03/25/2014 Ordinances 9479 ORDINANCE NO. 9479
An ordinance to amend Chapter 5 of Grand Island City Code; to amend various
sections beginning at Section 5-1 and ending at Section 5-47; and to add Section 5-7.1 and
Section 5-36.1; and repeal Section 5-34.1; to clarify and/or make general corrections to various
code sections, to repeal 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. Sections 5-1 thru Section 5-47; and Sections 5-7.1 and Section 5-36.1; and
Section 5-34.1 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:
Abandon. To leave any animal in one's care, whether as owner or custodian, for any
unreasonable 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, member of the Animal Kingdom with the following exceptions:
Human beings;
Animals that are sold commercially as food for human consumption;
Animals that are slaughtered as food for human or animal consumption;
Animals that are slaughtered or processed for human use;
Animals that are used for scientific research conducted at commercial or academic
facilities;
Animals that are used as commonly acceptable bait for lawful fishing activities; or
Veuuin.
Animal Abuse. To knowingly, willfully, intentionally or inhumanely kill, maim, injure,
torture, or beat an animal with the following exceptions:
Euthanization or treatment by a Veterinarian or at a Veterinary Hospital or Clinic;
Euthanization or treatment at an Animal Control Facility;
Killing or injuring by members of law enforcement or Animal Control Officers in the
course of their duties;
Approved as to Form n 11.1j:a March 31,2014 n rney
ORDINANCE NO. 9479 (Cont.)
Killing or injuring by persons protecting themselves or others from potential death or
serious injury; or
Training or disciplining an animal using commonly accepted methods.
Animal Control Authority. The entity contracted to enforce the City of Grand Island's animal
control laws. This also includes any law enforcement agencies authorized to enforce local, State,
or Federal animal control laws.
Animal Control Officer. Any person employed or designated by any Animal Control
Authority or law enforcement agency to enforce local, State, or Federal animal control laws.
Animal Shelter. Any facility operated by the City or by the duly authorized Animal Control
Authority for the purpose of impounding or caring for animals held under the authority of this
chapter.
Anti-Escape Barrier. Any housing, fencing, or device humanely designed to prevent a dog
from leaving an area.
Auctions Facility. Any commercial establishment 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.
Bedding. Dry material such as straw, cedar or wood chips, or any other absorbent material
that provides insulation.
Birds. Any feathered vertebrate, including pigeons, but excluding poultry.
Bite. Any seizure with the teeth or mouth by an animal which causes injury or harm.
Boarding Kennel. Any commercial facility used to house animals owned by persons other
than the owner or operator.
Breeder. Any person or entity engaged in breeding and/or selling more than ten (10) animals
in any twelve(12)month period.
Circus. A commercial variety show featuring animal acts for public entertainment.
Commercial Animal Establishment. Any pet shop, grooming shop, auction facility, riding
school or stable, performing animal exhibition, or kennel with the following exceptions:
An animal shelter;
A veterinary hospital or clinic;
- 2 -
ORDINANCE NO. 9479 (Cont.)
A commercial facility that sells, slaughters, or processes animals; or
A commercial or academic animal research facility.
Cruelly mistreat. To knowingly and intentionally kill, maim, disfigure, torture,beat, mutilate,
burn, scald, or otherwise inflict harm upon any animal.
Cruelly neglect. 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. An animal that has killed a human being;has inflicted injury on a human
being that requires medical treatment, or has killed a domestic animal without provocation with
the following exceptions:
An animal that is provoked;
An animal that is serving as a guard for persons or property; or
An animal that kills or injures a person who is trespassing.
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 Shop. A commercial establishment where animals are bathed, clipped, plucked, or
otherwise groomed.
Health Department. The agency or organization the City contracts with or designates to
enforce the provisions of Chapter 5 - Animals of the Grand Island City Code related to public
health and welfare.
Hybrid animal. Any animal which is the product of the breeding of a domestic dog with a
nondomestic canine species.
Humane killing. 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, bovine,
equine, swine, sheep, goats, domesticated cervine animals, ratite birds, or poultry.
- 3 -
ORDINANCE NO. 9479 (Cont.)
Medical treatment. Treatment administered by a physician or other licensed health care
professional.
Mutilation. Intentionally causing permanent injury, disfigurement, degradation of function,
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(s), or legal entity having pennianent control of an animal or housing,
feeding, or controlling an animal for more than three(3) days with the following exceptions:
A boarding kennel; or
A veterinarian, veterinary hospital, or veterinary clinic;
Performing Animal Exhibition. Any spectacle, display, act, circus, fair, or event in which
animals perfoi in.
Pet. Any animal kept for pleasure or companionship rather than solely for 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. (a) Any animal that when unprovoked:
inflicts an injury on a human being that does not require medical treatment; or
injures a domestic animal; or
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.
Restraint. Securing an animal by a leash or lead which results in it being under the control of
owner or custodian or being confined within the real property limits of its owner or custodian.
Riding School or Stable. Any place which has available for hire, boarding and/or riding
instruction, any horse, pony, donkey,mule, or burro.
-4 -
ORDINANCE NO. 9479 (Cont.)
Running at Large. Any dog or other animal eff outside the premises of its owner or custodian
and not controlled by a leash, cord, chain, rope, cage or other suitable means of physical
restraint.
Shelter. Any structure with a roof and at least three(3)walls designed and capable of
protecting and/or housing one or more animals while providing protection from the elements
and affording any animal housed or protected in it, the space to sit, stand, lie down, and turn
around.
Torture. Intentionally subjecting an animal to pain, suffering, or agony with the following
exceptions:
1. The slaughter of animals as food for human or animal consumption;
2. The slaughter or processing of animals for human use;
3. The use of animals for scientific research conducted at commercial or academic
facilities;
4. The use of animals as commonly acceptable bait for lawful fishing activities;
5. The exteitnination of vermin;
6. The euthanization or treatment of an animal by a Veterinarian or at a Veterinary
Hospital or Clinic;
7. The euthanization or treatment of an animal at an animal control facility;
8. The killing or injuring of animals by members of law enforcement or Animal Control
Officers in the course of their duties;
9. The killing or injuring of animals by persons protecting themselves or others from
potential death or serious injury; or
10. The training or disciplining of animals using commonly accepted methods.
Vermin. Animals that infest places where humans live, work, or control and which are
commonly considered objectionable, excluding animals used solely as feeder animals. Examples
include but are not limited to rodents, insects and bee colonies.
Wild Animal. Any animal that is native to a foreign country, of foreign origin or character,
not native to the United States, not native to the State of Nebraska, and/or is any wild, poisonous,
or potentially dangerous animal not normally considered domesticated, including but not limited
to monkeys, raccoons, skunks, snakes and lions but excluding birds and those animals listed on
the Approved Animal List.
§5-2. Animal Advisory Board; Establishment
There is hereby established the Animal Advisory Board of the City of Grand Island,
- 5 -
ORDINANCE NO. 9479 (Cont.)
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 nine(9)members: five (5)members appointed by the mayor
subject to confirmation by the city council;, one(1) of whom shall be a licensed veterinarian,
three(3) shall be registered voters residing within the City of Grand Island and one(1) member
of the City Council. The other four(4)non-appointed members shall consist of the Chief of
police or his/her designee, the City Attorney or his/her designee, the director of the Animal
Control Authority or his/her designee, and the director of the designated health department or
his/her designee. Appointed members shall serve without compensation. The Animal Advisory
Board shall meet during January of each year and/or such other occasions as may be established
by said board.
§5-3. Composition and Memberships Term of Office; Quorum; and Procedure
Said advisory board shall be composed of the following voting members: one
veterinarian and three (3) representatives from the community at large, a member of the City
Council, the Chief of Police or his/her designee, the director of the Animal Control Authority or
his/her designee, and the director of the of health department or his/her designee. The City
Attorney or his/her designee shall serve as an ex officio members without voting privileges. 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;
- 6 -
ORDINANCE NO. 9479 (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 faun 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
- 7 -
ORDINANCE NO. 9479 (Cont.)
constitute a public nuisance, subject to abatement pursuant to §20-15 of the Grand Island City
Code and fine pursuant to §1-7 of this code.
§5-7.1 Selling and/or Giving Away Animals on City or Private Property
No person, partnership, corporation, or any other legal entity shall sell and/or give away
animals on City property. Before the sale and/or giving of animals may occur on private
property, the animal owner must first obtain the written permission of the property owner.
Refusal to leave upon request shall be punishable by a fine as listed in §1-7 of this Code.
§5-8. Commercial Permits; Fee; Renewal
(A) A commercial peunit 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 petluit 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 Animal Control Authority on behalf of the City, or the City's designee or
the Health Department shall be permitted to inspect the premises and all animals thereon semi-
annually. Refusal to allow an inspection by any authorized agent of the City or Health
Department shall be a grounds 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 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:
- 8 -
ORDINANCE NO. 9479 (Cont.)
(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 or neglect of 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.
§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
- 9 -
ORDINANCE NO. 9479 (Cont.)
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 while it is outside its owner's residence.
(B) Each dog or cat registered must be listed and numbered by the treasurer and listed at
the offices of the Animal Control Authority.
(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 pets with shelter of sufficient size to allow each pet to
stand, turn around, and lie down, and be of sufficient construction to shield the pets from the
wind, sun,precipitation and extreme weather conditions.
§5-15. Enclosure Required
Every owner shall 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 securely fastened rope,
chain, of cord, or trolley/pulley system, all of which must be of a size and weight appropriate to
the size, weight and temperament of the animal. Confinement shall be done in such a manner as
to prevent such animal from going onto any public property or onto the property of another.
Enclosures, other than appropriate full yard fences, shall be at least ten(10) feet from any
property line.
§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, and/or chickens shall be at least fifteen(15) feet from any 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;
- 10 -
ORDINANCE NO. 9479 (Cont.)
(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 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(10) 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 Animal Control Authority within ninety(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).
- 11 -
ORDINANCE NO. 9479 (Cont.)
(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 of land 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 §36-
88 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
teen of the conditional use peumit 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 fifteen(15)rabbits of weaning age at any
one time.
(E)No residential property shall have more than thirty(30)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.
§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.
- 12 -
ORDINANCE NO. 9479 (Cont.)
(B) Remove or dispose of in a sanitary manner, the bedding, offal manure, and waste
materials accumulating from all other animals.
(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, Grooming; Owner's Duty
Owners shall provide at a minimum:
(A) Food of sufficient quantity and nutritive value to meet the daily requirements for the
condition and size of the animal and fresh, clean water for his or her animals in containers of
sufficient weight and design as to preclude readily tipping over and spilling the contents.
(B) Adequate shelter in subzero degree temperatures, excessive heat or stormy weather.
(C) Grooming of animals as required to keep the animal free from dangerous matting,
skin disease and insect infestation which can affect the health of the animal.
(D) Keep the enclosure or tethered area where the animal is kept free from unsanitary
conditions, vermin-harboring debris,junk, contaminated materials, chemicals dangerous to the
health of the animal or any other dangerous items that may cause injury to the animal or in any
other way endanger the health of the animal.
(E) Appropriate veterinary care for treatment of injuries, parasite and disease, sufficient
to maintain good health.
§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 peilliit any fight or other combat between
animals, or between animals and humans.
(C)No person shall cause,place or confine an animal or allow an animal to be confined
in a dwelling, motor vehicle or trailer under such conditions or for such periods of time as to
endanger the health or well-being of the animal including,but not limited to, extremes of heat or
cold, lack of food or water, or any other circumstance which may cause suffering, disability,
injury or death.
§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.
- 13 -
ORDINANCE NO. 9479 (Cont.)
§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 authority 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 City of Grand Island, or its
designee,.by the 10th of each month following the date of issuance.
- 14 -
ORDINANCE NO. 9479 (Cont.)
§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, 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, chain, or
trolley system that is of a size and weight appropriate to the size, weight and temperament of the
animal to prevent the animal from leaving the owner's premises. It shall be the duty of Animal
Control Authority or other appropriate city law enforcement officer to impound any animal
found running at large within the City of Grand Island. Every deg animal 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 at the discretion of the Animal Control Authority or other
appropriate city law enforcement officer.
§5-34.1. Reserved
§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 Sheriff's 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.
- 15 -
ORDINANCE NO. 9479 (Cont.)
§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 than ten(10)
inches by twelve (12) inches and shall contain the words warning and dangerous animal in high-
contrast lettering at least three(3) 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.
§5-36.1 Dangerous and Potentially Dangerous Animals; Actions Required; Costs
(A) A dangerous or potentially dangerous animal that has been declared as such shall be
spayed or neutered and implanted with a microchip identification number by a licensed
veterinarian within thirty (30) days after such declaration. The cost of both procedures shall be
the responsibility of the owner of the dangerous or potentially dangerous animal. Written proof
of both procedures and the microchip identification number shall be provided to the Animal
Control Authority after the procedures are completed not to exceed thirty (30) days after the
declaration of dangerous or potentially dangerous has been made.
(B) Failure to have the animal spayed or neutered and implanted with a microchip
identification number within thirty(30) days of the declaration will result in the impoundment of
the animal pursuant to §5-44.
(C) Failure to provide proof the animal being spayed or neutered and implanted with a
microchip identification number within thirty (30) days of the declaration will result in the
impoundment of the animal pursuant to §5-44.
(D) Any person violating any provision of this section shall be fined pursuant to §1-7 of
this code. If a violation is of a continuing nature, i.e., each day after the deadline that the animal
is not spayed/neutered or microchipped, each day of the violation shall constitute a separate
violation.
§5-37. Dangerous and Potentially 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.
- 16 -
ORDINANCE NO. 9479 (Cont.)
(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.
(B) Owners will be subject to fine pursuant to §1-7 of this code, or Nuisance Owner
declaration pursuant to §5-46 at the discretion of the Animal Control Authority or other law
enforcement personnel.
§5-39. Pet Excreta; Removal by Owner
The owner of any animal which, while off the property of its owner, 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.
- 17 -
ORDINANCE NO. 9479 (Cont.)
(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) Failure to obtain a wild animal license will result in a fine as listed §1-7 of the City
Code.
(E) In the event a person wishes to keep or permit to be kept on his or her 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
(1) Any animal which is owned by a person and has bitten any person or caused an abrasion of
the skin of any person shall be seized by the animal control authority for a period of not less than
ten days if:
(a) The animal is suspected of having rabies, regardless of the species and whether or not the
animal has been vaccinated;
- 18 -
ORDINANCE NO. 9479 (Cont.)
(b) The animal is not vaccinated and is of a species determined by the State of Nebraska to be
a rabid species; or
(c) The animal is of a species which has been determined by the State of Nebraska to be a
rabid species not amenable to rabies protection by immunization, whether or not such animal has
been vaccinated. If, after observation and examination by a veterinarian, at the end of the ten-day
period the animal shows no clinical signs of rabies, the animal may be released to its owner
unless otherwise prohibited by law.
(2)(a) Except as provided in subdivision (b) of this subsection, whenever any person has been
bitten or has an abrasion of the skin caused by an animal owned by another person, which animal
has been vaccinated in accordance with State law or regulation or if such injury to a person is
caused by an owned animal determined by the State of Nebraska to be a rabid species amenable
to rabies protection by immunization which has been vaccinated, such animal shall be confined
by the owner or other responsible person as required by the animal control authority for a period
of at least ten days and shall be observed and examined by a veterinarian at the end of such ten-
day period. If no clinical signs of rabies are found by the veterinarian, such animal may be
released from confinement unless ownership of the animal is otherwise prohibited by law.
(b) A vaccinated animal owned by a law enforcement or governmental military agency which
bites or causes an abrasion of the skin of any person during training or the performance of the
animal's duties may be confined as provided in subdivision (a) of this subsection. Such agency
shall maintain ownership of and shall control and supervise the actions of such animal for a
period of fifteen days following such injury. If during such period the death of the animal occurs
for any reason, a veterinarian shall within twenty-four hours of the death examine the tissues of
the animal for clinical signs of rabies.
(3)Any animal of a rabid species which has bitten a person or caused an abrasion of the skin
of a person and which is unowned or the ownership of which cannot be determined within
seventy-two hours of the time of the bite or abrasion shall be immediately subject to any tests
which the animal control authority believes are necessary to determine whether the animal is
afflicted with rabies. The seventy-two-hour period shall include holidays and weekends and shall
not be extended for any reason. The tests required by this subsection may include tests which
require the animal to be destroyed.
(4)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.
(5) In the case of domestic or hybrid animals known to have been bitten by a rabid animal,
the following rules shall apply:
- 19 -
ORDINANCE NO. 9479 (Cont.)
(a) If the bitten or exposed domestic or hybrid animal has not been vaccinated in accordance
with State statute, such bitten or exposed domestic or hybrid animal shall be immediately
destroyed unless the owner is willing to place such domestic or hybrid animal in strict isolation
in a kennel under veterinary supervision for a period of not less than six months; and
(b) If the bitten or exposed domestic or hybrid animal has been vaccinated in accordance
with State statutes, such domestic or hybrid animal shall be subject to the following procedure:
(1) Such domestic or hybrid animal shall be immediately revaccinated and confined for a period
of not less than thirty days following vaccination; (2) if such domestic or hybrid animal is not
immediately revaccinated, such domestic or hybrid animal shall be confined in strict isolation in
a kennel for a period of not less than six months under the supervision of a veterinarian; or(3)
such domestic or hybrid animal shall be destroyed if the owner does not comply with either
subdivision (1) or(2) of this subdivision.
§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 maybe 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 confoluiance with §5-36 or comply with §5-36.1 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 deteunined 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 or comply
with §5-36.1 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.
- 20 -
ORDINANCE NO. 9479 (Cont.)
(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 Owner
(A) Any owner or custodian in possession of any animal regulated by this Chapter may
be declared a Nuisance Owner upon written request by the Animal Control Authority, Animal
Advisory Board or Law Enforcement of the City of Grand Island for any one of the following:
The owner is convicted of one or more violations of this Chapter on four(4) separate
occasions in a twenty-four(24)month period; or
The owner has failed to comply with the requirements of City Code after the animal has
been deemed Potentially Dangerous or Dangerous;
(B) Upon written request by the Animal Control Authority, Animal Advisory Board or
Law Enforcement officials to declare an owner a Nuisance Owner, the owner must surrender the
animal to the Animal Control Authority within five (5) days of receiving notice of Nuisance
Ownership. Service of Nuisance Ownership shall be by personal service or certified U.S. Mail to
the last known address of the owner. The animal will be impounded by the Animal Control
Authority until a final deteunination of Nuisance Ownership has been made.
(C) In the event continuation of the nuisance ownership 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 where the animal resides, the animal shall be impounded immediately
by the Animal Control Authority and held until final determination of Nuisance Ownership is
made.
(D) The owner may accept the Notice of Nuisance Ownership as a final deteuliination,
or the owner may appeal the Notice of Nuisance Ownership pursuant to Article VIII of this
Chapter.
(E) Upon either acceptance of a Nuisance Ownership determination or after appeal and a
determination by the Animal Advisory Board of Nuisance Ownership, the disposition of the
animal will be at the discretion of the Animal Control Authority and what it determines
appropriate.
(F) The owner will be responsible for payment of all impoundment fees as laid out in the
City Fee Schedule.
(G) Nuisance owners shall be prohibited from owning or residing with any animal within
the corporate limits of the City of Grand Island for a period of two (2) years from the date of
- 21 -
ORDINANCE NO. 9479 (Cont.)
determination. Owners found to be in violation of this subsection shall be subject to the Animal
Control Authority immediately impounding and disposing of the animal. Ultimate disposition of
the animal will be at the discretion of the Animal Control Authority.
(H) Any person violating any provision of this section shall be fined pursuant to §1-7 of
this code. If a violation is of a continuing nature, i.e., each day after the deadline that the animal
is in the possession of a prohibited owner, each day of the violation shall constitute a separate
violation.
Article VIII. Appeal Procedure
§5-47. Dangerous and Potentially Dangerous; Nuisance Owner2 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, or an owner is a Nuisance
Owner pursuant to §5-46 above, written notice declaring the animal a dangerous or potentially
dangerous animal or an owner a Nuisance Owner shall be delivered to the animal's owner either
by personal service or by Certified U.S. mail addressed to the last known address of said owner.
(B) In 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, or declaration of a Nuisance Owner pursuant to §5-46 above
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 thirty(30) minutes or less. Upon
conclusion of the hearing the Animal Advisory Board may reverse, modify or affirm the
declaration of the Animal Control Authority. 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.
- 22 -
ORDINANCE NO. 9479 (Cont.)
SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. 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: March 25, 2014.
c�
Jay avricek, Mayor
Attest:
A •
...,ci __
,,_
.. 6 U-X--- - . ■ '
RaNae Edwards, City Clerk �. ,,,,Oem'',,',',',',,n \
- 23 -