[Ord. No. 2007-16, Sec. 1]
This ordinance shall be known as the Vicious Animal Ordinance.
[Ord. No. 2007-16, Sec. 2]
DANGEROUS OR VICIOUS ANIMAL
Used to describe an animal that has demonstrated by prior
conduct or contemporaneous attitude toward another animal or a human
a reasonable likelihood to attack and seriously injure either.
[Ord. No. 2007-16, Sec. 3]
No person shall harbor, own or possess any dangerous or vicious
animal within the corporate limits of the City of Lincoln.
[Ord. No. 2007-16, Sec. 4]
All dogs kept in the City limits shall be confined indoors or
to a fenced area of sufficient height and strength to prevent the
enclosed animal from escaping. The fenced area may not encompass access
to the front door of the main building on the property or any secondary
residential structures and most contain adequate shelter for the dog.
Nothing contained in this section shall prevent a person from traveling
in and about Lincoln with a dog on a leash.
[Ord. No. 2007-16, Sec. 5]
It shall be unlawful for any person to harbor, own or possess
a ferae naturae, except to transport one from one location outside
the Lincoln corporate limits to another location outside the Lincoln
corporate limits.
[Ord. No. 2007-16, Sec. 6]
A person not in compliance with the provisions of §
6.12.04 hereof shall have 60 days to come into compliance with them before any citation is issued.
[Ord. No. 2007-16, Sec. 7;
amended 7-9-2019 by Ord. No. 2019-18]
A. Any person found guilty of violating this ordinance, other than §
6.12.03, shall be fined an amount of no less than $25, and no more than $100. Each day that a violation occurs shall be considered a separate offense.
B. Any person found guilty of violating§
6.12.03 of this ordinance shall be fined no less than $100, and no more than $1,000, each day that a violation occurs shall be considered a separate offense.
C. In addition to the fines and other penalties provided for in this chapter, the Mayor, with the concurrence of the City Council, may institute a civil action to compel compliance with this chapter and seek injunctive relief, damages, or other civil sanctions, including an award of attorney fees and costs. Furthermore, the district and circuit courts having jurisdiction over cases involving the enforcement of this chapter may, upon conviction of a person for violating§
6.12.03 of this ordinance, order the animal euthanized and further order the person or persons convicted to pay as restitution to the City all costs of impoundment and euthanization.
D. A law enforcement officer or animal control officer may, in lieu
of taking an animal covered by this chapter into his or her possession,
order an animal owner to keep any animal covered by this chapter restrained
or impounded at the animal owner's expense pending investigation.
At the end of any quarantine period mandated by law or three days
after a dangerous or vicious animal comes into impoundment, whichever
period is longer, the dangerous or vicious animal shall either be
returned to its owner in accordance with applicable shelter policies
or it shall be euthanized. In no event shall a dangerous or vicious
animal be adopted or fostered to anyone other than its owner. An animal
owner who fails to keep an animal covered by this chapter restrained
or impounded as directed by a law enforcement officer in accordance
with this subsection shall be guilty of a misdemeanor, and upon conviction,
subject to the fines, costs, civil actions and euthanization orders
provided for in this chapter.