54-626 Terms, defined. - Nebraska Statutes

54-626. Terms, defined.For purposes of the Commercial Dog and Cat Operator InspectionAct:(1) Animal control facility means a facility operated by orunder contract with the state or any political subdivision of the state forthe purpose of impounding or harboring seized, stray, homeless, abandoned,or unwanted animals;(2) Animalrescue means a person or group of persons who hold themselves out as an animalrescue, accept or solicit for dogs or cats with the intention of finding permanentadoptive homes or providing lifelong care for such dogs or cats, or who usefoster homes as the primary means of housing dogs or cats;(3) Animal shelter means afacility used to house or contain dogs or cats and owned, operated, or maintainedby an incorporated humane society, an animalwelfare society, a societyfor the prevention of cruelty to animals, or another nonprofitorganization devoted to the welfare, protection, and humane treatment of suchanimals;(4) Boarding kennel meansa facility which is primarily used to house or contain dogs or cats ownedby persons other than the operator of such facility. The primary functionof a boarding kennel is to temporarily harbor dogs or cats when the ownerof the dogs or cats is unable to do so or to provide training, grooming, orother nonveterinary service for consideration before returning the dogs orcats to the owner. A facility which provides such training, grooming, or othernonveterinary service is not a boarding kennel for the purposes of the actunless dogs or cats owned by persons other than the operator of such facilityare housed at such facility overnight. Veterinary clinics, animal controlfacilities, animal rescues, andnonprofit animal shelters are not boarding kennels for the purposes of theact;(5) Cat means any animal whichis wholly or in part of the species Felis domesticus;(6) Commercial breeder means a person engaged in the business of breedingdogs or cats:(a) Who sells,exchanges, leases, or in any way transfers or offers to sell, exchange, lease,or transfer thirty-one or more dogs or cats in a twelve-month period beginningon April 1 of each year;(b) Who owns or harbors four ormore dogs or cats, intended for breeding, in a twelve-month period beginningon April 1 of each year;(c) Whose dogsor cats produce a total of four or more litters within a twelve-month periodbeginning on April 1 of each year; or(d) Who knowinglysells, exchanges, or leases dogs or cats for later retail sale or brokeredtrading;(7) Dealer means any personwho is not a commercial breeder or a pet shop but is engaged in the businessof buying for resale or selling or exchanging dogs or cats as a principalor agent or who claims to be so engaged. A person who purchases, sells, exchanges,or leases thirty or fewer dogs or cats in a twelve-month period is not a dealer;(8) Department means the Bureauof Animal Industry of the Department of Agriculture with the State Veterinarianin charge, subordinate only to the director;(9) Director means the Directorof Agriculture or his or her designated employee;(10) Dog means any animalwhich is wholly or in part of the species Canis familiaris;(11) Fosterhome means any person who provides temporary housing for twenty or fewer dogsor cats that are six months of age or older in any twelve-month period andis affiliated with a person operating as an animal rescue that uses fosterhomes as its primary housing of dogs or cats. To be considered a foster home,a person shall not participate in the acquisition of the dogs or cats forwhich temporary care is provided. Any foster home which houses more than twentydogs or cats that are six months of age or older in any twelve-month periodor who participates in the acquisition of dogs or cats shall be licensed asan animal rescue;(12) Housingfacility means any room, building, or areas used to contain a primary enclosure;(13) Inspector means any personwho is employed by the department and who is authorized to perform inspectionspursuant to the act;(14) Licensee means a personwho has qualified for and received a license from the department pursuantto the act;(15) Pet animal means an animalkept as a household pet for the purpose of companionship, which includes,but is not limited to, dogs, cats, birds, fish, rabbits, rodents, amphibians,and reptiles;(16) Pet shop means a retailestablishment which sells pet animals and related supplies;(17) Premises means all publicor private buildings, kennels, pens, and cages used by a facility and thepublic or private ground upon which a facility is located if such buildings,kennels, pens, cages, or ground are used by the owner or operator of suchfacility in the usual course of business;(18) Primary enclosure meansany structure used to immediately restrict a dog or cat to a limited amountof space, such as a room, pen, cage, or compartment;(19) Secretary of Agriculturemeans the Secretary of Agriculture of the United States Department of Agriculture;(20) Stop-movement order meansa directive preventing the movement or removal of any dog or cat from thepremises; and(21) Unaltered means any maleor female dog or cat which has not been neutered or spayed or otherwise renderedincapable of reproduction. SourceLaws 2000, LB 825, § 2; Laws 2003, LB 233, § 1; Laws 2003, LB 274, § 2; Laws 2004, LB 1002, § 1; Laws 2009, LB241, § 2; Laws 2010, LB910, § 5.