12/02/2008 Ordinances 9200ORDINANCE NO. 9200
An ordinance to amend Grand Island City Code Chapter 5 Sections 5-1
through 5-47 regarding definitions, humane treatment, animal control, dangerous
animals, and potentially dangerous animals to harmonize it with State Statutes; to repeal
sections 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. Section 5-1 through 5-47 ofthe Grand Island City Code are
amended to read as follows:
CHAPTER 5
ANIMALS
Article I. General
§5-1. Definitions
As used in this chapter, the following terms mean:
Abandon. Means to leave any animal in one's care, whether as owner or custodian, for any length
of time without making effective provision for its food, water, or other care as is reasonably necessary for
the animal's health;
Animal. Any live, vertebrate creature other than human beings.
Animal Control O,(' acer. Means any member of the Nebraska State Patrol, any county or deputy
sheriff, any member of the police force of any city or village, Health Department employee, employee of
the Animal Control Authority, or any other public official authorized by the City to enforce state or local
animal control laws, rules, regulations, or ordinances.
Animal Control Authority. Shall mean an entity authorized to enforce the animal control laws of
the City designated by the City Council.
Animal Shelter. Any facility operated by the City or the Animal Control Authority 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).
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Approved as to Form o ? -~
December 1, 2008 n City Attorney
ORDINANCE NO. 9200 (Cont.)
Cruelly mistreat. Means to knowingly and intentionally kill, maim, disfigure, torture, beat,
mutilate, burn, scald, or otherwise inflict harm upon any animal;
Cruelly neglect. Means to fail to provide any animal in one's care, whether as owner or custodian,
with food, water, or other care as is reasonably necessary for the animal's health;
Dangerous Animal. Means an animal that (i) has killed a human being; (ii) has inflicted injury on
a human being that requires medical treatment; (iii) has killed a domestic animal without provocation; or
(iv) has been previously determined to be a potentially dangerous animal by an animal control authority or
animal control officer, the owner has received notice of such determination, and the animal inflicts an
injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the
safety of humans or domestic animals. An animal shall not be defined as a dangerous animal hereunder if
the individual was tormenting, abusing, or assaulting the animal at the time of the injury or has, in the past,
been observed or reported to have tormented, abused, or assaulted the animal. An animal shall not be
defined as a dangerous animal if the injury, damage, or threat was sustained by an individual who, at the
time, was committing a willful trespass, was committing any other tort upon the property of the owner of
the animal, was tormenting, abusing, or assaulting the animal, or has, in the past, been observed or reported
to have tormented, abused, or assaulted the animal, or was committing or attempting to commit a crime;
Domestic animal. Shall mean a cat, a dog, or livestock. 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 Shoff. A commercial establishment where animals are bathed, clipped, plucked, or
otherwise groomed.
Health Department. Means the Central District Health Department or any agency with which the
City contracts to enforce the provisions of Chapter 5 -Animals of the Grand Island City Code related to
public health and welfare.
Humane killing. Means the destruction of an animal by a method which causes the animal a
minimum of pain and suffering;
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.
Medical treatment. Means treatment administered by a physician or other licensed health care
professional.
Mutilation. Means intentionally causing permanent injury, disfigurement, degradation of fianction,
incapacitation, or imperfection to an animal. Mutilation does not include conduct performed by a
veterinarian licensed to practice veterinary medicine and surgery in this state or conduct that conforms to
accepted veterinary practices;
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 or has
exercised control or custody of the animal.
Per/ormingAnimal 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 Dangerous Animal. Means (a) any animal that when unprovoked (i) inflicts an injury
on a human being that does not require medical treatment, (ii) injures a domestic animal, or (iii) 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 animal with a known propensity, tendency, or disposition to attack
when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.
Repeated beating. Means intentional successive strikes to an animal by a person resulting in
serious bodily injury or death to the animal;
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.
ORDINANCE NO. 9200 (Cont.)
Riding School or Stable. Any place which has available for hire, boarding and/or riding
instruction, any horse, pony, donkey, mule, or burro.
Running at Large. 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.
Serious injury or illness. Includes any injury or illness to any animal which creates a substantial
risk of death or which causes broken bones, prolonged impairment of health, or prolonged loss or
impairnent of the function of any bodily organ
Shelter. Any structure with a roof and walls designed and/or intended to house one or more
Torture. Means intentionally subjecting an animal to extreme pain, suffering, or agony. Torture
does not include conduct performed by a veterinarian licensed to practice veterinary medicine and surgery
in this state or conduct that conforms to accepted veterinary practices.
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.
animals.
§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 Animal Control Authority 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 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 Animal Control Authority or
his/her 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 Animal Control
Authority shall be designated animal control 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.
(D) This Chapter shall not apply to:
(1) Care or treatment of an animal by a veterinarian licensed under the Nebraska Veterinary
Practice Act until December 1, 2008, and the Veterinary Medicine and Surgery Practice Act on and after
December 1, 2008;
(2) Commonly accepted care or treatment of a police animal by a law enforcement officer in the
normal course of his or her duties;
ORDINANCE NO. 9200 (Cont.)
(3) Research activity carried on by any research facility currently meeting the standards of the
federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1, 2003;
(4) Commonly accepted practices of hunting, fishing, or trapping;
(5) Commonly accepted practices occurring in conjunction with rodeos, animal racing, or pulling
contests;
(6) Humane killing of an animal by the owner or by his or her agent or a veterinarian upon the
owner's request;
(7) Commonly accepted practices of animal husbandry with respect to farm animals and
commercial livestock operations, including their transport from one location to another and nonnegligent
actions taken by personnel or agents of the Nebraska Department of Agriculture or the United States
Department of Agriculture in the performance of duties prescribed by law;
(8) Use of reasonable force against an animal, other than a police animal, which is working,
including killing, capture, or restraint, if the animal is outside the owned or rented property of its owner or
custodian and is injuring or posing an immediate threat to any person or other animal;
(9) Killing of house or garden pests;
(10) Commonly followed practices occurring in conjunction with the slaughter of animals for food
or byproducts; and
(11) Commonly accepted animal training practices.
§5-5. Interference with Animal Control Officer
It shall be unlawful for any person to interfere with an animal control officer in the performance of
his or her 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 §5-16 and §5-
17; the limitations of the number of animals set forth in §5-18; the minimum area requirements set forth in
§5-18; the prohibition of roosters as set forth in §5-41.1; and the registration of dogs and cats set forth in
§5-12.
§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 §20-15 of the Grand Island City Code.
§5-8. Commercial Permits; Fee; Renewal
(A) A commercial permit fee as adopted by the Health Department and identified in the City of
Grand Island Fee Schedule shall be paid to the Health Department 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 Health Department and identified in the City of Grand
Island Fee Schedule.
§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
ORDINANCE NO. 9200 (Cont.)
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 Animal Control
Authority, 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 an animal control officer 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 three 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 governing body 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 1 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 1 of the licensing year and shall
become delinquent on February 1 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 governing body 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.
(D) The owner of any dog or cat that has been declared "potentially dangerous" or "dangerous"
shall pay, in addition to the pet license above, an annual kennel inspection fee. Such fee shall become due
at the time of the declaration, and then shall be paid annually thereafter with the annual fee becoming due
on January 1 of the year following the declaration, and shall become delinquent on February 1 of said year.
The kennel inspection fee shall be adopted by the governing body and identified in the City of Grand Island
Fee Schedule.
Amended by Ordinance No. 9142, effective 11-28-2007
§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
and identified in the City of Grand Island Fee Schedule.
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
ORDINANCE NO. 9200 (Cont.)
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 §5-15 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 City Clerk, 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 variance;
(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 §5-16 shall be
registered with the Animal Control Authority within ten days of placing any animal upon an unregistered
location. Said registration shall benon-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 Animal Control Authority 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:
(1) horses;
(2) mules;
(3) donkeys;
(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
ORDINANCE NO. 9200 (Cont.)
minimum of land being one (1) acre (i.e., two acres maybe 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 §36-82 of this Code.
The issuance of the conditional use permit shall be subject to the following conditions:
(1) 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 any one time.
(E) No residential property shall have more than 64 birds over six months of age at any one time.
(F) For the purposes of this section, the number of animals permitted to be kept under subsection
(A) shall be reduced by one if rabbits are also kept on said property, and also by one if birds or fowl are
kept on said property.
(G) No residential property shall have more than four dogs and/or cats over three months of age.
(H) No residential property shall have more than four different species of animals sheltered and/or
enclosed outside the residence.
Amended by Ordinance No. 9142, effective 11-28-2007
§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, cruelly mistreat, torment, tease, torture, cruelly neglect, 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.
§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 Taildoclcing; Prohibition
ORDINANCE NO. 9200 (Cont.)
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 City of Grand Island 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
animal control officer upon demand.
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 suffer 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 at 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
ORDINANCE NO. 9200 (Cont.)
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 Animal Control Authority. 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 Animal Control
Authority 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 or potentially 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 at a depth of at least one foot. The pen or structure
shall also protect the animal from the elements. The owner of a dangerous animal shall post warning signs
on the property where the animal is kept that are clearly visible from all areas of public access and that
inform persons that a dangerous animal is on the property. Each warning sign shall be no less that ten
inches by twelve inches and shall contain the words warning and dangerous animal in high-contrast
lettering at least three inches high on a black background.
(B) All pens or structures for confining dangerous animals or potentially dangerous animals
constructed after November 1, 2008 shall be at least ten (10.0) feet from any privately-owned property
abutting the animal owners' property.
§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 §5-36 or §5-37 of the
Grand Island City Code may be immediately impounded by animal control officers. The owner shall be
responsible for the costs incurred by the Animal Control Authority for the care of the dangerous or
potentially dangerous animal confiscated by the Animal Control Authority or for the destruction of any
dangerous or potentially dangerous animal if the action by the Animal Control Authority is pursuant to law.
(C) In the event an animal conforming to the definition of potentially dangerous animal inflicts
an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens
the safety of humans or domestic animals, the potentially dangerous animal shall be immediately
confiscated by an animal control officer, placed in quarantine for the proper length of time, and thereafter
destroyed in an expeditious and humane manner.
(D) An animal conforming to the definition of dangerous animal shall be immediately confiscated
by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in
an expeditious and humane manner.
(E) Disposition of any animal impounded under this chapter shall be governed by §5-44.
§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.
ORDINANCE NO. 9200 (Cont.)
§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 Animal Control Authority, 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 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
1 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 1 of the
licensing year and shall become delinquent on March 1 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.
§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 animal control 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 an animal control 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 an animal control 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 an animal control officer or police officer for immediate euthanization for determination of
ORDINANCE NO. 9200 (Cont.)
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 an animal
control 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 Animal Control
Authority 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 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.
(B) All animals impounded pursuant to §5-43 and not euthanized 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 Animal Control Authority and identified in the City of
Grand Island Fee Schedule. Any domestic animal not claimed within three (3) clear working days after
being impounded or such extended period as is granted in writing by the Animal Control Authority to allow
the animal's owner to construct a pen or structure in conformance with ~5-36 shall become the property of
the Animal Control Authority and may be placed for adoption or humanely euthanized by said agency at its
discretion.
(C) Any animals determined to have rabies by a licensed veterinarian shall be destroyed as soon
as possible after that determination is made.
(D) All domestic animals impounded pursuant to other sections of this Chapter shall be retained
until redeemed by their owner upon payment of fees for impoundment and cost of care in an amount
adopted by the Animal Control Authority and identified in the Grand Island Fee Schedule. Any domestic
animal not claimed within three (3) clear working days after being impounded or such extended period as is
granted in writing by the Animal Control Authority to allow the animal's owner to construct a pen or
structure in conformance with §5-36 shall become the property of the Animal Control Authority 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) No dog or cat impounded under this Chapter 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 § 1-7 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
§20-15 of the Grand Island City Code upon written request by the Director of the Department of Health, the
Grand Island Police Department, or an animal control officer, the abatement of which shall be the forfeiture
of the animal or animals in violation. The procedure for abatement of nuisances set forth in §20-15 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 X20-15 of the Grand Island City Code shall not be required
ORDINANCE NO. 9200 (Cont.)
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
§5-07. Dangerous and Potentially Dangerous; Declaration; Appeal; Disposition
(A) If it shall appear to an animal control officer that any animal conforms to the definition of a
dangerous animal or potentially dangerous animal, written notice declaring the animal a dangerous or
potentially 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) Iri the case of a dangerous animal, within five (5) days of personal service or mailing of a
notice of declaration to the animal's owner said owner shall deliver said animal to the Animal Control
Authority for impoundment and disposition pursuant to §5-37. In the case of a 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 §5-36 and §5-37 of the Grand Island
City Code or shall deliver said animal to the Animal Control Authority for impoundment and disposition .
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 §5-46.
(C) The owner of any animal declared a potentially dangerous animal or dangerous animal by an
animal control officer may appeal the decision to the Animal Advisory Board by submitting a letter of
appeal to the Animal Control Authority 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 Authority. The hearing shall be conducted informally. The animal's
owner and Animal Control Authority 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 animal control officer. Notice of the determination of the Animal
Advisory Board shall be given to the animal's owner and the Animal Control Authority, either personally
or by United States Mail.
SECTION 2. Chapter 5 as existing prior to this amendment, and any
ordinances or parts of ordinances in conflict herewith, 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 in pamphlet form within fifteen days as provided by
law.
ORDINANCE NO. 9200 (Cont.)
L
Enacted: December 2, 2008.
Attest:
Margare Hornady, Mayor
RaNae Edwards, City Clerk `~~~°••°°°'°°•.°~~'~'>~
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