§ 28-1012 — Law enforcement officer; animal control officer; powers and duties; immunity; seizure; court powers

(1) Any law enforcement officer or animal control officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry by a law enforcement officer or an animal control officer who is accompanied by a law enforcement officer upon private property to inspect, care for, or impound the animal.
(2) It shall be the duty of any law enforcement officer or animal control officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated to make prompt investigation of such violation. Any law enforcement officer or animal control officer may, in lieu of making an arrest, issue a citation to the owner or custodian as prescribed in sections 29-422 to 29-429 .
(3) Any equipment, device, or other property or things involved in a violation of section 28-1009 or 28-1010 shall be subject to seizure, and distribution or disposition may be made in such manner as the court may direct. Any animal involved in a violation of section 28-1009 or 28-1010 shall be subject to seizure. Distribution or disposition shall be made under section 28-1012.01 as the court may direct.
(4) Any law enforcement officer or animal control officer acting under this section shall not be liable for damage to property if such damage is not the result of the law enforcement officer's or animal control officer's negligence.

Legislative History

Source: Laws 1990, LB 50, § 4; Laws 1997, LB 551, § 3; Laws 2002, LB 82, § 7; Laws 2010, LB712, § 12; Laws 2015, LB360, § 4; Laws 2022, LB851, § 2; Laws 2025, LB133, § 2. Effective Date: May 21, 2025