§ 54-617 — Dangerous dogs; terms, defined

For purposes of sections 54-617
to 54-624 :
(1) Animal control authority means an entity authorized to
enforce the animal control laws of a county, city, or village or this state
and includes any local law enforcement agency or other agency designated by
a county, city, or village to enforce the animal control laws of such county,
city, or village;
(2) Animal control officer means any individual employed,
appointed, or authorized by an animal control authority for the purpose of
aiding in the enforcement of sections 54-617 to 54-624 or any other law or
ordinance relating to the licensure of animals, control of animals, or seizure
and impoundment of animals and includes any state or local law enforcement
officer or other employee whose duties in whole or in part include assignments
that involve the seizure and impoundment of any animal;
(3)(a) Dangerous dog means a dog that, according to the records
of an animal control authority: (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 dog by an animal control authority, the owner
has received notice from an
animal control authority or an animal control officer of such
determination, and the dog 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.
(b)(i) A dog shall not be defined as a dangerous dog under
subdivision (3)(a)(ii) of this section,
and the owner shall not be guilty under section 54-622.01 , if
the individual was tormenting, abusing, or assaulting the dog at the time
of the injury or has, in the past, been observed or reported to have tormented,
abused, or assaulted the dog.
(ii) A dog shall not be defined as a dangerous dog under subdivision
(3)(a)(iv) of this section,
and the owner shall not be guilty under section 54-622.01 , if
the injury, damage, or threat was sustained by an individual who, at the time,
was committing a willful trespass as defined in section 20-203 , 28-520 , or 28-521 , was committing any other tort upon the property of the owner of the
dog, was tormenting, abusing, or assaulting the dog, or has, in the past,
been observed or reported to have tormented, abused, or assaulted the dog,
or was committing or attempting to commit a crime.
(iii) A dog shall not
be defined as a dangerous dog under subdivision (3)(a) of this section if
the dog is a police animal as defined in section 28-1008 ;
(4) Domestic animal means a cat, a dog, or livestock. Livestock
includes buffalo, deer, antelope, fowl, and any other animal in any zoo, wildlife
park, refuge, wildlife area, or nature center intended to be on exhibit;
(5) Medical treatment means treatment administered by a physician
or other licensed health care professional that
results in sutures or surgery or treatment for one or more broken bones;
(6) Owner means any person, firm, corporation, organization,
political subdivision, or department possessing, harboring, keeping, or having
control or custody of a dog; and
(7) Potentially dangerous dog means (a) any dog 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 dog with a known propensity,
tendency, or disposition to attack when unprovoked, to cause injury, or to
threaten the safety of humans or domestic animals.

Legislative History

Source: Laws 1989, LB 208, § 1; Laws 2008, LB1055, § 16; Laws 2009, LB494, § 8.