Livestock Animal Welfare Act - Neb. Rev. St. § 54-901 - 913
§ 28-1001 . Repealed. Laws 1990, LB 50, § 13.
§ 28-1002 . Repealed. Laws 1990, LB 50, § 13.
§ 28-1003 . Transferred to section 28-1010.
§ 28-1004 . Terms, defined.
§ 28-1005 . Dogfighting, cockfighting, bearbaiting, or pitting an animal against another; prohibited acts; penalty.
§ 28-1005.01 . Ownership or possession of animal fighting paraphernalia; penalty
§ 28-1006 . Investigation; arrest; seizure of property; reimbursement of expenses
§ 28-1007 . Sections, how construed
§ 28-1008 . Terms, defined.
§ 28-1009 . Abandonment; cruel neglect; harassment of a police animal; penalty
§ 28-1009.01 . Violence on a service dog; interference with a service dog; penalty.
§ 28-1009.02 Repealed by Laws 2010, LB 865, § 17, eff. July 15, 2010
§ 28-1009.03 Repealed by Laws 2010, LB 865, § 17, eff. July 15, 2010
§ 28-1010 . Indecency with an animal; penalty.
§ 28-1011 . Violations; liability for expenses.
§ 28-1012 . Law enforcement officer; powers; immunity; seizure; court powers.
28-1012.01. Animal seized; court powers; county attorney; duties; hearing; notice; animal abandoned or cruelly neglected or mistreated; bond or other security; appeal; section, how construed
§ 28-1013 . Sections; exemptions
§ 28-1013.02 28-1013.01, 28-1013.02 Repealed by Laws 2010, LB 865, § 17, eff. July 15, 2010
§ 28-1014 . Local regulation; authorized.
§ 28-1015 . Ownership by child; applicability of penalties.
§ 28-1016 . Game and Parks Commission; Game Law; sections, how construed.
§ 28-1017 . Animal abandonment, cruel neglect, or cruel mistreatment; report required by certain employees; violation; penalty.
§ 28-1018 . Sale of puppy or kitten; prohibited acts; penalty.
§ 28-1019 Conviction; order prohibiting ownership, possession, or residing with animal; duration; violation; penalty; seizure of animal.
28-1020 . Animal abandonment, cruel neglect, or cruel mistreatment; report required by animal health care professional; immunity from liability
§ 28-1001. Repealed. Laws 1990, LB 50, § 13.
§ 28-1002. Repealed. Laws 1990, LB 50, § 13.
§ 28-1003. Transferred to section 28-1010.
As used in this section and section 28-1005, unless the context otherwise requires:
(1) Bearbaiting shall mean the pitting of any animal against a bear;
(2) Cockfighting shall mean the pitting of a fowl against another fowl;
(3) Dogfighting shall mean the pitting of a dog against another dog; and
(4) Pitting shall mean bringing animals together in combat.
Source: Laws 1988, LB 170, § 2.
§ 28-1005. Dogfighting, cockfighting, bearbaiting, or pitting an animal against another; prohibited acts; penalty.
(1) No person shall knowingly:
(a) Promote, engage in, or be employed at dogfighting, cockfighting, bearbaiting, or pitting an animal against another;
(b) Receive money for the admission of another person to a place kept for such purpose;
(c) Own, use, train, sell, or possess an animal for such purpose; or
(d) Permit any act as described in this subsection to occur on any premises owned or controlled by him or her.
(2) Any person violating subsection (1) of this section shall be guilty of a Class IIIA felony and shall also be subject to section 28-1019.
(3) No person shall knowingly and willingly be present at and witness as a spectator dogfighting, cockfighting, bearbaiting, or the pitting of an animal against another as prohibited in subsection (1) of this section. Any person who violates any provision of this subsection shall be guilty of a Class IIIA felony and shall also be subject to section 28-1019.
Credits
Laws 1988, LB 170, § 3; Laws 2003, LB 273, § 3; Laws 2013, LB 329, § 1, eff. Sept. 6, 2013; Laws 2015, LB 605, § 48, eff. Aug. 30, 2015.
28-1005.01. Ownership or possession of animal fighting paraphernalia; penalty
(1) No person shall knowingly or intentionally own or possess animal fighting paraphernalia with the intent to commit a violation of section 28-1005.
(2)(a) For purposes of this section, except as provided in subdivision (b) of this subsection, animal fighting paraphernalia means equipment, products, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of the pitting of an animal against another as defined in section 28-1004. Animal fighting paraphernalia includes, but is not limited to, the following:
(i) A breaking stick, which means a device designed for insertion behind the molars of a dog for the purpose of breaking the dog's grip on another animal or object;
(ii) A cat mill, which means a device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog;
(iii) A treadmill, which means an exercise device consisting of an endless belt on which the animal walks or runs without changing place;
(iv) A fighting pit, which means a walled area designed to contain an animal fight;
(v) A springpole, which means a biting surface attached to a stretchable device, suspended at a height sufficient to prevent a dog from reaching the biting surface while touching the ground;
(vi) A heel, which means any edged or pointed instrument designed to be attached to the leg of a fowl;
(vii) A boxing glove or muff, which means a fitted protective covering for the spurs of a fowl; and
(viii) Any other instrument commonly used in the furtherance of pitting an animal against another.
(b) Animal fighting paraphernalia does not include equipment, products, or materials of any kind used by a veterinarian licensed to practice veterinary medicine and surgery in this state.
(3) Any person violating subsection (1) of this section is guilty of a Class I misdemeanor and may also be subject to section 28-1019.
Credits
Laws 2010, LB 252, § 2, eff. July 15, 2010; Laws 2013, LB 329, § 2, eff. Sept. 6, 2013.
§ 28-1006. Investigation; arrest; seizure of property; reimbursement of expenses.
(1) It shall be the duty of the sheriff, a police officer, or the Nebraska State Patrol to make prompt investigation of and arrest for any violation of section 28-1005 or 28-1005.01.
(2) Any equipment, device, or other property or things involved in any violation of section 28-1005 or 28-1005.01 shall be subject to seizure, and disposition may be made in accordance with the method of disposition directed for contraband in sections 29-818 and 29-820.
(3) Any animal involved in any violation of section 28-1005 or 28-1005.01 shall be subject to seizure. Distribution or disposition shall be made as provided in section 28-1012.01 and in such manner as the court may direct. The court may give preference to adoption alternatives through humane societies or comparable institutions and to the protection of such animal's welfare. For a humane society or comparable institution to be considered as an adoption alternative under this subsection, it must first be licensed by the Department of Agriculture as having passed the inspection requirements in the Commercial Dog and Cat Operator Inspection Act and paid the fee for inspection under the act. The court may prohibit an adopting or purchasing party from selling such animal for a period not to exceed one year.
(4) In addition to any other sentence given for a violation of section 28-1005 or 28-1005.01, the sentencing court may order the defendant to reimburse a public or private agency for expenses incurred in conjunction with the care, impoundment, or disposal, including adoption, of an animal involved in the violation of section 28-1005 or 28-1005.01. Whenever the court believes that such reimbursement may be a proper sentence or the prosecuting attorney requests, the court shall order that the presentence investigation report include documentation regarding the nature and amount of the expenses incurred. The court may order that reimbursement be made immediately, in specified installments, or within a specified period of time, not to exceed five years after the date of judgment.
Credits
Laws 1988, LB 170, § 4; Laws 1997, LB 551, § 1; Laws 2002, LB 82, § 5; Laws 2010, LB 252, § 3, eff. July 15, 2010; Laws 2010, LB 712, § 11, eff. July 15, 2010; Laws 2015, LB 360, § 1, eff. Dec. 1, 2015.
§ 28-1007. Sections, how construed.
Sections 28-1004 to 28-1006 shall not be construed to amend or in any manner change the authority of the Game and Parks Commission under the Game Law, to prohibit any conduct authorized or permitted in the Game Law, or to prohibit the training of animals for any purpose not prohibited by law.
CREDIT(S)
Laws 1988, LB 170, § 5; Laws 1998, LB 922, § 393; Laws 2010, LB 252, § 4, eff. July 15, 2010.
For purposes of sections 28-1008 to 28-1017, 28-1019, and 28-1020:
(1) Abandon means to leave any animal in one's care, whether as owner or custodian, for any length of time without making effective provision for its food, water, or other care as is reasonably necessary for the animal's health;
(2) Animal means any vertebrate member of the animal kingdom. Animal does not include an uncaptured wild creature or a livestock animal as defined in section 54-902;
(3) Cruelly mistreat means to knowingly and intentionally kill, maim, disfigure, torture, beat, kick, hit, strike in any manner, mutilate, burn, scald, or otherwise inflict harm upon any animal;
(4) Cruelly neglect means to fail to provide any animal in one's care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal's health;
(5) Humane killing means the destruction of an animal by a method which causes the animal a minimum of pain and suffering;
(6) Law enforcement officer means any member of the Nebraska State Patrol, any county or deputy sheriff, any member of the police force of any city or village, or any other public official authorized by a city or village to enforce state or local animal control laws, rules, regulations, or ordinances. Law enforcement officer also includes a special investigator appointed as a deputy state sheriff as authorized pursuant to section 81-201 while acting within the authority of the Director of Agriculture under the Commercial Dog and Cat Operator Inspection Act;
(7) Mutilation means intentionally causing permanent injury, disfigurement, degradation of function, incapacitation, or imperfection to an animal. Mutilation does not include conduct performed by a veterinarian licensed to practice veterinary medicine and surgery in this state or conduct that conforms to accepted veterinary practices;
(8) Owner or custodian means any person owning, keeping, possessing, harboring, or knowingly permitting an animal to remain on or about any premises owned or occupied by such person;
(9) Police animal means a horse or dog owned or controlled by the State of Nebraska or any county, city, or village for the purpose of assisting a law enforcement officer in the performance of his or her official enforcement duties;
(10) Repeated beating means intentional successive strikes to an animal by a person resulting in serious injury or illness or death to the animal;
(11) Serious injury or illness includes any injury or illness to any animal which creates a substantial risk of death or which causes broken bones, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ; and
(12) Torture means intentionally subjecting an animal to extreme pain, suffering, or agony. Torture does not include conduct performed by a veterinarian licensed to practice veterinary medicine and surgery in this state or conduct that conforms to accepted veterinary practices.
Credits
Laws 1990, LB 50, § 1; Laws 1995, LB 283, § 2; Laws 2003, LB 273, § 4; Laws 2006, LB 856, § 11; Laws 2007, LB 227, § 1; Laws 2008, LB 764, § 2, eff. July 18, 2008; Laws 2008, LB 1055, § 2, eff. April 22, 2008; Laws 2009, LB 494, § 1, eff. Aug. 30, 2009; Laws 2010, LB 865, § 13, eff. July 15, 2010; Laws 2012, LB 721, § 2, eff. July 19, 2012; Laws 2015, LB 360, § 2, eff. Dec. 1, 2015; Laws 2022, LB 851, § 1, eff. July 21, 2022.
§ 28-1009. Abandonment; cruel neglect; harassment of a police animal; penalty.
(1) A person who intentionally, knowingly, or recklessly abandons or cruelly neglects an animal is guilty of a Class I misdemeanor unless the abandonment or cruel neglect results in serious injury or illness or death of the animal, in which case it is a Class IV felony.
(2)(a) Except as provided in subdivision (b) of this subsection, a person who cruelly mistreats an animal is guilty of a Class I misdemeanor for the first offense and a Class IIIA felony for any subsequent offense.
(b) A person who cruelly mistreats an animal is guilty of a Class IIIA felony if such cruel mistreatment involves the knowing and intentional torture, repeated beating, or mutilation of the animal.
(3) A person commits harassment of a police animal if he or she knowingly and intentionally teases or harasses a police animal in order to distract, agitate, or harm the police animal for the purpose of preventing such animal from performing its legitimate official duties. Harassment of a police animal is a Class IV misdemeanor unless the harassment is the proximate cause of the death of the police animal, in which case it is a Class IIIA felony.
(4) A person convicted of a Class I misdemeanor under this section may also be subject to section 28-1019. A person convicted of a felony under this section shall also be subject to section 28-1019.
Credits
Laws 1990, LB 50, § 2; Laws 1995, LB 283, § 3; Laws 2002, LB 82, § 6; Laws 2003, LB 273, § 5; Laws 2007, LB 227, § 2; Laws 2013, LB 329, § 3, eff. Sept. 6, 2013; Laws 2014, LB 674, § 1, eff. July 18, 2014; Laws 2015, LB 605, § 49, eff. Aug. 30, 2015; Laws 2022, LB 829, § 1, eff. July 21, 2022.
§ 28-1009.01. Violence on a service dog; interference with a service dog; penalty.
(1) A person commits the offense of violence on a service animal when he or she (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, harass, or threaten an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hard of hearing person, or a physically limited person.
(2) A person commits the offense of interference with a service animal when he or she (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionally impede, interfere, or threaten to impede or interfere with an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hard of hearing person, or a physically limited person.
(3) Evidence that the defendant initiated or continued conduct toward an animal as described in subsection (1) or (2) of this section after being requested to avoid or discontinue such conduct by the blind, visually impaired, deaf or hard of hearing, or physically limited person being served or assisted by the animal shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally.
(4) For purposes of this section:
(a) Blind person means a person with totally impaired vision or with vision, with or without correction, which is so severely impaired that the primary means of receiving information is through other sensory input, including, but not limited to, braille, mechanical reproduction, synthesized speech, or readers;
(b) Deaf person means a person with totally impaired hearing or with hearing, with or without amplification, which is so severely impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading;
(c) Hard of hearing person means a person who is unable to hear air conduction thresholds at an average of forty decibels or greater in the person's better ear;
(d) Physically limited person means a person having limited ambulatory abilities, including, but not limited to, having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger; and
(e) Visually impaired person means a person having a visual acuity of 20/200 or less in the person's better eye with correction or having a limitation to the person's field of vision so that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees.
(5) Violence on a service animal or interference with a service animal is a Class III misdemeanor.
Credits
Laws 1997, LB 814, § 1; Laws 2008, LB 806, § 11, eff. July 18, 2008; Laws 2019, LB 248, § 5, eff. Sept. 1, 2019.
§ 28-1009.02, 28-1009.03. Repealed by Laws 2010, LB 865, § 17, eff. July 15, 2010
HISTORICAL AND STATUTORY NOTES
The repealed sections, which related to prohibited acts against equine and bovine, respectively, were derived from Laws 2008, LB 764, §§ 3, 4.
28-1010. Indecency with an animal; penalty
A person commits indecency with an animal when such person subjects an animal to sexual penetration as defined in section 28-318. Indecency with an animal is a Class III misdemeanor. A person convicted under this section may also be subject to section 28-1019.
Credits
Laws 1977, LB 38, § 216; Laws 1978, LB 748, § 16; Laws 1990, LB 50, § 3; Laws 2009, LB 97, § 16, eff. May 21, 2009; Laws 2013, LB 329, § 4, eff. Sept. 6, 2013.
28-1011. Violations; liability for expenses
(1) In addition to any other sentence given for a violation of section 28-1009 or 28-1010, the sentencing court may order the defendant to reimburse a public or private agency for any unreimbursed expenses incurred in conjunction with the care, impoundment, seizure, or disposal of an animal involved in the violation of such section. Whenever the court believes that such reimbursement may be a proper sentence or the prosecuting attorney requests, the court shall order that the presentence investigation report include documentation regarding the nature and amount of the expenses incurred. The court may order that reimbursement be made immediately, in specified installments, or within a specified period of time, not to exceed five years after the date of judgment.
(2) Even if reimbursement for expenses is not ordered under subsection (1) of this section, the defendant shall be liable for all unreimbursed expenses incurred by a public or private agency in conjunction with the care, impoundment, seizure, or disposal of an animal. The expenses shall be a lien upon the animal.
Credits
Laws 1990, LB 50, § 5; Laws 1997, LB 551, § 2; Laws 2015, LB 360, § 3, eff. Dec. 1, 2015.
28-1012. Law enforcement officer; powers; immunity; seizure; court powers
(1) A law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the animal.
(2) It shall be the duty of a law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated to make prompt investigation of such violation. A law enforcement officer may, in lieu of making an arrest, issue a citation to the owner or custodian as prescribed in sections 29-422 to 29-429.
(3) Any equipment, device, or other property or things involved in a violation of section 28-1009 or 28-1010 shall be subject to seizure, and distribution or disposition may be made in such manner as the court may direct. Any animal involved in a violation of section 28-1009 or 28-1010 shall be subject to seizure. Distribution or disposition shall be made under section 28-1012.01 as the court may direct.
(4) Any law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer's negligence.
Credits
Laws 1990, LB 50, § 4; Laws 1997, LB 551, § 3; Laws 2002, LB 82, § 7; Laws 2010, LB 712, § 12, eff. July 15, 2010; Laws 2015, LB 360, § 4, eff. Dec. 1, 2015; Laws 2022, LB 851, § 2, eff. July 21, 2022.
28-1012.01. Animal seized; court powers; county attorney; duties; hearing; notice; animal abandoned or cruelly neglected or mistreated; bond or other security; appeal; section, how construed
(1) Any animal seized under a search warrant or validly seized without a warrant may be kept on the property of the owner or custodian by the law enforcement officer seizing the animal. When a criminal complaint has been filed in connection with a seized animal, the court in which such complaint was filed shall have exclusive jurisdiction for disposition of the animal and to determine any rights therein, including questions respecting the title, possession, control, and disposition thereof as provided in this section.
(2) Within ten business days after the date an animal has been seized pursuant to section 28-1006 or 28-1012, the county attorney of the county where the animal was seized shall file an application with the court having appropriate jurisdiction for a hearing to determine the disposition and the cost for the care of the animal. Notice of such hearing shall be given to the owner or custodian from whom such animal was seized and to any holder of a lien or security interest of record in such animal specifying the date, time, and place of such hearing. Such notice shall be served by personal or residential service or by certified mail. If such notice cannot be served by such methods, service may be made by publication in the county where such animal was seized. Such publication shall be made after application and order of the court. The hearing shall be held as soon as practicable and not more than ten business days after the date of application for the hearing unless otherwise determined and ordered by the court.
(3) If the court finds that probable cause exists that an animal has been abandoned or cruelly neglected or mistreated, the court may:
(a) Order immediate forfeiture of the animal to the agency that took custody of the animal and authorize appropriate disposition of the animal including adoption, donation to a suitable shelter, humane destruction, or any other manner of disposition approved by the court. The court may consider adoption alternatives through humane societies or comparable institutions and the protection of such animal's welfare. For a humane society or comparable institution to be considered as an adoption alternative under this subsection, it must first be licensed by the Department of Agriculture as having passed the inspection requirements in the Commercial Dog and Cat Operator Inspection Act and paid the fee for inspection under the act. The court may prohibit an adopting or purchasing party from selling such animal for a period not to exceed one year;
(b) Issue an order to the owner or custodian setting forth the conditions under which custody of the animal shall be returned to the owner or custodian from whom the animal was seized or to any other person claiming an interest in the animal. Such order may include any management actions deemed necessary and prudent by the court, including reducing the number of animals harbored or owned by the owner or custodian by humane destruction or forfeiture and securing necessary care, including veterinary care, sufficient for the maintenance of any remaining animals; or
(c) Order the owner or custodian from whom the animal was seized to post a bond or other security or to otherwise order payment in an amount that is sufficient to reimburse all reasonable expenses, as determined by the court, for the care of the animal including veterinary care incurred by the agency from the date of seizure and necessitated by the possession of the animal. Payments shall be for a succeeding thirty-day period with the first payment due on or before the tenth day following the hearing. Payments for each subsequent thirty-day period, if any, shall be due on or before the tenth day of such period. The bond or security shall be placed with, or payments ordered under this subdivision shall be paid to, the agency that took custody of the animal. The agency shall provide an accounting of expenses to the court when the animal is no longer in the custody of the agency or upon request by the court. The county attorney of the county where the animal was seized may apply to the court for a subsequent hearing under this section at any time. The hearing shall be held as soon as practicable and not more than ten business days after the date of application for the hearing unless otherwise determined and ordered by the court. When all expenses covered by the bond or security are exhausted and subsequent bond or security has not been posted, or if a person becomes delinquent in his or her payments for the expenses of the animal, the animal shall be forfeited to the agency.
(4) If custody of an animal is returned to the owner or custodian prior to seizure, any proceeds of a bond or security or any payment or portion of payment ordered under this section not used for the care of the animal during the time the animal was held by the agency shall be returned to the owner or custodian.
(5) Nothing in this section shall prevent the humane destruction of a seized animal at any time as determined necessary by a licensed veterinarian or as authorized by court order.
(6) An appeal may be filed within ten days after a hearing held under this section. Any person filing an appeal shall post a bond or security sufficient to pay reasonable costs of care of the animal for thirty days. Such bond or surety shall be required for each succeeding thirty-day period until the appeal is final.
(7) If the owner or custodian from whom the animal was seized is found not guilty in an associated criminal proceeding, all funds paid for the expenses of the animal remaining after the actual expenses incurred by the agency have been paid shall be returned to the owner or custodian.
(8) This section shall not preempt any ordinance of a city of the metropolitan or primary class.
Credits
Laws 2015, LB 360, § 5, eff. Dec. 1, 2015; Laws 2022, LB 829, § 2, eff. July 21, 2022.
Sections 28-1008 to 28-1017 and 28-1019 shall not apply to:
(1) Care or treatment of an animal or other conduct by a veterinarian or veterinary technician licensed under the Veterinary Medicine and Surgery Practice Act that occurs within the scope of his or her employment, that occurs while acting in his or her professional capacity, or that conforms to commonly accepted veterinary practices;
(2) Commonly accepted care or treatment of a police animal by a law enforcement officer in the normal course of his or her duties;
(3) Research activity carried on by any research facility currently meeting the standards of the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1, 2010;
(4) Commonly accepted practices of hunting, fishing, or trapping;
(5) Humane killing of an animal by the owner or by his or her agent or a veterinarian upon the owner's request;
(6) Use of reasonable force against an animal, other than a police animal, which is working, including killing, capture, or restraint, if the animal is outside the owned or rented property of its owner or custodian and is injuring or posing an immediate threat to any person or other animal;
(7) Killing of house or garden pests; and
(8) Commonly accepted animal training practices.
Credits
Laws 1990, LB 50, § 6; Laws 1995, LB 283, § 4; Laws 2003, LB 273, § 6; Laws 2007, LB 463, § 1127; Laws 2008, LB 764, § 5, eff. July 18, 2008; Laws 2008, LB 1055, § 4, eff. April 22, 2008; Laws 2009, LB 494, § 2, eff. Aug. 30, 2009; Laws 2010, LB 865, § 14, eff. July 15, 2010; Laws 2015, LB 360, § 6, eff. Dec. 1, 2015.
28-1013.01, 28-1013.02. Repealed by Laws 2010, LB 865, § 17, eff. July 15, 2010
HISTORICAL AND STATUTORY NOTES
The repealed sections, which related to equine and bovine sanctioned entertainment activities, respectively, were derived from Laws 2008, LB 764, §§ 6, 7.
§ 28-1014. Local regulation; authorized.
Any city, village, or county may adopt and promulgate rules, regulations, and ordinances which are not inconsistent with the provisions of sections 28-1008 to 28-1017, 28-1019, and 28-1020 for the protection of the public, public health, and animals within its jurisdiction.
Credits
Laws 1990, LB 50, § 7; Laws 2003, LB 273, § 7; Laws 2008, LB 764, § 8, eff. July 18, 2008; Laws 2008, LB 1055, § 5, eff. April 22, 2008; Laws 2009, LB 494, § 3, eff. Aug. 30, 2009; Laws 2015, LB 360, § 7, eff. Dec. 1, 2015.
§ 28-1015. Ownership by child; applicability of penalties.
When an animal is owned by a minor child, the parent of such minor child with whom the child resides or legal guardian with whom the child resides shall be subject to the penalties provided under sections 28-1008 to 28-1017, 28-1019, and 28-1020 if the animal is abandoned or cruelly neglected.
Credits
Laws 1990, LB 50, § 8; Laws 2003, LB 273, § 8; Laws 2008, LB 764, § 9, eff. July 18, 2008; Laws 2008, LB 1055, § 6, eff. April 22, 2008; Laws 2009, LB 494, § 4, eff. Aug. 30, 2009; Laws 2015, LB 360, § 8, eff. Dec. 1, 2015.
§ 28-1016. Game and Parks Commission; Game Law; sections, how construed.
Nothing in sections 28-1008 to 28-1017, 28-1019, and 28-1020 shall be construed as amending or changing the authority of the Game and Parks Commission as established in the Game Law or to prohibit any conduct authorized or permitted by such law.
Credits
Laws 1990, LB 50, § 9; Laws 2003, LB 273, § 9; Laws 2008, LB 764, § 10, eff. July 18, 2008; Laws 2008, LB 1055, § 7, eff. April 22, 2008; Laws 2009, LB 494, § 5, eff. Aug. 30, 2009; Laws 2015, LB 360, § 9, eff. Dec. 1, 2015.
§ 28-1017. Animal abandonment, cruel neglect, or cruel mistreatment; report required by certain employees; violation; penalty.
(1) For purposes of this section:
(a) Reasonably suspects means a basis for reporting knowledge or a set of facts that would lead a person of ordinary care and prudence to believe and conscientiously entertain a strong suspicion that criminal activity is at hand or that a crime has been committed; and
(b) Employee means any employee of a governmental agency dealing with child or adult protective services, animal control, or animal abuse.
(2) Any employee, while acting in his or her professional capacity or within the scope of his or her employment, who observes or is involved in an incident which leads the employee to reasonably suspect that an animal has been abandoned, cruelly neglected, or cruelly mistreated shall report such to the entity or entities that investigate such reports in that jurisdiction.
(3) The report of an employee shall be made within two working days of acquiring the information concerning the animal by facsimile transmission of a written report presented in the form described in subsection (6) of this section or by telephone. When an immediate response is necessary to protect the health and safety of the animal or others, the report of an employee shall be made by telephone as soon as possible.
(4) Nothing in this section shall be construed to impose a duty to investigate observed or reasonably suspected animal abandonment, cruel neglect, or cruel mistreatment. Any person making a report under this section is immune from liability except for false statements of fact made with malicious intent.
(5) A report made by an employee pursuant to this section shall include:
(a) The reporter's name and title, business address, and telephone number;
(b) The name, if known, of the animal owner or custodian, whether a business or individual;
(c) A description of the animal or animals involved, person or persons involved, and location of the animal or animals and the premises; and
(d) The date, time, and a description of the observation or incident which led the reporter to reasonably suspect animal abandonment, cruel neglect, or cruel mistreatment and any other information the reporter believes may be relevant.
(6) A report made by an employee pursuant to this section may be made on preprinted forms prepared by the entity or entities that investigate reports of animal abandonment, cruel neglect, or cruel mistreatment in that jurisdiction. The form shall include space for the information required under subsection (5) of this section.
(7) When two or more employees jointly have observed or reasonably suspected animal abandonment, cruel neglect, or cruel mistreatment and there is agreement between or among them, a report may be made by one person by mutual agreement. Any such reporter who has knowledge that the person designated to report has failed to do so shall thereafter make the report.
(8) Any employee failing to report under this section shall be guilty of an infraction.
Laws 2003, LB 273, § 1; Laws 2009, LB 494, § 6, eff. Aug. 30, 2009.
§ 28-1018. Sale of puppy or kitten; prohibited acts; penalty.
(1) A person, other than an animal control facility, animal rescue, or animal shelter, who sells a puppy or kitten under eight weeks of age without its mother is guilty of a Class V misdemeanor.
(2) For purposes of this section:
(a) Animal control facility means a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals;
(b) Animal rescue means a person or group of persons who hold themselves out as an animal rescue, accept or solicit for dogs or cats with the intention of finding permanent adoptive homes or providing lifelong care for such dogs or cats, or who use foster homes as defined in section 54-626 as the primary means of housing dogs or cats; and
(c) Animal shelter means a facility used to house or contain dogs or cats and owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals.
CREDIT(S)
Laws 2003, LB 17, § 5; Laws 2006, LB 856, § 12; Laws 2010, LB 910, § 1, eff. July 15, 2010.
§ 28-1019 Conviction; order prohibiting ownership, possession, or residing with animal; duration; violation; penalty; seizure of animal.
(1)(a) If a person is convicted of a felony under section 28-1005 or 28-1009, the sentencing court shall order such person not to own, possess, or reside with any animal for at least five years after the date of conviction, but such time restriction shall not exceed fifteen years. Any person violating such court order shall be guilty of a Class I misdemeanor.
(b) If a person is convicted of a Class I misdemeanor under section 28-1005.01 or 28-1009 or a Class III misdemeanor under section 28-1010, the sentencing court may order such person not to own, possess, or reside with any animal after the date of conviction, but such time restriction, if any, shall not exceed five years. Any person violating such court order shall be guilty of a Class IV misdemeanor.
(c) Any animal involved in a violation of a court order under subdivision (a) or (b) of this subsection shall be subject to seizure by law enforcement. Distribution or disposition shall be made under section 28-1012.01.
(2) This section shall not apply to any person convicted under section 28-1005, 28-1005.01, or 28-1009 if a licensed physician confirms in writing that ownership or possession of or residence with an animal is essential to the health of such person.
Credits
Laws 2008, LB 1055, § 3, eff. April 22, 2008; Laws 2010, LB 252, § 5, eff. July 15, 2010; Laws 2010, LB 712, § 13, eff. July 15, 2010; Laws 2014, LB 674, § 2, eff. July 18, 2014; Laws 2015, LB 360, § 10, eff. Dec. 1, 2015; Laws 2022, LB 829, § 3, eff. July 21, 2022.
28-1020. Animal abandonment, cruel neglect, or cruel mistreatment; report required by animal health care professional; immunity from liability
(1) Any animal health care professional, while acting in his or her professional capacity or within the scope of his or her employment, who observes or is involved in an incident which leads the animal health care professional to reasonably suspect that an animal has been abandoned, cruelly neglected, or cruelly mistreated, shall report such treatment to an entity that investigates such reports in the appropriate jurisdiction.
(2) Nothing in this section shall be construed to impose a duty to investigate observed or reasonably suspected abandonment, cruel neglect, or cruel mistreatment of an animal. Any person making a report under this section is immune from liability except for false statements of fact made with malicious intent.
(3) For purposes of this section, an animal health care professional means a licensed veterinarian as defined in section 38-3310 or a licensed veterinary technician as defined in section 38-3311.
Laws 2009, LB 494, § 7, eff. Aug. 30, 2009.