08/11/2009 Ordinances 9228ORDINANCE NO. 9228
An ordinance to amend Grand Island City Code Chapter 5 Sections 5-l, 5-
2, 5-15, 5-16, 5-25, 5-34, 5-37, and 5-43 regarding definitions, meeting dates, restraint,
and rabies observation; to harmonize the code 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. Sections 5-1, 5-2, 5-15, 5-16, 5-25, 5-34, 5-37, and 5-43 of
the Grand Island City Code are amended to read as follows:
§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(fcer. 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).
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
ORDINANCE NO. 9228 (Cont.)
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 Shop. 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.
Hybrid animal. Means any animal which is the product of the breeding of a domestic dog with a
nondomestic canine species;
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 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, 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.
Performing Animal Exhibition. Any spectacle, display, act, or event other than circuses in which
performing animals are used.
Pet. Any animal kept for pleasure rather than utility.
Pet Shop. Any person, partnership, or corporation, whether operated separately or in connection
with another business except for a licensed kennel, that buys, sells, or boards any species of animal.
Potentially 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.
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, 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.
ORDINANCE NO. 9228 (Cont.)
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
impairment of the function of any bodily organ.
Shelter. Any structure with a roof and walls designed and/or intended to house one or more
animals.
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.
§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 January 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.
§5-15. Enclosure Required
No owner shall fail to confine his or her animals within an enclosure of sufficient size and design
to prevent the animal from escaping or to restrain said animal by a securely fastened rope, chain, or cord 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;
ORDINANCE NO. 9228 (Cont.)
(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.
§5-25. 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.
§5-34. 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 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.
§5-37. 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.
(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) Ir- the event an animal conforming to the definition ofpotentially 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.
§5-43. 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;
(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
ORDINANCE NO. 9228 (Cont.)
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 maybe 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:
(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.
SECTION 2. The foregoing sections of 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.
ORDINANCE NO. 9228 (Cont.)
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.
Enacted: August 11, 2009.
Margaret ornady, Mayor
Attest:
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RaNae Edwards, City Clerk
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Approved as to Form Q ~'/
August 19, 2009 c CC' y Attorney
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