06/27/2023 Ordinances 9934ORDINANCE NO. 9934
An ordinance to amend Chapter 5 of Grand Island City Code; to amend various
sections, more specifically Sections 5-1, 5-14 — 5-18, 5-27, 5-24 and Section 5-41.1; 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, 5-14 — 5-18, 5-27, 5-24 and Section 5-41.1of the Grand
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Island City Code are 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:
A. Human beings;
B. Animals that are sold commercially as food for human consumption;
C. Animals that are slaughtered as food for human or animal consumption;
D. Animals that are slaughtered or processed for human use;
E. Animals that axe used for scientific research conducted at commercial or academic
facilities;
F. Animals that are used as commonly acceptable bait for lawful fishing activities; or
G. Vermin.
Animal Abuse. To knowingly, willfully, intentionally or inhumanely kill, maim, injure,
torture, or beat an animal with the following exceptions:
A. Euthanization or treatment by a Veterinarian or at a Veterinary Hospital or Clinic;
B. Euthanization or treatment at an Animal Control Facility;
ORDINANCE NO. 9934 (Cont.)
C. Killing or injuring by members of law enforcement or Animal Control Officers in the
course of their duties;
D. Killing or injuring by persons protecting themselves or others from potential death or
serious injury; or
E. Training or disciplining an animal using commonly accepted methods.
Animal Control Authoritv. 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 O,�'f cer. 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 Facilitv. 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.
Beddin�. Dry material such as straw, cedar or wood chips, or any other absorbent material
that provides insulation.
Bird�. Any feathered vertebrate, including pigeons, but excluding poultry.
Bite. Any seizure with the teeth or mouth by an animal which causes injury or harm.
Boardin� 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:
A. An animal shelter;
B. A veterinary hospital or clinic;
C. A commercial facility that sells, slaughters, or processes animals; or
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ORDINANCE NO. 9934 (Cont.)
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D. A commercial or academic animal research facility.
Cruellv mistreat. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate,
burn, scald, or otherwise inflict harm upon any animal.
Cruellv ne�lect. 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.
Dan�erous 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:
A. An animal that is provoked;
B. An animal that is serving as a guard for persons or property; or
C. 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.
Groomin� Sho�. 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.
Hvbrid 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 or poultry commonly associated with domestic agricultural
purposes, including but not limited to: horses, mules, donkeys, cows, sheep, goats, llamas, hogs,
domesticated cervine animals, chickens, ducks, ratite birds, or turkeys.
Medical treatment. Treatment administered by a physician or other licensed health care
professional.
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ORDINANCE NO. 9934 (Cont.)
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 permanent control of an animal or housing,
feeding, or controlling an animal for more than three (3) days with the following exceptions:
A. A boarding kennel; or
B. A veterinarian, veterinary hospital, or veterinary clinic;
Performin� Animal Exhibition. Any spectacle, display, act, circus, fair, or event in which
animals perform.
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.
Potentiallv Dan�erous Animal.
A. Any animal that when unprovoked:
1. inflicts an injury on a human being that does not require medical
treatment; or
2. injures a domestic animal; or
3. 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, ar to threaten the safety of humans or domestic animals.
Poultrv. Domesticated fowl which are bred for the primary purpose of producing eggs or
meat, including but not limited to chickens, ducks, ratite birds, turkeys, geese, waterfowl, and
game birds, excluding doves and pigeons.
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.
Ridin� School or Stable. Any place which has available for hire, boarding and/or riding
instruction, any horse, pony, donkey, mule, or burro.
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ORDINANCE NO. 9934 (Cont.)
restraint.
Running at Large. Any dog or other animal outside the premises of its owner or custodian
and not controlled by a leash, cord, chain, rope, cage or other suitable means of physical
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:
A. The slaughter of animals as food for human or animal consumption;
B. The slaughter or processing of animals for human use;
C. The use of animals for scientific research conducted at commercial or academic
facilities;
D. The use of animals as commonly acceptable bait for lawful fishing activities;
E. The extermination of vermin;
F. The euthanization or treatment of an animal by a Veterinarian or at a Veterinary
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Hospital or Clinic;
G. The euthanization or treatment of an animal at an animal control facility;
H. The killing or injuring of animals by members of law enforcement or Animal Control
Officers in the course of their duties;
I. The killing or injuring of animals by persons protecting themselves or others from
potential death or serious injury; or
J. The training or disciplining of animals using commonly accepted methods.
T�ermin. 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.
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
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ORDINANCE NO. 9934 (Cont.)
stand, turn around, and lie down, and be of sufficient construction to shield the pets from the
wind, sun, precipitation and extreme weather conditions.
No owner shall fail to provide chicken hens with shelter in the form of a hen house or
coop. A hen house or coop must be of sufficient construction to shield the hens from the wind,
sun, precipitation and extreme weather conditions, while being well-ventilated and designed for
easy access for cleaning. Chicken coops or hen houses must allow at least one and one-half (1.5)
square feet of floor space per chicken hen.
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, e� 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 or enclosures used to confine rabbits, birds or
chickens, 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, or chickens shall be at least twenty (20) feet from any residence other than the residence of
the owner of said enclosure. Rabbit hutches, chicken coops and enclosures shall not be located
within five (5) feet of a property line and must be adequately secured to contain the animals on
the property and to prevent predators from obtaining access to the enclosure.
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,
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ORDINANCE NO. 9934 (Cont.)
shall also take into consideration the extent to which the following facts, favorable to the
applicant, have been established by the evidence:
a. That the majority of the applicant's neighbors have presented no
objection to the proposed variance;
b. That the variance, if granted, would not be a threat to the public health,
safety, and welfare;
c. 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 far which the variance is
sought.
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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.
C. An enclosure shall be considered registered with the Animal Control Authority when
an owner has submitted a diagram or aerial photo of the enclosure on the property clearly
showing compliance with the distance requirements.
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 (excluding
chickens) for retail sale and governmental and/or non-profit educational facilities, shall
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ORDINANCE NO. 9934 (Cont.)
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keep or maintain on his or her property any fowl (excluding 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).
No person shall keep or maintain on his or her residential property chicken hens in a
number that exceeds eight (8), with no less than three (3) on any lot of less than one (1)
acre in size. No person shall keep or maintain on his or her residential property chicken
hens in a number that exceeds twenty-four (24) chicken hens per one (1) acre (i.e., two
(2) acres may be occupied by forty-eight (48) chicken hens).
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 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.
E. No residential property shall have more than fifteen (15) rabbits of weaning age at any
one time.
F. No residential property shall have more than thirty (30) birds over six months of age at
any one time.
G. 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.
H. No residential property shall have more than four dogs and/or cats over three months of
age.
I. No residential property shall have more than four different species of animals sheltered
and/or enclosed outside the residence.
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 three (3) to a single purchaser.
5-34 Running at Large; Restraint Required
It shall be unlawful for any owner to suffer or permit any dog, cat, chicken 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
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ORDINANCE NO. 9934 (Cont.)
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 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.
5-41.1 Roosters Prohibited
No person shall keep or maintain roosters or hens that crow 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.
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: June 27, 2023
,
Roger Stee e, Mayor
Attest:
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RaNae Edwards, City Clerk
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