2006 Nebraska Revised Statutes - § 54-617 — Dangerous dogs; terms, defined.

Section 54-617
Dangerous dogs; terms, defined.

For purposes of sections 54-617 to 54-624:

(1) Animal control authority shall mean an entity authorized to enforce the animal control laws of a county, city, or village or this state;

(2) Animal control officer shall mean 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 shall include 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) Dangerous dog shall mean any dog that, according to the records of an animal control authority: (a) Has killed or inflicted severe injury on a human being on public or private property; (b) has killed a domestic animal without provocation while the dog was off the owner's property; or (c) has been previously determined to be a potentially dangerous dog by an animal control authority and the owner has received notice of such determination and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. A dog shall not be defined as a dangerous dog if the threat, any injury that is not a severe injury, or the damage was sustained by a person who, at the time, was committing a willful trespass as defined in section 20-203, 28-520, or 28-521 or any other tort upon the property of the owner of the dog, who was tormenting, abusing, or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime;

(4) Domestic animal shall mean a cat, a dog, or livestock;

(5) Owner shall mean any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of a dog;

(6) Potentially dangerous dog shall mean (a) any dog that when unprovoked (i) inflicts a nonsevere injury on a human or injures a domestic animal either on public or private property or (ii) 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; and

(7) Severe injury shall mean any physical injury that results in disfiguring lacerations requiring multiple sutures or cosmetic surgery or one or more broken bones or that creates a potential danger to the life or health of the victim.

Source:

Laws 1989, LB 208, § 1

~Reissue Revised Statutes of Nebraska