Sec. 5-1 Poisoning, Injuring, etc., Prohibited
Sec. 5-2 Procedure Upon Striking Animal with Vehicle
Sec. 5-3 Animals Running at Large
Sec. 5-4 Fowl Running at Large
Sec. 5-5 Unusual Animals Prohibited
Sec. 5-6 Keeping Animals and Beehives in Proximity to Dwellings
Sec. 5-7 Cruelty to Animals Prohibited
Sec. 5-8 Animal Warden
Sec. 5-9 “Run at Large” Defined
Sec. 5-10 Animals; Capture Impossible
Sec. 5-12 “Owner” Defined
Sec. 5-13 Number of Dogs and Cats Limited
Sec. 5-14 Vaccination; Defined
Sec. 5-15 Owning or Keeping Unimmunized Dog or Cat Prohibited
Sec. 5-16 Animals; Rabies Suspected
Sec. 5-17 Animals; Cost of Confinement
Sec. 5-18 Rabies Quarantine of Dogs or Cats
Sec. 5-20 Dangerous Dogs; Reporting Requirements.
Sec. 5-21 Control of Female Dogs and Cats
Sec. 5-22 Impoundment—When Required
Sec. 5-23 Same—Providing for Pound; Notification of Owner of Impounded Dog or Cat
Sec. 5-24 Same—Reclaiming by Owner
Sec. 5-25 Same—Disposition of Unclaimed Dogs and Cats
Sec. 5-26 Liability of Owner for Damages
Sec. 5-27 Right of Entry of Police and Animal Warden
Sec. 5-28 Citations for Running at Large Violations
Article I. In General
It shall be unlawful for any person to willfully kill, poison or injure any dog, cat or other animal or place poison or poison food or poison articles at places with the intent of such person to poison any dog, cat or other animal. This section shall not apply to the Municipal Police acting within their power and duty.
It shall be unlawful for the operator of any vehicle after knowingly hitting an animal to leave the scene of the collision without notifying the police or the owner of such animal, if the owner of such animal can be ascertained.
It shall be unlawful for any person to permit or cause to run at large, within the corporate limits of the City, any cattle, hogs, horses, mules, sheep, goats, dogs, cats or any other animal. Any animal running loose shall be impounded and disposed of as provided herein.
The running at large within the City, except in enclosed places on private property, of poultry, chickens, turkeys, ducks, geese or other like fowl, is hereby declared to be a common nuisance and is hereby prohibited; and it is hereby declared and shall hereafter be unlawful for any person to permit the same to run at large.
It shall be unlawful for any person to own, harbor, or have under such person’s control, care or custody any unusual animal within the City of Lexington. This section shall not apply to such animals which are naturally present in outdoor public spaces.
The term “unusual animal” shall mean any poisonous or potentially dangerous animal not normally considered domesticated and shall include animals prohibited by the City of Lexington, State of Nebraska, or federal requirements, and also:
It is hereby declared to be unlawful for any person, either by himself, his agents, servants or employees, to have under such person’s control, care or custody, any beehive, livestock animal, or fowl, including but not limited to horses, cattle, hogs, sheep, goats, poultry, chickens, turkeys, ducks, geese, or other like fowl, at any place within the City which is within six hundred feet (600’) of any dwelling house in the City. This Section shall not apply to fowl kept for display in a public park. (Ord. No. 1992, Ord. No. 2082)
It shall be unlawful for any person within the City, to cruelly, inhumanely or unnecessarily beat, injure, overload or to insufficiently shelter or feed, or to otherwise abuse any horse, mule or other animal or to cause, encourage or urge any dogs or other animals to fight within the City.
An animal warden shall be appointed by the City Manager. The animal warden is hereby given the responsibility, the power, the duty and authority to enforce the provisions of Articles I and II of this chapter.
For the purpose of this chapter the phrase “to run at large” shall mean to be off the premises of the owner and not under the control of the owner or other member of his immediate family.
Sec. 5-10 Animals; Capture Impossible.
The Municipal Police shall have the authority to kill any animals showing vicious tendencies, or characteristics of rabies which make capture impossible due to the danger involved.
Article II. Dogs and Cats
For the purpose of this chapter “owner” shall include a harborer of dogs or cats and the parents of any minor who owns or harbors a cat or dog.
No household within the city shall harbor more than four (4) dogs and four (4) cats over six months of age. Household shall include all persons living together, whether related or otherwise, in a single family dwelling unit.
Sec. 5-14 Vaccination; Defined.
Vaccination for rabies shall mean the inoculation of an animal with a rabies vaccine licensed by the United States Department of Agriculture. Such vaccination must be performed by a duly licensed veterinarian.
Every person who shall own, keep or harbor a dog or cat more than four (4) months of age within the City, shall have such animal vaccinated with an inactivated virus anti-rabies vaccine by a licensed veterinarian. To be valid, such vaccination shall be current as of the date on which such animal is kept or maintained.
sufficient to identify the name of the veterinarian. A record of such tag and vaccination will be kept by the veterinarian, sufficient to identify the animal and owner thereof. A copy of such record shall be provided to the Lexington Police Department, within 30 days of the date of vaccination, to be used solely for the purpose of identification of animals. (Ord. No. 2136)
Any person who shall own, keep or harbor a dog or cat which is not displaying a current vaccination tag shall be issued a citation for violation of this chapter.
Sec. 5-16 Animals; Rabies Suspected.
Any dog or cat suspected of being afflicted with rabies, or any dog or cat not vaccinated in accordance with the provisions of this Article which has bitten any person and caused an abrasion of the skin, shall be seized and impounded for a period of not less than ten (10) days. If upon examination by a veterinarian, the dog or cat has no clinical signs of rabies at the end of such impoundment, it may be released to the owner, or, in the case of an unlicensed animal, it shall be disposed of in accordance with the provisions herein. If no signs of rabies are observed, the animal may be released from confinement.
Sec. 5-17 Animals; Cost of Confinement.
If the ownership of any animal which has bitten a person can be established, the owner shall be liable for the cost of confining it for such length of time as is necessary to establish whether the animal is rabid. If the ownership of such animal cannot be determined, the cost of confining an animal who is only suspected of having rabies, shall be paid by the Municipality.
Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia, the mayor, if he deems it necessary, shall issue a proclamation ordering every person owning or harboring a dog or cat to confine it securely on his premises unless such dog or cat shall have a muzzle of sufficient strength to prevent biting a person. Any unmuzzled dog or cat running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected by rabies. All dogs and cats so noticeably infected with rabies, and displaying vicious propensities shall be disposed of by the police without notice to the owner. Dogs or cats impounded during the first seventy-two (72) hours of such proclamation shall, if claimed within five (5) days, be released to the owner, unless infected with rabies, upon payment of impounding charges and any medical fees as provided in Section 5-24. If not claimed after such period, such dog or cat may be summarily disposed of under direction of the police.
During the period of such proclamation, the provisions as to notice in Section 5-23 shall be of no force and effect and will be considered waived by owners of any dogs or cats impounded.
1. No person shall own, harbor or care for a dangerous dog within the Municipality. Further, it shall be unlawful to own, keep or harbor any vicious dog or guard dog in or upon any commercial or industrial property or place of business unless each entrance is clearly marked with signs of warning of such dog. The term “dangerous dog” as used herein shall include the following:
(a) Any animal with a propensity, tendency or disposition to attack, to cause injury or damage or otherwise endanger the safety of human beings or domestic animals; or
(b) Any animal which attacks a human being one time without provocation; or
(c) Any animal which attacks a domestic animal on two or more occasions without provocation, while the dog was off the owner’s property; or
(d) Any dog which has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
2. The keeping, maintaining, owning, or harboring of a dangerous dog within the Municipality is hereby declared a nuisance as being against the public health, safety and welfare.
3. Whenever a nuisance exists as defined in the foregoing section, the Municipality may proceed by a suit in a court of competent jurisdiction to enjoin and abate the same in a manner provided by law. In any criminal prosecution, the court, in addition to any penalty imposed, may enter an order of abatement as part of the judgment of that case. As a part of the order of Abatement, the court may order the police department to have the dog euthanized.
Sec. 5-20 Dangerous Dogs; Reporting Requirements.
Any medical health care provider, including hospital, medical clinic, physician, veterinarian, veterinary clinic, ambulance, or rescue agency, which provides treatment or emergency care for an injury to a human being or domestic animal, when the injury appears to have been inflicted by dog bite, is required to report to the Lexington Police Department, by telephone, immediately upon becoming aware of such injury.
An owner of any female dog or cat shall keep such dog or cat enclosed within a building during any mating season of such dog or cat. Such female dog or cat found not enclosed shall be impounded as provided in Section 5-22.
All dogs and cats running at large, all stray dogs and cats, all dogs and cats without current vaccination tags, all dangerous dogs, and all other dogs and cats for which impoundment is herein provided shall be impounded by the animal warden, the police of the city or by an employee of the City employed for that purpose. The owner of any dog or cat shall, on demand, surrender to the animal warden or the police of the city, any dog or cat required to be impounded under the provisions of this article.
The City Manager shall provide by contract or otherwise for adequate shelter and food for any dog or cat impounded under the provisions of this Code or other ordinances of the City. The City Manager shall give notice of such impoundment to the known owner of such impounded dog or cat.
Within three (3) days after notice is given as provided in Sec. 5-23, the owner of any such impounded animal may claim such animal by paying: an impoundment fee of $15.00, plus the cost of any medical care or boarding costs expended by the City for such impounded animal. Fees for impoundment shall be in addition to prosecution for violation of any of the provisions of this chapter.
No animal shall be released from impoundment unless such animal has been currently vaccinated with anti-rabies vaccine as required by Sec. 5-15. (Ord. No. 2010)
Any impound dog or cat not reclaimed as provided by Sec. 5-24 shall become the property of the City, and the City shall have the power to give away such dog or cat to a reputable person for adoption; to sell or give the dog or cat for use for research purposes for preventing disease or betterment of mankind; or to cause such dog or cat to be humanely destroyed. The owner of such animal shall be liable to the City for any costs incurred for impoundment and destruction of such animal.
The owner of any dog or cat shall be liable in damages for any injuries, nuisances or damages to property caused by any dog or cat within the City, which injuries, nuisances or damages were not the result of the negligence or wrongdoing of the person damaged.
For the purpose of discharging the duties imposed by this chapter, and to enforce its provisions, the Chief of Police, any police officer and the animal warden are empowered to enter upon any premises upon which a dog or cat is kept or harbored and to demand the exhibition by the owner of such dog or cat.
When dogs or cats are found running at large and their ownership is known to the Chief of Police, any police officer or the animal warden, such dogs or cats need not be impounded, but the Chief of Police, any police officer or the animal warden may, at their discretion, cite the owners of such dogs or cats to appear in court to answer charges of violation of this chapter.