City of
WAYNE,
NEBRASKA
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*Cross references: Environment, ch. 34; health and
sanitation, ch. 42; rodents and insects, § 42-71 et seq.; disposal of dead
animals, § 66-10; agricultural districts, § 90-91 et seq.
State law
references: Authority to
regulate animals, R.R.S. 1943, §§ 16-206, 16-235--16-237.
__________
Article
I. In General
Sec. 14-1. Impounding.
Sec. 14-2. Animal shelter.
Sec. 14-3. Running at large.
Sec. 14-4. Keeping of wild animals.
Sec. 14-5. Cruelty.
Sec. 14-6. Killing and injuring.
Sec. 14-7. Banned from the city.
Sec. 14-8. Pigeons banned.
Sec. 14-9. Beekeeping banned.
Sec.
14-10. Animal Waste.
Secs. 14-11-14-40. Reserved.
Article
II. Dogs
Division
1. Generally
Sec.
14-41. Definitions.
Sec.
14-42. License.
Sec. 14-43. Kennel licensing.
Sec.
14-44. License tags.
Sec.
14-45. Wrongful licensing.
Sec.
14-46. Limit per Household and Liability
of person caring for dog.
Sec.
14-47. Nonresident dogs.
Sec.
14-48. Unlicensed.
Sec.
14-49. Running at large.
Sec.
14-50. Capture impossible.
Sec.
14-51. Interference with police.
Sec.
14-52. Barking and offensive.
Sec.
14-53. Female in season.
Sec.
14-54. Liability of owner.
Sec.
14-55. Removal of tags.
Secs.
14-56--14-70. Reserved.
Division
2. Vicious Dogs
Sec.
14-71. Confinement of vicious dogs.
Sec. 14-72. Leash and muzzle.
Sec.
14-73. Signs.
Sec.
14-74. Insurance.
Sec.
14-75. Duty of owner.
Sec.
14-76. Dog declared vicious.
Sec.
14-77. Penalties.
Secs.
14-78--14-80. Reserved.
Article III.
Cats
Sec.
14.81. Registration.
Sec.
14-82. Limit per household.
Sec.
14-83. Kennel licensing.
Sec.
14-84. Unauthorized feeding or
trapping.
Sec.
14-85. Confinement of cats.
Sec.
14-86. Registration Tags.
Sec.
14-87. Wrongful licensing.
Sec.
14.88. Liability of person caring for
cat.
Sec.
14-89. Nonresident cats.
Sec.
14-90. Unregistered cats.
Sec.
14-91. Interference with police.
Sec.
14-92. Capture impossible.
Sec.
14-93. Offensive.
Secs. 14-94—14-100. Reserved.
Article IV. Rabies
Sec.
14-101. Proclamation.
Sec.
14-102. Rabies suspected.
Sec. 14-103. Procedure when suspected.
Sec.
14-104. Destruction of animal.
Sec.
14-105. Rabies; duty to report.
It shall be the duty of the police
to capture, secure, and remove in a humane manner to the designated animal
shelter any animal violating any of the provisions of this chapter. The animals so impounded shall be treated in
a humane manner and shall be provided with a sufficient supply of food and
fresh water each day. Each impounded
animal shall be kept and maintained at the pound for a period of not less than
five calendar days for animals, cats, and dogs unless reclaimed earlier by the
owner. Notice of impoundment of all
animals, including any significant marks or identifications, shall be posted at
the office of the police department within 24 hours after impoundment as public
notification of such impoundment. Any
animal may be reclaimed by its owner during the period of impoundment by
payment of the required impoundment and boarding fees, and any additional fees
as charged by the animal shelter or other place of impoundment. The owner shall then be required to comply
with the licensing and rabies vaccination requirements within 72 hours after
release. If the animal is not claimed
at the end of the required waiting period after public notice has been given,
the police may dispose of the animal in accordance with the applicable rules
and regulations. If in the judgment of
the police a suitable home can be found for any such animal within the city,
the animal shall be turned over to that person; and the new owner shall then be
required to pay all fees and meet all licensing and vaccinating requirements
provided in this article. The city
shall acquire legal title to any unlicensed animal impounded in the designated
animal shelter for a period longer than the required waiting period after
giving notice. All animals shall be
destroyed and buried in the summary and humane manner as prescribed by the
board of health unless a suitable home can be found for such animal.
The city may contract for humane
shelter, spay/neutering, and euthanization services with a commercial or
non-profit organization through written agreement containing minimum population
density standards, hygiene standards, documentation of services, and disposal.
(Code 1974, § 6-201; Ord. No. 2004-7, §, 2,
9-14-2004)
State law
references: Impoundment
of animals authorized, R.R.S. 1943, §§ 16-235, 16-236.
The designated animal
shelter shall be safe, suitable and conveniently located for the impounding,
keeping and destruction of animals. The shelter shall be sanitary, ventilated
and lighted.
(Code 1974, § 6-202)
State law
references: Authority to
maintain an animal pound, R.R.S. 1943, § 16-236.
It shall be unlawful for
the owner, keeper or harborer of any animal, or any person having the charge,
custody, or control of an animal, to permit a horse, mule, cow, sheep, goat,
swine or other animal to be driven or run at large on any of the public ways
and property, or upon the property of another.
(Code 1974, § 6-203)
State law
references: Authority to
regulate and prohibit animals running at large, R.R.S. 1943, § 16-235.
No wild animals may be
kept within the corporate limits except under such conditions as shall be fixed
by the council. Such animals kept for exhibition purposes by circuses and
educational institutions shall be kept in accordance with special regulations
established by the council.
(Code 1974, § 6-204)
No person shall cruelly
or unnecessarily beat, overwork, or insufficiently shelter or feed any animal
within the city.
Shelter for a dog is
defined as a structure having four sides in addition to a roof and floor, with
one side having an entrance. The
shelter should be small enough so the dog's body heat will keep it warm and yet
be large enough for the dog to stand and turn around. It should protect the dog from temperature extremes and
precipitation. The shelter should be in
good condition with no nails or other protruding objects. Some type of flap should be over the
entrance to keep out wind and rain.
Bedding material should be of a type that does not hold moisture and be
maintained, cleaned, and replaced as needed.
(Code 1974, § 6-205;
Ord. No. 2003-33, § 2, 12-9-2003; Ord. No. 2004-7, 9-14-2004)
State law
references: Cruelty to
animals, R.R.S. 1943, § 28-1009.
No person shall kill or
injure any animal by the use of firearms, stones, clubs, poisons or any other
manner unless the animal is vicious or dangerous and cannot be captured without
danger to the persons attempting to effect a capture of the animal.
(Code 1974, § 6-206)
No person shall keep or
maintain any animal within the corporate limits of the city except upon
obtaining a special permit from the council. Such permit shall specify the
place when any such animal may be kept. This section shall not apply to the
keeping or maintaining of dogs, cats, house birds, gerbils, hamsters, guinea
pigs and pet fish. Further, this section shall not apply to commercial sale
barn operators, commercial meat slaughtering or packing plant operators,
commercial hatcheries, and animal hospitals or clinics operated by licensed
veterinarians.
(Code 1974, § 6-207)
No person shall keep,
harbor or permit any pigeons to nest or stay upon his premises or make their
home on his premises. Any pigeon found or kept within the city shall be held to
constitute a nuisance and may be killed by any police officer.
(Code 1974, § 6-208)
No person shall keep any
bees on his property or in hives under his charge. Any bees found or kept
within the city shall be held to constitute a nuisance and may be exterminated
by any police officer.
(Code 1974, § 6-209)
State law
references: Apiary Act,
R.R.S. 1943, § 81-2,165 et seq.
Sec. 14-10. Animal Waste. (return to ch. 14)
It shall be unlawful for the owner of any animal to allow
the animal to defecate off of the property of the owner, or on any public
property, unless the animal owner immediately collects and removes the animal
waste from the property. It shall be
unlawful for any person to dispose of any pet or animal waste by dumping or
abandoning said waste on property located within the city limits. The owner of any animal that damages
property by defecating on said property shall be liable for the damage
resulting therefrom.
(Ord. No. 2004-7, § 9-14-2004)
Secs. 14-11-14-40. Reserved. (return to ch. 14)
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*State law
references: Dogs
generally, R.R.S. 1943, § 54-601 et seq.
__________
The following words,
terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different
meaning:
Owner means any person possessing or harboring
or having the care or custody of a dog.
Unconfined means that the dog is not securely
confined indoors or confined in a securely enclosed and locked pen or structure
upon the premises of the owner of the dog. The pen or structure must have
secure sides and a secure top attached to the sides. If the pen or structure
has no bottom secured to the sides, the sides must be embedded into the ground
no less than one foot. All such pens and structures must be adequately lighted
and kept in a clean and sanitary condition.
Vicious dog means:
(1) Any dog with a known propensity, tendency or
disposition to attack unprovoked, to cause injury to, or otherwise threaten the
safety of human beings or domestic animals;
(2) Any dog which because of its size, physical
nature, or vicious propensity is capable of inflicting serious physical harm or
death to humans and which would constitute a danger to human life or property
if it were not kept in the manner required by this article;
(3) Any dog which, without provocation, attacks or
bites, or has attacked or bitten, a human being or domestic animal;
(4) Any dog owned or harbored primarily or in part
for the purpose of dog fighting, or any dog trained for dog fighting; or
(5) Any pitbull terrier, which shall be defined as
any American Pitbull Terrier or Staffordshire Bull Terrier or American Staffordshire
Terrier breed of dog, or any mixed breed of dog which contains as an element of
its breeding the breed of dog which contains as an element of its breeding the
breed of American Pitbull Terrier or Staffordshire Bull Terrier, or American
Staffordshire Terrier as to be identifiable as partially of the breed of
American Pitbull Terrier or Staffordshire Bull Terrier, or American
Staffordshire Bull Terrier.
(Code 1974, § 6-118)
Cross references: Definitions generally, § 1-2.
Any person or resident
who shall own, keep or harbor a dog over the age of six months within the city
shall within 30 days after acquisition of the dog, or moving to the city,
acquire a license for each dog annually on or before May 1 of each year.
Licenses shall be issued by the chief of police upon the payment of the current
license fee for each dog. This license shall not be transferable; and no refund
will be allowed in the case of death, sale or other disposition of the licensed
dog. The applicant for a license shall state at the time the application is
made upon printed forms the name and address, and the name, breed, color and
sex of each dog owned, kept or harbored. A certificate that the dog has had a
rabies shot effective for the year of a license shall be presented with the
license application, and no license or tag shall be issued until the
certificate is presented to the chief of police. The fee shall be delinquent
after the expiration of 30 days from May 1 of each year; however, the owner of
any dog becoming subject to the city license requirements subsequent to May 1
of each year shall not be subject to a penalty if the license fee is paid and
licensed within 30 days of the time the dog became subject to the license.
After the 30-day grace period allowed in this section, the current license fee
and penalty shall be paid on all annual licenses obtained after the grace
period.
(Code 1974, § 6-101)
State law
references: Authority to
license dogs, R.R.S. 1943, § 16-206.
All kennels within the
corporate limits of the city must be licensed. If the kennel is licensed, the cats
or dogs maintained in the kennel shall not be required to be licensed also. At
the option of the owner of the kennel, each cat or dog may be licensed
separately in lieu of the kennel license. All licensing requirements, deadlines
and penalties applicable to cat or dog licenses shall apply to a kennel
license, except that the annual tax for a kennel shall be set by the council.
For purposes of this section, a kennel operator shall be any person engaged in
the commercial business of owning, breeding, buying, selling or boarding more
than four cats or four dogs.
(Code 1974, § 6-102;
Ord. No. 2004-7, §, 2, 9-14-2004)
Upon the payment of the
required license fee, the chief of police shall issue to the applicant a
license certificate and a metallic tag for each cat or dog's license. The
metallic tags shall be properly attached to the collar or harness of all cats
or dogs so licensed and shall entitle the applicant to keep or harbor the dog
in the city until April 30 following such licensing. If a license tag is lost
and upon satisfactory evidence that the original plate or tag was issued in
accordance with the provisions in this article, the chief of police shall issue
a duplicate or new tag for the balance of the year for which the license fee
has been paid and shall charge and collect the current license fee for each
duplicate or new tag so issued. All license fees and collections shall be
immediately credited to the general fund. It shall be the duty of the chief of
police to issue tags of a suitable design that are different in appearance each
year.
(Code 1974, § 6-103;
Ord. No. 2004-7, §, 2, 9-14-2004)
It shall be unlawful for
the owner, keeper or harborer of any dog to permit or allow such cat or dog to
wear any license, metallic tag or other city identification than that issued by
the chief of police for dogs.
(Code 1974, § 6-104;
Ord. No. 2004-7, §, 2, 9-14-2004)
Sec. 14-46.
Limit per Household and Liability of Person Caring for Dog. (return to ch.
14)
The limit of dogs per
residence shall be four. Offspring of
dogs will be allowed to be nursed and raised until eight weeks of age and at
that time must be removed from the household where kept to reduce the total
number of dogs over eight weeks of age in the household to the maximum of
four. Any person who shall harbor or
permit any dog to be, for ten days or more, in or about his house, store or
enclosure, or to remain to be fed shall be deemed the owner and possessor of
such dog and shall be deemed to be liable for all penalties prescribed in this
article and for all damages which such dog shall cause.
(Code 1974, § 6-105;
Ord. No. 2004-7, §, 2, 9-14-2004)
State law
references: Similar
provisions, R.R.S. 1943, § 54-606.
The licensing
requirements of this article shall not apply to any cat or dog belonging to a
nonresident of the city and kept within the city for not longer than 30 days;
however, all such cats or dogs shall at all times while in the city be kept
within a building, enclosure, or vehicle or be under restraint by the owner.
(Code 1974, § 6-106;
Ord. No. 2004-7, §, 2, 9-14-2004)
All cats or dogs found
running at large upon the streets and public grounds of the city are declared a
public nuisance. Cats or dogs found running at large shall be impounded by the
police in the designated animal shelter.
(Code 1974, § 6-107;
Ord. No. 2004-7, §, 2, 9-14-2004)
An animal shall be
deemed to be at large when he is off the property of his owner and not under
control or restraint of a competent person. For purposes of this section,
restraint shall mean controlled by leash, "at heel" beside a
competent person and obedient to that person's commands, on or within a vehicle
being driven or parked on the streets, or within the property limits of his
owner or keeper.
(Code 1974, § 6-108)
State law
references: Penalty for
permitting dogs to run at large, R.R.S. 1943, § 54-607.
The police shall have
the authority to kill any animal showing vicious tendencies, or characteristics
of rabies which make capture impossible because of the danger involved.
(Code 1974, § 6-109)
State law
references: When killing
dogs permitted, R.R.S. 1943, § 54-604.
Sec. 14-51.
Interference with police. (return to ch. 14)
It shall be unlawful for
any person to hinder, delay, or interfere with any police officer who is
performing any duty enjoined upon him by the provisions of this article, or to
break open, or in any manner directly or indirectly aid, counsel or advise the
breaking open of the animal shelter, any ambulance wagon, or other vehicle used
for the collecting or conveying of cats or dogs to the shelter.
(Code 1974, § 6-111;
Ord. No. 2004-7, §, 2, 9-14-2004)
State law
references: Similar
provisions, R.R.S. 1943, § 28-906.
(a) It shall be unlawful for any person to
own, keep or harbor any dog which by loud, continued or frequent barking,
howling or yelping shall annoy or disturb any neighborhood or person, or which
habitually barks at or chases pedestrians, drivers or owners of horses or
vehicles while they are on any public sidewalks, streets or alleys in the city.
The provisions of this section shall not be construed to apply to the
designated animal shelter.
(b) The phrase "annoy or disturb the
neighborhood" shall include, but not be limited to, the creation of any
noise constituting a nuisance by any animal which can be heard by any person,
including a law enforcement officer, from a location outside of the building or
premises where the animal is being kept and which animal noise occurs
repeatedly over at least a ten-minute period of time with one minute or less
lapse or time between each animal noise during the ten-minute period.
(Code 1974, § 6-112)
It is unlawful for the
owner, keeper or harborer of a female dog to permit her to run at large within
the city while in season. Any such female dog found running at large in
violation of this section shall be declared to be a public nuisance and as such
may be impounded or killed according to the provisions in this article.
(Code 1974, § 6-113)
It shall be unlawful for
any person to allow a cat or dog owned, kept or harbored by him, or under his
charge or control, to injure or destroy any real or personal property of any
description belonging to another person. The owner or possessor of any such cat
or dog, in addition to the usual judgment upon conviction, may be made to be
liable to the persons so injured in an amount equal to the value of the damage
so sustained.
(Code 1974, § 6-114;
Ord. No. 2004-7, §, 2, 9-14-2004)
State law
references: Similar
provisions, R.R.S. 1943, § 54-601.
It shall be unlawful for
any person to remove or cause to be removed the collar, harness or metallic tag
from any licensed cat or dog without the consent of its owner, keeper or
possessor.
(Code 1974, § 6-115;
Ord. No. 2004-7, §, 2, 9-14-2004)
Secs.
14-56--14-70. Reserved. (return to ch. 14)
__________
*State law
references: Dangerous
dogs, R.R.S. 1943, § 54-617 et seq.
__________
Sec. 14-71.
Confinement of vicious dogs. (return to ch. 14)
The owner of a vicious dog shall not
suffer or permit the dog to go unconfined.
(Code 1974, § 6-119;
Ord. No. 2004-7, §, 2, 9-14-2004)
The owner of a vicious
dog shall not suffer or permit the dog to go beyond the premises of the owner
unless the dog is securely muzzled and restrained by a chain or leash, and
under the physical restraint of a person.
The muzzle shall be made in a manner that will not cause injury to the
dog or interfere with its vision or respiration, but shall prevent it from
biting any human or animal.
(Code 1974, § 6-120;
Ord. No. 2004-7, §, 2, 9-14-2004)
The owner of a vicious
dog shall display in a prominent place on his premises a clearly visible
warning sign indicating there is a vicious dog on the premises. A similar sign is required to be posted on
the pen or kennel of the animal.
(Code 1974, § 6-121;
Ord. No. 2004-7, §, 2, 9-14-2004)
Owners of vicious dogs
must provide proof to the city clerk of public liability insurance in the
amount of at least $25,000.00, insuring the owner for any personal injuries
inflicted by his vicious dog.
(Code 1974, § 6-123;
Ord. No. 2004-7, §, 2, 9-14-2004)
It shall be unlawful for
the owner of any dog involved in a bite or bodily injury to another person or
domestic animal to fail to immediately prevent further bites or injury, and
immediately furnish to the person or person injured, or in the case of a
juvenile, the parent or guardian of the juvenile, the owner's name and address
and the rabies tag number and dog license number of the dog.
(Code 1974, § 6-124;
Ord. No. 2004-7, §, 2, 9-14-2004)
Whenever a dog is declared
vicious, the police department may cause the dog to be permanently removed from
City limits or may have the dog humanely destroyed by a veterinarian of the
owner's choice; and the owner shall produce to the police department a
statement from the veterinarian certifying the action taken, or humanely
destroyed by the animal shelter at the owner's expense. The notice shall be served whether in person
or by mailing such notice by certified mail, return receipt. If the owner shall have failed to destroy
such vicious dog after the expiration of 11 days from the receipt of such
notice and no appeal is taken by the owner, the police department shall have
such animal destroyed.
Any decision of the
police department under the provisions of this section may be appealed to the
council, who shall hear and render a decision in this matter. Such appeal by the owner to the council
shall be filed in writing with the police department within ten days after
receipt of notification from the police department that the vicious dog shall
be destroyed. The disposition of any
animal shall be stayed during the pendency of such appeal. The dog shall be surrendered by the owner to
the custody of the police department or designated agency during the appeal
process. The decision of the council
shall be final and binding upon the city and upon the owner appellant, and its
decision may be appealed as provided by law.
The council shall review the information provided by the police department
and the owner of the animal and any other interested party and render a
decision to the effect that the dog is not vicious or the dog is vicious and
should be destroyed.
The owner of any dog
which is impounded and destroyed under this section shall be held responsible
for payment and any expenses incurred by the police department for impoundment
and destruction, and failure to pay such fee to the city within 15 days after
the destruction or release of such dog shall constitute a violation of this
Code.
(Ord. No. 2004-7, §,
9-14-2004)
Whoever violates any
provision of this article shall be guilty of a misdemeanor and may be punished
in accordance with section 1-9. The penalties provided in this section shall be
accumulative with and in addition to any penalty or forfeiture elsewhere in
this article.
(Code 1974, § 6-125)
Secs. 14-78--14-80.
Reserved. (return
to ch. 14)
ARTICLE III.
CATS. (return to ch. 14)
The following words, terms, and phrases, when
used in this article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Owner means any person possessing
or harboring or having the care or custody of a cat.
Confined means that the cat is
restricted to the owner's property or under the control of the owner or a
responsible person at all times.
Stray Cat means an unconfined cat
that has a history of domestication.
Feral Cat means an unconfined cat
that has no history of domestication and is more closely associated with
wildlife than human domestication.
(Ord. No. 2004-7, §, 9-14-2004)
Sec.
14-81. Registration. (return
to ch. 14)
Any person or resident who
shall own, keep, or harbor a cat over the age of sixteen weeks within the city
shall within 30 days after acquisition of the cat, or moving to the city, shall
register each cat annually on or before May 1 of each year with the city police
department. Registration shall be
issued by the chief of police upon the payment of the current license fee for
each cat. This license shall not be
transferable; and no refund will be allowed in the case of death, sale, or
other disposition of the licensed cat.
The applicant for a registration shall state at the time the application
is made upon printed forms the name and address, and the name, breed, color,
and sex of each cat owned, kept, or harbored.
A certificate that the cat has had a rabies shot effective for the year
registration period shall be presented with the registration application, and
no registration tag or other identification shall be issued until the
certificate is approved by the chief of police or his designee. The fee shall be delinquent after the expiration
of 30 days from May 1 of each year; however, the owner of any cat becoming
subject to the city license requirements subsequent to May 1 of each year shall
not be subject to a penalty if the registration fee is paid within 30 days of
the time the cat became subject to registration. After the 30-day grace period allowed in this section, the
current registration fee and penalty shall be paid on all annual registrations
after the grace period.
Penalties: Any owner of a cat over the age of three
months who fails to obtain a license within the time period specified in this
chapter shall be subject to a fine of $50.00 per unlicensed cat.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-82. Limit per household. (return to ch. 14)
Any person who shall
harbor or permit any cat to be, for ten days or more, in or about his house,
store or enclosure, or to remain to be fed shall be deemed the owner and
possessor of such cat. The limit of
cats per residence shall be four.
Offspring of cats will be allowed to be nursed and raised until sixteen
weeks of age and at that time must be removed from the household where kept to
reduce the total number of cats over sixteen weeks of age in the household to
the maximum of four.
(Ord. No. 2004-7, §, 9-14-2004)
Sec. 14-83. Kennel licensing. (return
to ch. 14)
All kennels within the
corporate limits of the city must be licensed and operated within minimum
standards for population density and hygiene established by the City of
Wayne. If the kennel is licensed, the
cats maintained in the kennel shall not be required to be registered also. At the option of the owner of the kennel,
each cat may be licensed separately in lieu of the kennel license. All registration requirements, deadlines,
and penalties applicable to cat licenses shall apply to a kennel license.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-84. Unauthorized feeding or trapping. (return to ch. 14)
No feeding or trapping of
cats outside or in accessory buildings is permitted at any time within the city
limits by any person, with the exception of the City of Wayne Police or their
designees, or unless the feeding or trapping is authorized by the police chief
and part of a city approved cat population control plan.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-85. Confinement of cats. (return to ch. 14)
Cats shall be kept confined
by their owners.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-86. Registration tags. (return
to ch. 14)
Upon payment of the required
registration fee, the chief of police shall issue to the applicant a
registration certificate and to identify each cat with a collar tag, tattoo,
implant, ear tag, or other option approved and available to the police
department, which shall entitle the applicant to keep or harbor the cat in the
city until April 30 following such licensing.
If an identification tag is lost and upon satisfactory evidence that the
original tag was issued in accordance with the provisions in this article, the
chief of police shall issue a duplicate or new tag for the balance of the year
for which the registration fee has been paid and shall charge and collect the
current fee for each duplicate or new tag so issued. All fees and collections shall be immediately credited to the
general fund.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-87. Wrongful licensing. (return to ch. 14)
It shall be unlawful for the
owner, keeper, or harborer of any cat to permit or allow such cat to wear any
tag or other city identification than that issued by the chief of police for
that animal.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-88. Liability of person caring for cat. (return to ch. 14)
Any person who shall harbor
or permit any cat to be for ten days or more in or about his house, store or
enclosure, or to remain to be fed, shall be deemed the owner and possessor of
such cat and shall be deemed to be liable for all penalties prescribed in this
article and for all damages which such cat shall cause to any real or personal
property of any description belonging to another person. The owner or possessor of any such cat or
dog, in addition to the usual judgment upon conviction, may be made to be
liable to the persons so injured in an amount equal to the value of the damage
so sustained.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-89. Nonresident cats. (return
to ch. 14)
The registration
requirements of this article shall not apply to any cat belonging to a
nonresident of the city and kept within the city for not longer than 30 days;
however, all such cats shall at all times while in the city be kept within a
building, enclosure, or vehicle or be under restraint by the owner.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-90. Unregistered cats. (return
to ch. 14)
Cats found running at large
shall be impounded by the police in the designated animal shelter.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-91. Interference with police. (return to ch. 14)
It shall be unlawful for any
person to hinder, delay, or interfere with any police officer who is performing
any duty enjoined upon him by the provisions of this article, or to break open,
or in any manner directly or indirectly aid, counsel, or advise the breaking
open of the animal shelter, any ambulance wagon, or other vehicle used for the
collecting or conveying of animals to the shelter.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-92. Capture impossible. (return to ch. 14)
The City of Wayne Police
Department shall have the authority to dispose of, in the most expedient
manner, any cat that would be deemed vicious or obviously sick which make
capture impossible because of the danger involved.
(Ord. No. 2004-7, §,
9-14-2004)
Sec. 14-93. Offensive.
(return
to ch. 14)
(a)
It shall be unlawful for any person to own, keep, or harbor any cat which
by loud, continued, or frequent offensive noises shall annoy or disturb any
neighborhood or person. The provisions
of this section shall not be construed to apply to the designated animal
shelter.
(b)
The phrase "annoy or disturb the neighborhood" shall include, but not be
limited to, the creation of any noise constituting a nuisance by any animal
which can be heard by any person, including a law enforcement officer, from a
location outside of the building or premises where the animal is being kept and
which animal noise occurs repeatedly over at least a ten-minute period of time
with one minute or less lapse or time between each animal noise during the
ten-minute period.
(Ord. No. 2004-7, §,
9-14-2004)
Secs. 14-94 --14-100.
Reserved. (return to ch. 14)
__________
*Cross references: Health and sanitation, ch. 42.
State law
references: Rabies,
R.R.S. 1943, § 71-4401 et seq.; local authority, R.R.S. 1943, § 71-4412.
__________
It shall be the duty of
the council, whenever in its opinion the danger to the public safety from rabid
animals is great or imminent, to issue a proclamation ordering all persons
owning, keeping or harboring any animal to muzzle the animal, or to confine it
for a period of not less than 30 days or more than 90 days from the date of
such proclamation, or until such danger is passed. The animals may be harbored
by good and sufficient means in a house, garage or yard on the premises wherein
the owner may reside. Upon issuing the proclamation, it shall be the duty of
all persons owning, keeping or harboring any animal to confine the same as
provided in this article.
(Code 1974, § 6-301;
Ord. No. 2004-7, § 2, 9-14-2004)
Any animal suspected of
being afflicted with rabies, or any animal not vaccinated in accordance with
the provisions of this article which has bitten any person and caused an
abrasion of the skin, shall be seized and impounded under the supervision of
the board of health for a period of not less than ten days. If upon examination
by a veterinarian the animal has no clinical signs of rabies at the end of such
impoundment, it may be released to the owner, or, in the case of an unlicensed cat
or dog, it shall be disposed of in accordance with the provisions in this
article. If the owner of the animal has proof of vaccination, it shall be
confined by the owner or some other responsible person for a period of at least
ten days, at which time the animal shall be examined by a licensed
veterinarian. If no signs of rabies are observed, the animal may be released
from confinement.
(Code 1974, § 6-302;
Ord. No. 2004-7, §, 2, 9-14-2004)
State law
references: Similar
provisions, R.R.S. 1943, § 71-4406.
Sec. 14-103.
Procedure when suspected. (return to ch. 14)
When an animal under
quarantine has been diagnosed as being rabid, or suspected by a licensed
veterinarian as being rabid, and dies while under such observation, the chief
of police shall immediately send the head of such animal to the state
department of health for pathological examination. The chief of police shall notify the proper health officer of
reports of human contacts and the diagnosis made of the suspected animal. Every animal bitten by an animal adjudged to
be rabid shall be forthwith destroyed at the owner's expense.
(Code 1974, § 6-303;
Ord. No. 2004-7, §, 2, 9-14-2004)
No person shall kill, or
cause to be killed, any rabid animal, any animal suspected of having been
exposed to rabies, or any animal biting a human except as provided by this
article, nor remove such animal from the corporate limits without written
permission from the chief of police. The carcass of any dead animal exposed to
rabies shall upon demand be surrendered to the chief of police. The chief of
police shall direct the disposition of any animal found to be infected with
rabies. No person shall fail or refuse to surrender any animal for quarantine
or destruction as required in this article when demand is made by the chief of
police.
(Code 1974, § 6-304;
Ord. No. 2004-7, § 2, 9-14-2004)
State law
references: Similar
provisions, R.R.S. 1943, § 71-4406.
Sec. 14-105.
Rabies; duty to report. (return to ch. 14)
It shall be the duty of
every physician, or other practitioner, to report to the chief of police the
names and addresses of persons treated for bites inflicted by animals, together
with such other information as will be helpful in rabies control. It shall be
the duty of every licensed veterinarian to report to the chief of police his
diagnosis of any animal observed by him as a rabies suspect.
(Code
1974, § 6-305; Ord. No. 2004-7, § 2, 9-14-2004)
