54-617 Dangerous dogs; terms, defined. - Nebraska Statutes

54-617. Dangerous dogs;terms, defined.For purposes of sections 54-617to 54-624:(1) Animal control authority means an entity authorized toenforce the animal control laws of a county, city, or village or this stateand includes any local law enforcement agency or other agency designated bya 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 ofaiding in the enforcement of sections 54-617 to 54-624 or any other law orordinance relating to the licensure of animals, control of animals, or seizureand impoundment of animals and includes any state or local law enforcementofficer or other employee whose duties in whole or in part include assignmentsthat involve the seizure and impoundment of any animal;(3)(a) Dangerous dog means a dog that, according to the recordsof an animal control authority: (i) Has killed a human being; (ii) has inflictedinjury on a human being that requires medical treatment; (iii) has killeda domestic animal without provocation; or (iv) has been previously determinedto be a potentially dangerous dog by an animal control authority, the ownerhas received notice from ananimal control authority or an animal control officer of suchdetermination, and the dog inflicts an injury on a human being that does notrequire medical treatment, injures a domestic animal, or threatens the safetyof humans or domestic animals.(b)(i) A dog shall not be defined as a dangerous dog undersubdivision (3)(a)(ii) of this section,and the owner shall not be guilty under section 54-622.01, ifthe individual was tormenting, abusing, or assaulting the dog at the timeof 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, ifthe 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 thedog, 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 notbe defined as a dangerous dog under subdivision (3)(a) of this section ifthe dog is a police animal as defined in section 28-1008;(4) Domestic animal means a cat, a dog, or livestock. Livestockincludes buffalo, deer, antelope, fowl, and any other animal in any zoo, wildlifepark, refuge, wildlife area, or nature center intended to be on exhibit;(5) Medical treatment means treatment administered by a physicianor other licensed health care professional thatresults 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 havingcontrol or custody of a dog; and(7) Potentially dangerous dog means (a) any dog that whenunprovoked (i) inflicts an injury on a human being that does not require medicaltreatment, (ii) injures a domestic animal, or (iii) chases or approaches aperson upon streets, sidewalks, or any public grounds in a menacing fashionor apparent attitude of attack or (b) any specific dog with a known propensity,tendency, or disposition to attack when unprovoked, to cause injury, or tothreaten the safety of humans or domestic animals. SourceLaws 1989, LB 208, § 1; Laws 2008, LB1055, § 16; Laws 2009, LB494, § 8.