humanely euthanized by said agency at its discretion. The foregoing time period shall not include
the day of impoundment.
(G) No dog or cat impounded under 95-37, 95-42 or 95-43 shall be released until said animal is vaccinated
and licensed as required by the provisions of this ordinance.
Article VII. Penalties
~5-45. General Penalty
Any person violating any provision of this chapter shall be fined pursuant to 91-7 of this code. If a violation
is of a continuing nature, each day of the violation shall constitute a separate violation.
~5-46. Nuisance
Any owner or any person in possession of any animal regulated by this chapter who fails to care for and
control said animal shall be deemed to be maintaining a nuisance subject to abatement pursuant to 920-15 of the
Grand Island City Code upon written request by the Director of the Department of Health, the Grand Island Police
Department, the Director of the Humane Society, or the Code Enforcement Officer to the City Attorney, the
abatement of which shall be the forfeiture of the animal or animals in violation. The procedure for abatement of
nuisances set forth in 920-15 of the Grand Island City Code shall be followed in all cases not involving an imminent
threat to public health, safety or welfare or the health, safety or welfare of the animal or animals in violation.
In the event continuation of a public nuisance might cause irreparable harm or poses a serious threat to
public health, safety or welfare or the health, safety or welfare of residents of the property in violation, the written
notice to abate pursuant to 920-15 of the Grand Island City Code shall not be required as a condition precedent to
commencing a legal action to obtain abatement of the nuisance and the City of Grand Island, with the consent of the
Mayor, may immediately file an action requesting such temporary or permanent order as is appropriate to
expeditiously and permanently abate said nuisance and protect the public health, safety or welfare or the health
safety or welfare of the residents of the property in violation.
Article VIII. Appeal Procedure
~5-47. Dangerous and Potentially Dangerous; Declaration; Appeal; Disposition
(A) If it shall appear to the Director of the Humane Society that any animal conforms to the definition of a
dangerous animal or potentially dangerous animal written notice declaring the animal a dangerous animal shall be
delivered to the animal's owner either by personal service or by mail addressed to the last known address of said
owner.
(B) In the case of a dangerous animal or potentially dangerous animal, within five (5) days of personal
service or mailing of a notice of declaration to the animal's owner said owner shall either provide reasonable proof
of compliance with 95-36 and 95-37 of the Grand Island City Code or shall deliver said animal to the Humane
Society for impoundment and disposition pursuant to 95-37(B). Refusal or failure by the owner of any animal
declared a dangerous animal or potentially dangerous animal to comply with this subsection shall be a violation of
the Grand Island City Code and shall be subject to abatement as a public nuisance pursuant to 95-46.
(C) The owner of any animal declared a potentially dangerous animal or dangerous animal by the Director
of the Humane Society may appeal the Director's decision to the Animal Advisory Board by submitting a letter of
appeal to the Director within 72 hours of either receiving personal service or mailing of the written notice of
declaration. The Animal Advisory Board shall hold a hearing within ten (10) days of delivery of the letter of appeal
to the Director. The hearing shall be conducted informally. The animal's owner and Director of the Humane Society
shall present oral or written statements or reasons supporting or opposing the declaration to the Animal Advisory
Board. Statements by each participant shall be limited to a total time of one hour or less. Upon conclusion of the
hearing the Animal Advisory Board may reverse, modify or affirm the declaration of the Director. Notice of the
detemlination of the Animal Advisory Board shall be given to the animal's owner and the Director of the Humane
Society, either personally or by United States Mail.
- 11 -
,}Ii .~_~,
._, ,(';~_~.'b;~H.,...;,,~,,;'~J
I
ORDINANCE NO. 9076 (Cont.)
SECTION 2. Chapter 5 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 12,2006.
~\j:~,-c
Jay Vavricek, ayor
Attest:
Qo\\~ <rIL~Ck
RaNae Edwards, City Clerk
- 12 -
iii,,,,'-;",-, /;~,
ji.st1~ilt ,q l~i., "th-