City of Gordon, Nebraska

The official government website for The City of Gordon, Nebraska

Dangerous Dog Ordinance

See Gordon Revised Ordinances- Chapter 2 Misdemeanors http://www.gordon-ne.us/egov/documents/1522703610_37015.pdf

SECTION 2-318: DANGEROUS DOGS; DEFINITIONS
1. "Animal control officer" shall mean any person employed or appointed by
the City who is authorized by the city manager to investigate and enforce violations
relating to animal control or cruelty under the provisions of this ordinance.
2. "Dangerous dog" shall mean any dog that, because of its aggressive nature,
training, or characteristic behavior, presents a risk of serious physical harm or death
to human beings, or would constitute a danger to human life, physical well-being, or
property if not kept under the direct control of the owner. This definition shall not apply
to dogs utilized by law enforcement officers in the performance of their duties. The
term "dangerous dog" includes any dog, that according to the records of either the
City, animal shelter, or any law enforcement agency:
A. Has aggressively bitten, attacked, endangered, or inflicted severe injury
on a human being on public or private property, or when unprovoked, has
chased or approached a person upon the street, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack, provided
that such actions are attested to in a sworn statement by one or more
persons and dutifully investigated by an animal control officer;
B. Has severely injured or killed a domestic animal while off the owner's
property; or
C. Has been used primarily or in part for the purpose of dogfighting or is a
dog trained for dogfighting.
3. “Pit Bull” shall mean:
A. The Bull Terrier breed of dogs
B. The Staffordshire Bull Terrier breed of dogs;
C. The American Pit Bull Terrier breed of dogs;
D. The American Staffordshire Terrier breed of dogs;
E. Any dog which has the appearance and characteristics of being predominantly
of the breeds of Bull Terrier; Staffordshire Bull Terrier; American
Pit Bull Terrier; American Staffordshire Terrier; any other breed commonly
known as Pit Bulls, Pit Bull dogs or Pit Bull Terriers; or a combination
of any of these breeds.
A dog shall not be defined as dangerous if any threat or any damage was sustained
by a person committing a willful trespass or any other tort upon the property owne
or
B. Determine that the dog is dangerous and order the owner to comply with
the requirement for keeping dangerous dogs set forth in Section 2-323 of
this ordinance. The animal control officer also shall notify the city manager
and the police chief of the designation of any dog as a dangerous
dog and specify any particular requirements or conditions placed upon
the dog owner; or
C. Determine that the dog is dangerous and should be humanely destroyed.
In order for this decision to be made, the dog must have been determined
to cause fatal injury to another domestic animal or inflicted severe injury
on a human while not on the owner's property. The animal control officer
also shall notify the city manager and the police chief of the designation
of any dog as a dangerous dog.
SECTION 2-320: DANGEROUS DOGS; NOTIFICATION OF DANGEROUS DOG
DECLARATION
1. Within five business days after declaring a dog dangerous, the City shall
notify the owner by certified mail of the dog's designation as a dangerous dog and if
the dog has been determined to be destroyed humanely or the conditions for keeping
the dog, as set forth in Section 2-323 herein. The animal control officer also shall
notify the city manager and the police chief of the designation of any dog as a dangerous
dog and specify if the dog has been determined to be destroyed humanely or
any particular requirements or conditions placed upon the dog owner.
2. The notice shall inform the dog owner that he/she may request, in writing, a
hearing to contest the animal control officer's finding and designation within five business
days after delivery of the dangerous dog declaration notice.
3. If the animal control officer cannot with due diligence locate the owner of a
dog that has been seized pursuant to this ordinance, the animal control officer shall
cause the dog to be impounded for not less than five business days. If after five business
days the owner fails to claim the dog, the animal control officer may cause the
dog to be humanely destroyed.
SECTION 2-321: DANGEROUS DOGS; HEARING ON DECLARATION
1. The city manager shall hold a hearing within 15 business days after receiving
the dog owner's written request for such a hearing. The city manager shall provide
notice of the date, time, and location of the hearing to the dog owner and complainant
by certified mail.
2. At a hearing, all interested persons shall be given the opportunity to present
evidence on the issue of the dog's dangerousness. However, the city manager may
set and enforce reasonable limits on the amount of time each interested person has
to present. Criteria to be considered in a hearing required by this section shall be
included but not limited to the following:
A. Provocation;
B. Severity of attack or injury to a person or a domestic animal;
C. Previous aggressive history of the dog;
D. Observable behavior of the dog;
E. Site and circumstance of the incident; and
F. Statement from interested persons.
3. A determination at a hearing that the dog is in fact a dangerous dog as
defined in Section 2-318 shall subject the dog and its owner to the provisions of this
ordinance.
4. Failure of the dog owner to request a hearing shall result in the dog finally
being declared a dangerous dog and shall subject the dog and its owner to the provisions
of this ordinance.
5. The dog owner shall be responsible for payment of all boarding costs and
other fees as may be required for the City to humanely and safely keep the animal
during any legal proceeding, unless the city manager determines that the dog is not
dangerous.
SECTION 2-322: DANGEROUS DOGS; APPEAL FROM DECLARATION
If the city manager determines that a dog is dangerous at the conclusion of a hearing
conducted under Section 2-321, that decision shall be final unless the dog owner
applies to a court of competent jurisdiction for any remedies that may be available
within ten days after receiving notification that the dog has been finally declared dangerous.
If an appeal is timely filed, the city manager shall suspend the destruction
order pending the final determination of the court. The appeal must be a trial de novo
and shall be a civil proceeding for the purpose of affirming or reversing the city manager's
determination of dangerousness.
SECTION 2-323: DANGEROUS DOGS; KEEPING OF
The keeping of a dangerous dog as defined in Section 2-318 shall be subject to the
following requirements:
1. Leash. No person having charge, custody, control or possession of a dangerous
dog shall allow the dog to exit its kennel, pen, or other proper enclosure unless
such dog is securely attached to a leash not more than 4 feet in length. No such
person shall permit a dangerous dog to be kept on a chain, rope, or other type of
leash outside its kennel or pen unless a person capable of controlling the dog is in
physical control of the leash.
2. Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to
allow the dog to be outside of its proper enclosure unless it is necessary for the dog
to receive veterinary care or exercise. In such cases, the dog shall wear a properly
fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not
interfere with the dog's breathing or vision.
3. Confinement. Except when leashed and muzzled as provided in this section,
a dangerous dog shall be securely confined indoors or confined in a locked pen or
other secure enclosure that is suitable to prevent the entry of children and is designed
to prevent the dog from escaping. The enclosure shall include shelter and protection
from the elements and shall provide adequate exercise room, light, and ventilation. A
privacy fence enclosure does not meet the requirements of confinement for a dangerous
dog. The enclosed structure shall be kept in a clean and sanitary condition
and shall meet the following requirements:
A. The structure must have secure sides and a secure top, or all sides must
be at least 8 feet high;
B. The structure must have a bottom permanently attached to the sides or
the sides must be embedded not less than 1 foot into the ground; and
C. The structure must be of such material and closed in such a manner that
the dog cannot exit the enclosure on its own.
4. Indoor Confinement. No dangerous dog shall be kept on a porch, patio, or
any part of a house structure that would allow the dog to exit such building on its own
volition.
5. Signs. All owners, keepers or harborers of dangerous dogs shall display in
a prominent place on their premises a sign easily readable by the public, using the
words "Beware of Dog".
6. Liability Insurance and Surety Bond. The owner of a dangerous dog shall
present to the animal control officer proof that he/she has procured liability insurance
or a surety bond in the amount of not less than $100,000.00 covering any damages
or injury that may be caused by such dangerous dog. The policy shall contain a provision
requiring that the City be notified immediately by the insurance company issuing
the policy in the event that the insurance policy is cancelled, terminated, or expires.
The liability insurance or surety bond shall be obtained prior to the issuing of a
permit to keep a dangerous dog. The dog owner shall sign a statement attesting that
he/she shall maintain and not voluntarily cancel the liability insurance policy during
the 12-month period for which a permit is sought, unless the owner ceases to own or
keep the dog prior to the expiration date of the permit period.
7. Spay and Neuter. All dangerous dogs must either be spayed or neutered
prior to the issuing of a permit to keep a dangerous dog.
8. Reporting Requirements. Every owner of a registered dangerous dog shall,
within ten days of any of the following incidents, report in writing to the City as follows:
A. Removal of dog from the City;
B. Death of said dog;
C. Birth of offspring;
D. New address if owner moves within the City.
9. Offspring of Dangerous Dogs. All offspring born of dangerous dogs registered
with the animal control officer must be transferred to an owner whose property
is outside the City within eight weeks of birth or become subject to humane destruction.
If offspring are produced from a dangerous dog, then the dangerous dog must
be evaluated by a licensed veterinarian to determine what is necessary to end the
dog's ability to procreate.
10. Notification of Escape. The owner or keeper of a dangerous dog shall notify
the animal control officer and/or the Gordon Police Department immediately if such
dog escapes from its enclosure or restraint and is at large. Such immediate notification
shall also be required if the dog bites or attacks a person or domestic animal.
11. Failure to Comply. It shall be unlawful and a misdemeanor for any owner
of a dangerous dog registered with the animal control officer to fail to comply with the
requirements and conditions set forth in this section. Any dog found to be in violation
of this section shall be subject to seizure and impoundment according to Section 2-
326.
SECTION 2-324: DANGEROUS DOGS; PERMIT AND TAG REQUIREMENT
1. The owner of a dangerous dog shall, within three business days after the
classification of the dog as dangerous or upon acquisition of such a dog, obtain an
annual permit from the animal control officer to harbor the dog. The fee for such a
permit shall be $250.00 per year. Such fee shall include the tag and inspection fee
for inspection of the structure for confinement of the animal.
2. Proof of current rabies vaccination shall be presented in order to obtain the
permit.
3. At the time the permit is issued, a red circular tag shall be issued to the
owner of the dangerous dog. Such tag shall be worn at all times by the dog to clearly
and easily identify it as a dangerous dog.
4. A picture of the dog is required to be submitted to the animal control officer
prior to the issuance of a permit.
5. The permit for maintaining a dangerous dog shall be presented to an animal
control officer upon demand.
SECTION 2-325: DANGEROUS DOGS; PIT BULL PRESUMED
There shall be irrefutable presumption that any dog registered with the animal control
officer as a Pit Bull is a dangerous dog and is therefore subject to the requirements
of this ordinance.
SECTION 2-326: DANGEROUS DOGS; NOTIFICATION OF INTENT TO IMPOUND
1. When the animal control officer or his designee intends to impound a dog
declared to be dangerous for violation of Section 2-323, he shall notify the owner or
custodian of the dog, by certified mail, of the intended impoundment at least ten business
days prior to the intended impoundment, except when the violation makes immediate
impoundment necessary for the protection of public health and safety. In
such case, the owner or custodian of the dog shall be notified by certified mail within
five business days following the immediate impoundment of the dangerous dog. If the
dangerous dog poses threat of severe injury to the animal control officer or other
persons or domestic animals in the course of impounding it, the dog may be destroyed
immediately. In addition, failure to comply with the requirements and conditions
set forth in this ordinance shall result in the revocation of the dog's license and
the permit providing for the keeping of such animal.
2. The notice of impoundment shall inform the owner or custodian of the dog
that he/she may request in writing, within five business days after receiving notice, a
hearing to contest the impoundment and finding of violation.
3. If the owner or custodian requests a hearing, no impoundment shall take
place until the conclusion of the hearing, except when the violation makes immediate
impoundment necessary for the protection of public health and safety.
SECTION 2-327: DANGEROUS DOGS; IMPOUNDMENT HEARING
1. The city manager shall hold a hearing within 15 business days after receiving
the dog owner's written request for such a hearing. The city manager shall provide
notice of the date, time, and location of the hearing to the dog owner and complainant
by certified mail.
2. If after a hearing on impoundment the city manager finds no violation of
Section 2-323 or that the dog has not bitten a human or domestic animal, the dog
shall be returned to its owner or custodian, if already impounded, or shall not be impounded
as intended.
3. Incident to the findings and conclusions made at the impoundment hearing,
the city manager may impose reasonable restrictions and conditions for maintenance
of the dog to ensure the health and safety of the public and the animal. Such conditions
may include but shall not be limited to:
A. Posting of bond or other proof of financial ability to respond to damages;
B. Specific requirements as to size, construction and design of a kennel in
which to house the dog;
C. Requirements as to type and method of restraint and/or muzzling of the
dog;
D. Photo identification or permanent marking of the dog for purposes of
identification; and
E. Payment of reasonable fees to recover the costs incurred by the animal
control officer in ensuring compliance with this ordinance.
4. The dog owner shall be responsible for payment of all boarding costs and
other fees as may be required for the City to humanely and safely keep the animal
during any legal proceeding, unless the city manager determines there was no violation.
SECTION 2-328: DANGEROUS DOGS; DESTRUCTION
1. The animal control officer may order the immediate destruction of any dog
that is not adequately restrained or confined on the dog owner's property and that the
animal control officer determines to be extremely dangerous to public health or safety,
a dog that has made an extremely vicious attack upon a human or domestic animal,
or a dog declared dangerous whose owner is unable or unwilling to adequately restrain
it.
2. The animal control officer shall notify the owner or custodian of the destroyed
dog, by certified mail, of the destruction within five business days of the destruction.
SECTION 2-329: DANGEROUS DOGS; SALE OR TRANSFER OF OWNERSHIP
PROHIBITED
No person shall sell, barter, or in any other way transfer a dangerous dog registered
with the City to any other person within the City.
SECTION 2-330: DANGEROUS DOGS; CONTINUATION OF DECLARATION
Any dog that has been declared dangerous by any agency or department of this city,
another municipality, county, or state shall be subject to the provisions of this ordinance
for the remainder of its life. The person owning or having custody of any dog
designated as a dangerous dog by any municipality, county, or state government shall
notify the animal control officer of the dog's address and conditions of maintenance
within ten days of moving the animal into the City of Gordon. The restrictions and
conditions of maintenance of any dog declared dangerous by this city, another municipality,
county or state shall remain in force while the dog remains in the City

Contact Us

Police Department
(More about Police Department)
311 N Oak St,
Gordon, NE 69343
  • Phone: (308) 282-0308
  • Fax: (308) 282-2467
  • Staff Directory
  • Office Hours:
    M - F 8:00 A.M. - 4:00 P.M.

In this Department

Topics of Interest