Article 1. Dogs and Cats

§ 6 – 1 0 1   Falls City Code   §6-102

Article 1. Dogs and Cats
§6-101. DOGS AND CATS; LICENSE. Any person who shall own, keep,
or harbor a dog or cat over the age of five (5) months within the
Municipality shall within thirty (30) days after acquisition of the
said dog or cat, or within thirty (30) days of the dog or cat
becoming five (5) months old acquire a license for each such dog or
cat which shall become renewable annually by or before the first
(1st) day of May of each year, except that this section shall not
apply to any dog or cat placed in the care and custody of the
Humane Society of Richardson County, Inc. The said tax shall be
delinquent from and after May thirty-first (31st); Provided, the
possessor of any dog or cat brought into or harbored within the
corporate limits subsequent to May first (1st) of any year, shall
be liable for the payment of the dog or cat tax levied herein and
such tax shall be delinquent if not paid within ten (10) days
thereafter. Licenses shall be issued by the Municipal Police upon
the payment of a license fee of two dollars and fifty cents ($2.50)
for each male dog or cat and spayed female dog or cat and five
dollars ($5.00)for each unspayed female dog or cat; Provided,
however that such fee requirements shall be waived and said dog or
cat license shall be issued by the Municipal Police upon
veterinarian certification presented at the time of license
application by any owner or keeper of any dog or cat stating that
the animal was first spayed or neutered during the current
licensing year. After the tax has become delinquent, the fee shall
be five dollars ($5.00) for each male dog or cat and spayed female
dog or cat and ten dollars ($10.00) for each unspayed female dog or
cat. Said license shall not be transferable and no refund will be
allowed in case of death, sale, or other disposition of the
licensed dog or cat. A certificate that the dog or cat has had a
rabies shot, effective for the ensuing year of the license, shall
be presented when the license is applied for and no license or tag
shall be issued until the certificate is shown. (Ref. 17-526, 54-
603, 71-4412 RS Neb.)(Amended: Ord. #2004-100; Ord. #2008-111)
§6-102. DOGS AND CATS; LICENSE TAGS. Upon the payment of the
license fee, or waiver of same as provided in section 6-101, the
Police Department shall issue to the owner of a dog or cat a
license certificate and a metallic tag for each dog or cat so
licensed. The metallic tags shall be properly attached to the
collar or harness of all dogs or cats so licensed and shall entitle
the owner to keep or harbor the said dog or cat until the thirtieth
(30th) day of April following such licensing. In the event that a
license tag is lost and upon satisfactory evidence that the
original plate or tag was issued in accordance with the provisions
herein, the Municipal Police shall issue a duplicate or new tag for
the balance of the year for which the license tax has been paid and
shall charge and collect a fee of twenty-five cents (25¢) for each
duplicate or new tag so issued. All license fees and collections
shall be immediately credited to the General Fund. It shall be the
duty of the Municipal Police to issue tags of a suitable design
that are different in appearance each year.
§6-103 DOGS AND CATS; OWNER DEFINED. Any person who shall
harbor or permit any dog, cat, or other animal to be for ten (10)
days or more in or about his or her house, store, or enclosure, or
to remain to be fed, shall be deemed the owner and possessor of
such animal and shall be deemed to be liable for all penalties
herein prescribed. (Ref. 54-606, 71-4401 RS Neb.)
§6-104 DOGS AND CATS; COLLARS. It shall be the duty of the
owner of any dog or cat to securely place a collar around the neck
of such animal. Such collar shall bear the metallic tags of
registration carrying the name and owner of the animal.
§6-105 DOGS AND CATS; UNLICENSED. All dogs and cats found
running at large upon the streets and public grounds of the
Municipality without a collar or harness with the metal tag affixed
as aforesaid, are hereby declared a public nuisance. Unlicenced
dogs or cats found running at large shall be impounded in the
Municipal Animal Shelter by the Municipal Police. (Ref. 17-526,
54-604, 54-605, 54-607, 71-4408 RS Neb.)
§6-106 DOGS AND CATS; NUISANCES. It shall be unlawful for any
person to own, keep, or harbor any dog or cat which shall:
A. By loud, continued or frequent barking, howling or
yelping, annoy or disturb any person or neighborhood;
B. Habitually bark at or chase pedestrians, operators of
bicycles, drivers of vehicles, or riders on horseback
while they are on any public sidewalks, streets, or
alleys in the Municipality;
C. Habitually or frequently attack any other animal;
D. Is “in heat” and not properly confined;
E. Run at large upon any public property or the property of
another person;
F. Damage public or private property of another;
G. Cause injury to humans or by said animal’s action place
any person in a state of fear;
H. Threaten or cause a condition which endangers public
I. Impede refuse collection by ripping any bag
or tipping any container of such;
J. Deposit manure on public property or private property of
another person.
K. The provisions of this section shall not be construed to
apply to the Municipal Animal Shelter.
§6-107 DOGS AND CATS; IMPOUNDING. It shall be the duty of the
Animal Warden and the Municipal Police to capture, secure, and
remove in a humane manner to the Municipal Animal Shelter any dog
or cat violating any provision of this Article.
If any owner of keeper is present, in lieu of impoundment, a
citation may be issued to that person and that person may retain
possession of the animal.
The dog or cat so impounded shall be treated in a humane
manner and shall be provided with a sufficient supply of food and
fresh water each day.
Each impounded dog or cat shall be kept and maintained at the
Municipal Animal Shelter for a period of not less than five (5)
days unless reclaimed earlier by the owner.
After the impounding of any animal where a citation has not
been issued to the owner or keeper as provided pursuant to this
section, the Animal Warden shall promptly notify the owner or
keeper of such animal of its impoundment if the owner or keeper of
such animal can be determined and located by reasonable
investigation; however, no liability shall be attached to the City
of Falls City, the Animal Warden, the Municipal Police, or any
staff member of the same for failure to give
such notice beyond reasonable investigation.
A fee shall be charged when any animal is picked up by the
Animal Warden or the Municipal Police and transported to the
Municipal Animal Shelter or other City designated place of
impoundment. Such fee shall be:
1. First (1st) offense ten dollars ($10.00).
2. Second (2nd) offense twenty dollars ($20.00).
3. Third (3rd) offense thirty dollars ($30.00).
A fee for the care of any animal during the period of
impoundment at the Municipal Animal Shelter shall be at the rate of
five dollars ($5.00) for each day or portion thereof that such
animal is actually impounded; provided, however, that such cost
shall be increased by the actual amount of any expense excluding
food and water incurred either in the impoundment or the care of
said animal. The owner or keeper must pay these costs in full to
obtain custody of said animal, but the payment is not required and
the same waived for adopted animals from the Municipal Animal
Shelter. The owner or keeper shall then be required to comply with
the licensing and rabies vaccination requirements prior to release
of said animal.
If the dog or cat is not claimed at the end of five (5) days,
the Municipal Police or Animal Warden may dispose of the dog or cat
in accordance with applicable rules and regulations pertaining to
the same; provided, that if, in the judgment of the Municipal
Police or Animal Warden, a suitable home can be found for any such
dog or cat within or outside of the Municipality, the said dog or
cat shall then be turned over to that person and the new owner
shall then be required to pay all fees and meet licensing and
vaccinating requirements provided in this Chapter.
The Municipality shall acquire legal title to any unlicenced
dog or cat impounded in the Municipal Animal Shelter after five (5)
All unclaimed or unwanted dogs and cats shall be destroyed and
buried in the summary and humane manner as prescribed; carbon
monoxide gas.
Nothing herein shall prevent the Municipality from entering
into an agreement with a private veterinarian, clinic, or humane
society to provide the facilities or to operate the Municipal
Animal Shelter. If such an agreement were entered into, the
provisions of this Article should apply to such party as would be
in control of the Animal Shelter as it applies to those Municipal
employees mentioned herein with respect to the operation of the
Animal Shelter. (Amended: Ord. #2004-101)
§6-108 DOGS AND CATS; ANIMAL SHELTER. The Municipal Animal
Shelter shall be safe, suitable, and conveniently located for the
impounding, keeping and destruction of dogs, cats, or other
animals. The said Animal Shelter shall be sanitary, ventilated and
lighted. (Ref. 17-548 RS Neb.)
§6-109 DOGS AND CATS; REMOVAL OR DISPOSAL. If the judge deems
necessary, any animal found in violation of any section of this
Article may be ordered put to death or removed from the
Municipality in addition to any fine so levied by the court.
Animal Control Authority shall mean an entity authorized to enforce
the animal control laws of a city.
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 this act or any other law
or ordinance relating to the licensing, registration and
vaccination of animals, control of animals, or seizure and
impoundment of animals and shall include any state or local law
enforcement or other employee whose duties in whole or in part
include assignments that involve the seizure and impoundment of any
Dangerous Dog shall mean any dog that, according to the records of
an animal control authority:
1. has killed or inflicted severe injury on a human being of
public or private property;
2. has killed a domestic animal without provocation while
the dog was off the owner’s property; or
3. has a propensity, tendency or disposition to attack,
unprovoked, to cause injury or to otherwise endanger the safety of
human beings 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; and
6. 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. (Ref. 54-617 RS Neb.
Ord. 2007-111)
§6-111 DANGEROUS DOGS; RESTRAINED. No owner of a dangerous dog
shall permit the dog to go beyond the property of the owner unless
the dog is restrained securely by a chain or leash. (Ref. 54-618
RS Neb.)
§6-112 DANGEROUS DOGS; REQUIREMENTS. The owner of a dangerous
dog as defined in section 6-110 (c)(3) shall be permitted to keep
said dog in the City of Falls City, Nebraska, provided the owner
maintains said dog at all times in compliance with the following
a. Said dog shall maintain a current license issued by-the
City of Falls City, Nebraska pursuant to the Municipal
Code of The City of Falls City, Nebraska.
b. The owner of said dog shall have and continually maintain
at least $100,000.00 in liability insurance covering any
damage or injury done by said dog. Premium payment for
said liability insurance coverage shall be sufficient to
cover a minimum of one (1) year of liability insurance
coverage. The policy shall further contain a provision
requiring the insurance company to provide written notice
to the City Clerk not less than fifteen (15) days prior
to any cancellation, termination, or expiration of the
C. Said dog shall only be walked or exercised, off the
property of owner, on a leash adequate to control the
dog, by a person nineteen (19) years of age or older;
D. The owner, shall, at the owners own expense, have the dog
spayed or neutered and shall present to the city Clerk
written proof from a licensed veterinarian that this
sterilization has been performed.
E. Except as provided by Section 6-112 ( c ), said dog shall
be kept indoors or in a securely enclosed and locked pen
or dog run area made of at least nine (9) gauge chain
link fencing or equivalent grade of fencing with no more
that one (1) inch spacing. Said pen or dog run shall be
locked with key or combination lock whenever such dog is
within the structure. Said pen or dog run shall be at
least three (3) feet wide and ten (10) feet long. Said
pen or dog run shall have sides of at least six (6) feet
high and a cover shall be secured over the top. If the
pen or dog run has no bottom secured to the sides, the
sides shall be embedded in the ground no less than two(2)
feet or have a have a concrete pad for the bottom. All
structures erected shall comply with the zoning and
building regulations of the City of Falls City. All
structures shall be adequately lighted and kept in a
clean and sanitary condition. (Ref. 54-619 RS Neb.; Ord
#2007-111; Ord #2007-113)
§6-113 DANGEROUS DOGS; FAILURE TO COMPLY. Any dangerous dog may
be immediately confiscated by an animal control officer if the
owner is in violation of this article. The owner shall be
responsible for the reasonable costs incurred by the animal control
authority for the care of a dangerous dog confiscated by an animal
control officer or for the destruction of any dangerous dog if the
action by the animal control authority is pursuant to law and if
the owner violated this article.
In addition to any other penalty, a court may order the animal
control authority to dispose of a dangerous dog in an expeditious
and humane manner. (Ref. 54-620 RS Neb.)
A. When an owner of a dog would like a determination
regarding the classification of the owner’s dog as a dangerous dog
as defined in section 6-110 (C) (3), the owner of such dog may file
a written petition with the City Clerk for a hearing concerning
such classification. In the event City Animal Control Officer has
impounded any dog and the owner of said dog disputes the
classification of said dog as a dangerous dog as defined in section
6-110 (C) (3), the owner of said dog may file a written petition
with the City Clerk for a hearing concerning such classification no
later than five (5) days after impoundment. Such petition shall
include the name and address, including mailing address, of the
petitioner. The City Clerk will then issue a notice of hearing
date by mailing a copy to the petitioner’s address no later than
then (10) days prior to the date of the hearing.
B. The hearing, if any, will be held before the Animal
Control Board. The owner of such dog shall bear the burden of
proof. Any facts that the petitioner wishes to be considered shall
be submitted under oath or affirmation, either in writing or orally
at the hearing. The Animal Control Board shall make a final
determination whether the dog is a dangerous dog as defined in
section 6-100 (C) (3). Such final determination shall then be
considered a final order of the City.
C. If the dog is determined to be a dangerous dog, said dog
will remain impounded until the owner of said dog has provided
written proof to the City Clerk that the owner of said dog is in
full compliance with section 6-112. If the dog is found not to be
a dangerous dog the dog shall be released tot he owner. Whether
said dog is found to be a dangerous dog or not to be found a
dangerous dog, the owner of said dog shall be responsible for all
applicable fees and costs as set forth in section 6-107.
D. The procedures in this subsection shall not apply, and
the owner is not entitled to such a hearing with respect to any dog
that was impounded as the immediate result of an attack or bite.
In those instances, the dog shall be impounded and thereafter shall
be humanely destroyed.