TITLE IX: GENERAL REGULATIONS

Chapter

90. LEISURE AND RECREATION

91. HEALTH AND SAFETY

92. PUBLIC WAYS AND PROPERTY

93. ANIMALS

CHAPTER 90: LEISURE AND RECREATION

Section

90.01 Parks and recreational facilities; operation and funding

90.02 Parks and recreational facilities; injury to property

' 90.01 PARKS AND RECREATIONAL FACILITIES; OPERATION AND FUNDING.

(A) If the village has already acquired or hereafter acquires land for park purposes or recreational facilities or has already built or hereafter builds swimming pools, recreational facilities, or dams, the Board of Trustees may each year make and levy a tax upon the taxable value of all the taxable property in the village. The levy shall be collected and put into the village treasury and shall constitute the park and recreation fund of the village. The funds so levied and collected shall be used for amusements, for laying out, improving, and beautifying such parks, for maintaining, improving, managing, and beautifying such swimming pools, recreational facilities, or dams, and for the payment of salaries and wages of persons employed in the performance of such labor. (Neb. RS 17-951)

(B) If the Board of Trustees creates a Board of Park Commissioners or Board of Park and Recreation Commissioners, when such Board has been appointed and qualified, all accounts against the park fund or park and recreation fund, as the case may be, shall be audited by such Board, and warrants against the fund shall be drawn by the Chairperson of the Board, and warrants so drawn shall be paid by the Village Treasurer out of the fund. (Neb. RS 17-952)

(C) (1) Whether the title to real estate for parks, public grounds, swimming pools, or dams, either for recreational or conservational purposes, shall be acquired by gift, devise, or purchase as provided in Neb. RS 17-948, the jurisdiction of the Board of Trustees or Park Board shall at once be extended over such real estate; and the Board of Trustees or Park Board shall have power to enact bylaws, rules or ordinances for the protection and preservation of any real estate acquired as herein contemplated, and to provide rules and regulations for the closing of the park or swimming pool, in whole or in part, to the general public, and charge admission thereto during such closing, either by the village or by any person, persons, or corporation leasing same. They may provide suitable penalties for the violation of such bylaws, rules, or ordinances; and the police power of the village shall be at once extended over the same. (Neb. RS 17-949)

(2) The Park Board shall not enter into a contract of any nature that involves an expenditure of funds, except for ordinary operating expenses, unless the contract has been approved by resolution of the majority of the members of the Board of Trustees prior to the contractual agreement. Statutory reference: Levy limits, see Neb. RS 77-3442 Parks and recreational facilities generally, see Neb. RS 17-948 through 17-952

' 90.02 PARKS AND RECREATIONAL FACILITIES; INJURY TO PROPERTY.

It shall be unlawful for any person to maliciously or willfully cut down, injure, or destroy any tree, plant, or shrub in any village park or recreational facility. It shall be unlawful for any person to injure or destroy any sodded or planted area or injure or destroy any building, structure, equipment, fence, bench, table, or any other property of any village park or recreational area. No person shall commit any waste on or litter the village parks or other public grounds. Penalty, see ' 10.99 Statutory reference: Littering of public and private property, see Neb. RS 28-523

CHAPTER 91: HEALTH AND SAFETY

Section

General Provisions

91.01 Health regulations

91.02 Enforcement official

91.03 County Health Board

Nuisances

91.20 Definition

91.21 Abatement procedure

91.22 Adjoining land owners; intervention before trial

91.23 Dead or diseased trees

91.24 Weeds; litter; stagnant water

91.25 Garbage and refuse

Cross-reference: Animals, see Chapter 90 Board of Health, see '' 33.30 and 35.03 Streets and Sidewalks, see Chapter 93

GENERAL PROVISIONS

' 91.01 HEALTH REGULATIONS.

For the purpose of promoting the health and safety of the residents of the village, the Board of Health shall, from time to time, adopt such rules and regulations relative thereto and shall make such inspections, prescribe such penalties, and make such reports as may be necessary toward that purpose. Statutory reference: Authority to regulate, see Neb. RS 17-208

' 91.02 ENFORCEMENT OFFICIAL.

The Village Marshal, Chief of Police, or other official designated by the Board of Trustees, as the quarantine officer, shall be the chief health officer of the village. It shall be his or her duty to notify the Board of Trustees and the Board of Health of health nuisances within the village and its zoning jurisdiction. Statutory reference: Quarantine officer, see Neb. RS 17-208

' 91.03 COUNTY HEALTH BOARD.

It shall be the duty of the Board of Health to work closely with the County Health Board in protecting the health and welfare of the residents of the village.

NUISANCES

' 91.20 DEFINITION.

(A) General definition. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

NUISANCE. Consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

(a) Injures or endangers the comfort, repose, health, or safety of others;

(b) Offends decency;

(c) Is offensive to the senses;

(d) Unlawfully interferes with, obstructs, tends to obstruct, or renders dangerous for passage any stream, public park, parkway, square, street, or highway in the village;

(e) In any way renders other persons insecure in life or the use of property; or

(f) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.

(B) Specific definition. The maintaining, using, placing, depositing, leaving, or permitting of any of the following specific acts, omissions, places, conditions, and things are hereby declared to be NUISANCES:

(1) Any odorous, putrid, unsound, or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish, or fowl;

(2) Privies, vaults, cesspools, dumps, pits, or like places which are not securely protected from flies or rats, or which are foul or malodorous;

(3) Filthy, littered, or trash-covered cellars, houseyards, barnyards, stableyards, factory yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises;

(4) Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the village;

(5) Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of fish, or any waste vegetable or animal matter in any quantity; provided, that nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the health officer of the village, nor the dumping of non-putrefying waste in a place and manner approved by the health officer;

(6) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles;

(7) Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, scrap iron, tin, or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of the articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger, or which are so unsightly as to depreciate property values in the vicinity thereof;

(8) Any unsightly building, billboard, or other structure, or any old, abandoned, or partially destroyed building or structure or any building or structure commenced and left unfinished, which buildings, billboards, or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof;

(9) All places used or maintained as junk yards, or dumping grounds, or for the wrecking and disassembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked, or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof;

(10) Stagnant water permitted or maintained on any lot or piece of ground;

(11) Stockyards, granaries, mills, pig pens, cattle pens, chicken pens, or any other place, building,

or enclosure, in which animals or fowl of any kind are confined or on which is stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when the places in which the animals are confined, or the premises on which the vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom to the annoyance of inhabitants of the village or are maintained and kept in such a manner as to be injurious to the public health; or

(12) All other things specifically designated as nuisances elsewhere in this code.

Penalty, see ' 10.99

' 91.21 ABATEMENT PROCEDURE.

(A) The owner or occupant of any real estate within the corporate limits or zoning jurisdiction of the village shall keep such real estate free of nuisances. Except to the extent that conflicting procedures are otherwise provided, the procedures in this section shall apply to abatement of nuisances.

(B) Upon determination by the Board of Health or designated official that the owner or occupant of any such real estate has failed to keep the real estate free of nuisances, notice to abate and remove such nuisance and notice of the right to a hearing before the Board of Trustees and the manner in which it may be requested shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or by certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the village or by conspicuously posting the notice on the real estate upon which the nuisance is to be abated and removed. The notice shall describe the condition as found by the Board of Health or designated official and state that the condition has been declared a nuisance and must be remedied at once.

(C) If within five days after receipt of such notice or publication or posting, whichever is applicable, the owner or occupant of the real estate does not request a hearing with the village or fails to comply with the order to abate and remove the nuisance, the village may have such work done.

(D) If within five days after receipt of such notice or publication or posting, whichever is applicable, the owner or occupant requests in writing a hearing with the Board of Trustees, the Board shall fix a time and place at which a hearing will be held. Notice of the hearing shall be given by personal service or certified mail and require the owner or occupant to appear before the Board to show cause why such condition should not be found to be a nuisance and remedied. The notice shall be given not less than seven nor more than 14 days before the time of the hearing. Upon the date fixed for the hearing and pursuant to the notice, the Board shall hear all objections made by the owner or occupant and shall hear evidence submitted by the Board of Health or designated official. If after consideration of all the evidence, the Board of Trustees finds that the condition is a nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the nuisance at once. If the owner or occupant refuses or neglects to promptly comply with the order to abate and remove the nuisance, the Board may have such work done.

(E) The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the village may either:

(1) Levy and assess the costs and expenses of the work upon the real estate so benefitted as a special assessment in the same manner as other special assessments for improvements are levied and assessed; or

(2) Recover in a civil action the costs and expenses of the work upon the real estate and the adjoining streets and alleys. Statutory reference: Authority to regulate and abate nuisances, see Neb. RS 18-1720 Nuisances prohibited, see Neb. RS 28-1321 Similar provisions, see Neb. RS 17-563 Zoning jurisdiction, Neb. RS 17-1001 Cross reference: Authority to obtain injunction against nuisance, see ' 10.99

' 91.22 ADJOINING LAND OWNERS; INTERVENTION BEFORE TRIAL.

In cases of appeal from an action of the Board of Trustees condemning real property as a nuisance or as dangerous under the police powers of the village, the owners of the adjoining property may intervene in the action at any time before trial. Statutory reference: Similar provisions, see Neb. RS 19-710

' 91.23 DEAD OR DISEASED TREES.

(A) (1) It is hereby declared a nuisance for a property owner to permit, allow, or maintain any dead or diseased trees within the right-of-way of streets within the corporate limits of the village or within its one-mile zoning jurisdiction.

(2) Notice to abate and remove such nuisance and notice of the right to a hearing and the manner in which it may be requested shall be given to each owner or owner's duly authorized agent and to the occupant, if any. The village shall establish the method of notice by ordinance. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the village to appeal the decision to abate or remove the nuisance by filing a written appeal with the office of the Village Clerk. A hearing on the appeal shall be held within 14 days after the filing of the appeal and shall be conducted by an elected or appointed officer as designated in the ordinance. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the village may have the work done to abate and remove the dead or diseased trees. If the owner or occupant of the lot or piece of ground does not request a hearing with the village within five days after receipt of such notice or fails to comply with the order to abate and remove the nuisance, the village may have such work done. The village may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of ground so benefitted as a special assessment. (Neb. RS 17-555)

(B) It is hereby declared a nuisance for a property owner to permit, allow, or maintain any dead or diseased trees on private property within the corporate limits of the village or within its one-mile zoning jurisdiction. The provisions in division (A)(2) shall apply to such nuisances. For the purpose of carrying out the provisions of this section, the village police shall have the authority to enter upon private property to inspect the trees thereon.

' 91.24 WEEDS; LITTER; STAGNANT WATER.

(A) Lots or pieces of ground within the village or within its one-mile zoning jurisdiction shall be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon.

(B) The owner or occupant of any lot or piece of ground within the village or within its one-mile zoning jurisdiction shall keep the lot or piece of ground and the adjoining streets and alleys free of any growth of 12 inches or more in height of weeds, grasses, or worthless vegetation.

(C) The throwing, depositing, or accumulation of litter on any lot or piece of ground within the village or within its one-mile zoning jurisdiction is prohibited.

(D) It is hereby declared to be a nuisance to permit or maintain any growth of 12 inches or more in height of weeds, grasses, or worthless vegetation on any lot or piece of ground within the village or within its one-mile zoning jurisdiction or on the adjoining streets or alleys or to litter or cause litter to be deposited or remain thereon except in proper receptacles.

(E) Any owner or occupant of a lot or piece of ground shall, upon conviction of violating this section, be guilty of an offense.

(F) (1) Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any. The village shall establish the method of notice by ordinance. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the village to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the Village Clerk. A hearing on the appeal shall be held within 14 days after the filing of the appeal and shall be conducted by an elected or appointed officer as designated in the ordinance. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the village may have such work done. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the village or fails to comply with the order to abate and remove the nuisance, the village may have such work done.

(2) The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the village may either:

(a) Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted as a special assessment in the same manner as other special assessments for improvements are levied and assessed; or

(b) Recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.

(G) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

LITTER. Includes but is not limited to:

(a) Trash, rubbish, refuse, garbage, paper, rags, and ashes;

(b) Wood, plaster, cement, brick, or stone building rubble;

(c) Grass, leaves, and worthless vegetation except when used as ground mulch or in a compost pile;

(d) Offal and dead animals; and

(e) Any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk.

WEEDS. Include, but are not limited to: bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial peppergrass (Lepidium draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa), and ragweed (Ambrosiaceae). (Neb. RS 17-563) Penalty, see ' 10.99

' 91.25 GARBAGE AND REFUSE.

(A) The owner, duly authorized agent, or tenant of any lot or land within the corporate limits or zoning jurisdiction of the village shall remove garbage or refuse found upon the lot or land or upon the streets, roads, or alleys abutting the lot or land which constitutes a public nuisance.

(B) Notice that removal of garbage or refuse is necessary shall be given to each owner or owner's duly authorized agent and to the tenant if any. The notice shall be provided by personal service or by certified mail. After providing the notice, the village through its proper offices shall, in addition to other proper remedies, remove the garbage or refuse, or cause it to be removed, from the lot or land and streets, roads, or alleys.

(C) If the Chairperson of the Board of Trustees declares that the accumulation of garbage or refuse upon any lot or land constitutes an immediate nuisance and hazard to public health and safety, the village shall remove the garbage or refuse, or cause it to be removed, from the lot or land within 48 hours after notice by personal service or following receipt of a certified letter in accordance with division (B) of this section if the garbage or refuse has not been removed.

(D) Whenever the village removes any garbage or refuse, or causes it to be removed, from any lot or land pursuant to this section, it shall, after a hearing conducted by the Board of Trustees, assess the cost of the removal against the lot or land. (Neb. RS 18-1752)

CHAPTER 92: PUBLIC WAYS AND PROPERTY

Section

Village Property

92.01 Definitions

92.02 Streets, alleys, walks, malls, and other improvements

92.03 Maintenance and control

92.04 Regulation of obstructions

92.05 Regulation of snow, ice, and other encroachments

92.06 Permitted use of public street space

92.07 Poles, wires, and pipe lines

92.08 Dangerous stairways and entrances

92.09 Excavations and exposures; barricades and lights

92.10 Guttering and eave spouts

92.11 Prohibited obstructions

92.12 Trees in sidewalk space

92.13 Overhanging branches

92.14 Signs and canopies

92.15 Cutting into paving, curb, or sidewalk

92.16 Heavy equipment

Sale and Acquisition of Property; Public Works

92.30 Sale and conveyance; real property

92.31 Sale and conveyance; personal property

92.32 Acquisition or construction of public buildings; election requirements

92.33 Acquisition of real property; appraisal

92.34 Acquisition of real property; public meeting; access for recreational use

92.35 Public works involving architecture or engineering; requirements

92.36 Special assessments for public works or improvements; notice to nonresident property

owners

Sidewalks

92.50 Requirement to keep clean

92.51 Use of space beneath

92.52 Construction at owner's initiative

92.53 Construction and repair at village direction

Streets and Alleys

92.65 Dedication to public use

92.66 Grading, paving, and other improvements

92.67 Improvements without petition or creation of district

92.68 Opening, widening, improving, or vacating

92.69 Vacating public ways; procedure

92.70 Crossings

92.71 Names and numbers

92.72 Driveway approaches

92.73 Excavation

92.74 Driving stakes

92.75 Mixing concrete

92.76 Harmful liquids

92.77 Snow, debris, and the like on street prohibited

VILLAGE PROPERTY

' 92.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OVERSEER OF STREETS. The village official with general charge, direction, and control of streets and sidewalks. If one official is responsible for streets and another official is responsible for sidewalks, OVERSEER OF STREETS shall mean whichever one is appropriate in the context the term is used.

SIDEWALK SPACE. The portion of a street between curb lines and adjacent property lines.

' 92.02 STREETS, ALLEYS, WALKS, MALLS, AND OTHER IMPROVEMENTS.

The Board of Trustees may grade, partially or to an established grade, change grade, curb, recurb, gutter, regutter, pave, gravel, regravel, macadamize, remacadamize, widen, or narrow streets or roadways, resurface or re-lay existing pavement, or otherwise improve any streets, alleys, public grounds, public ways, entirely or partially, and streets which divide the village corporate area and the area adjoining the village; construct or reconstruct pedestrian walks, plazas, malls, landscaping, outdoor sprinkler systems, fountains, decorative water ponds, lighting systems, and permanent facilities; and construct sidewalks and improve the sidewalk space. These projects may be funded at public cost or by the levy of special assessments on the property especially benefitted in proportion to such benefits, except as provided in Neb. RS 19-2428 through 19-2431. The Board of Trustees may by ordinance create paving, repaving, grading, curbing, recurbing, resurfacing, graveling, or improvement districts, to be consecutively numbered, which may include two or more connecting or intersecting streets, alleys, or public ways, and may include two or more of the improvements in one proceeding. All of the improvements which are to be funded by a levy of special assessment on the property especially benefitted shall be ordered as provided in Neb. RS 17-510 to 17-512, except as otherwise provided in Neb. RS 17-509. (Neb. RS 17-509) Statutory reference: Other provisions on improvements, assessments, and bonds, see Neb. RS 17-513 to 17-524, 18-1751, 19-2401, and 19-2408 to 19-2415

' 92.03 MAINTENANCE AND CONTROL.

The Board of Trustees shall have the care, supervision, and control of all public highways, bridges, streets, alleys, public squares, and commons within the village and shall cause the same to be kept open and in repair and free from nuisances. (Neb. RS 17-567)

' 92.04 REGULATION OF OBSTRUCTIONS.

(A) The village may remove all obstructions from the sidewalks, curbstones, gutters, and crosswalks at the expense of the person placing them there or at the expense of the village and require and regulate the planting and protection of shade trees in and along the streets and the trimming and removing of such trees.

(B) The village may regulate the building of bulkheads, cellar and basement ways, stairways, railways, windows, doorways, awnings, hitching posts and rails, lampposts, awning posts, all other structures projecting upon or over and adjoining, and all other excavations through and under the sidewalks in the village. (Neb. RS 17-555)

' 92.05 REGULATION OF SNOW, ICE, AND OTHER ENCROACHMENTS.

(A) The village shall have power to prevent and remove all encroachments, including snow, ice, mud or other obstructions, into and upon all sidewalks, streets, avenues, alleys, and other village property. (Neb. RS 17-557)

(B) If the abutting property owner refuses or neglects, after five days' notice by publication or, in place thereof, personal service of such notice, to remove all encroachments from sidewalks, as provided in division (A), the village through the proper officers may cause such encroachments to be removed, and the cost of removal shall be paid out of the street fund. The Board of Trustees shall assess the cost of the notice and removal of the encroachment against the abutting property as a special assessment. The special assessment shall be known as a special sidewalk assessment and, together with the cost of notice, shall be levied and collected as a special assessment in addition to the general revenue taxes and shall be subject to the same penalties as other special assessments and shall draw interest from the date of the assessment. Upon payment of the assessment, the assessment shall be credited to the street fund. (Neb. RS 17-557.01)

' 92.06 PERMITTED USE OF PUBLIC STREET SPACE.

Any person engaged in the erection, construction, reconstruction, wrecking, or repairing of any building, or the construction or repair of a sidewalk along any street, may occupy the public street space with the building material and equipment as long as is necessary if such person makes application to and receives a permit to do so in writing from the Overseer of Streets. No permit shall authorize the occupancy of more than 1/3 of the roadway of the public space adjacent to the real estate on which the building or sidewalk is to be erected, constructed, reconstructed, wrecked, or repaired. A suitable passageway for pedestrians shall be maintained within the public space included in the permit, which passageway shall be protected and lighted in the manner required by the Overseer of Streets. Penalty, see ' 10.99

' 92.07 POLES, WIRES, AND PIPE LINES.

(A) Poles, wires, conduits, gas mains, pipe lines, and other appurtenances of public service companies shall be located or erected over, upon, or under the streets, alleys, and common grounds of the village. Application for location of such appurtenances shall be made to the Board of Trustees in writing. Approval by the Board shall be issued in writing. Any public service company granted a right-of-way for the erection and maintenance of poles, wires, conduits, gas mains, pipe lines, or other appurtenances shall at all times erect and locate their appurtenances at such places and in such manner as shall be designated by the Board.

(B) All poles, wires, conduits, gas mains, pipe lines, and other appurtenances shall be removed or relocated by the companies at their own expense when requested to do so by the Board. Any such removal or relocation shall be ordered by resolution of the Board, and the Village Clerk shall notify any and all companies affected. The companies shall, within 24 hours after receiving notice, at their own expense, cause the poles, wires, conduits, gas mains, pipe lines, or other appurtenances to be removed or relocated. The Board shall designate another location as closely as possible where the appurtenances may be reset or placed.

(C) All poles, wires, conduits, gas mains, pipe lines, or other appurtenances shall be reset, placed, or erected in such a manner that they will not interfere with the water system; the sewerage system; any poles, wires, conduits, mains, lines, or other appurtenances of any public utility; any adjacent buildings; or travel on the public ways and property. Whenever possible, all poles, wires, conduits, gas mains, pipe lines, and appurtenances shall be confined to the alleys of the village.

' 92.08 DANGEROUS STAIRWAYS AND ENTRANCES.

It shall be unlawful for any person to construct or maintain any stairway, open cellarway, open basement way, or open entrance thereto in or adjacent to any sidewalk, pavement, or street, and any such entrance is hereby declared to be a public nuisance, except that all existing stairways, open cellarways, open basement ways, or open entrances thereto in or adjacent to sidewalks, pavements, or streets may be permitted to remain from and after the adoption of this prohibition if the person owning or using the opening in the sidewalk, pavement, or street satisfies the Overseer of Streets that the opening is properly protected by a balustrade, or coping of durable material, and furnishes the village with a bond in the amount set by the Board of Trustees for the benefit of any person who might suffer an injury or damage by reason of the use of the stairway, cellarway, basement way, or entrance.

' 92.09 EXCAVATIONS AND EXPOSURES; BARRICADES AND LIGHTS.

Any owner or occupant engaged in construction or demolition of any building or improvement upon or near the public ways and property shall protect all excavations or exposures of any kind by suitable barricades or guards by day and by warning lights at night. The failure, neglect, or refusal of the owner or occupant to erect and maintain such protections shall constitute a violation of this section, and the village may stop all work upon the buildings and improvements until suitable protections are erected and maintained in the required manner.

' 92.10 GUTTERING AND EAVE SPOUTS.

It shall be unlawful for any person to erect or maintain any dwelling house or business building within the limits of the village where the dwelling or building abuts on any sidewalk or street without providing proper guttering and eave spouts to receive the waste waters that collect on the sidewalks and streets. All eave spouts erected on any dwelling house or business building shall be constructed to drain into the alleys or shall be buried beneath the sidewalks and drain into the streets where it is found to be impossible to drain the eave spouts into the alley.

' 92.11 PROHIBITED OBSTRUCTIONS.

(A) It shall be unlawful for any person to obstruct, or encumber, by fences, gates, buildings, structures, or otherwise, any of the streets, alleys, or sidewalks.

(B) The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property permits or suffers to remain on any premises owned or controlled by him or her any hedge, shrubbery, bush, or similar growth within two feet adjacent to the lot line, whether there is a sidewalk abutting or adjoining the premises or not. It shall be the duty of owners and occupants to at all times keep trimmed and pruned all such similar growth.

(C) Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property, or wholly upon the abutting property, and interfering with the use, making, or construction of any public improvement or so that the roots thereof interfere with any utility wire or pipe shall be deemed an obstruction. Such trees and shrubs and their roots may be removed by the village at the expense of the owner of the property upon which the trees or shrubs are partially or wholly located if the owner fails or neglects, after notice, to do so.

(D) When any obstruction described in this section is determined to exist, the village may proceed against the owner or occupant of the property adjacent to the sidewalk space as provided in ' 91.21. Penalty, see ' 10.99

' 92.12 TREES IN SIDEWALK SPACE.

(A) No person shall plant any tree or allow any tree to grow within the sidewalk space without first making a written or verbal application to and receiving a written permit from the Overseer of Streets upon payment of the fee, if any, established by the Board of Trustees.

(B) Any tree planted within the sidewalk space after the adoption of this prohibition shall be deemed to be unlawfully planted and growing and may be determined to be a nuisance. Nothing in this section shall be construed to apply to any trees growing within the sidewalk space prior to the adoption of this prohibition.

(C) When any such tree is determined to be a nuisance, the village may proceed against the owner or occupant of the property adjacent to the sidewalk space as provided in ' 91.21. Penalty, see ' 10.99

' 92.13 OVERHANGING BRANCHES.

(A) The owner or occupant of any lot, piece, or parcel of ground abutting or adjacent to any street or sidewalk over which there extend the branches of trees shall at all times keep the branches or limbs thereof trimmed to the height of at least eight feet above the surface of the walk and at least 14 feet above the surface of the street or to the heights otherwise specified by the Board of Trustees.

(B) Whenever the branches or limbs of any tree extend over streets or sidewalks contrary to such provisions so as to interfere with the lighting of the street from street lights or with the convenience of the public using the street or sidewalk, the village may proceed against the owner or occupant of the property abutting or adjacent to the street or sidewalk as provided in ' 91.21. Penalty, see ' 10.99

' 92.14 SIGNS AND CANOPIES.

(A) No person shall erect or maintain any sign, signboard, poster, or rigid canopy over any street, sidewalk, or alley or on other public property without having first obtained a permit therefor. Permits for signs, signboards, posters, and canopies shall be issued by the Village Clerk, subject to the approval of the Overseer of Streets, upon the payment of the fee, if any, established by the Board of Trustees.

(B) All signs, signboards, posters, and canopies extending over any public sidewalk, street, alley, or other public place must be securely fastened and constructed so that there will be no danger of the them being dislodged by ordinary winds or falling from other causes.

(C) No sign, signboard, poster, or canopy shall be erected or maintained which extends over any public sidewalk, street, alley, or other public place in such a location as to obstruct the view of any traffic light, sign, or signal.

(D) Upon a determination that a sign, signboard, poster, or canopy is in violation of this section, the village may proceed against the owner or occupant of the premises where such the sign, signboard, poster, or canopy is located as provided in ' 91.21. Penalty, see ' 10.99

' 92.15 CUTTING INTO PAVING, CURB, OR SIDEWALK.

(A) It shall be unlawful for any person to cut into any paving, curb, or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the Board of Trustees. Before any person obtains a permit, he or she shall inform the Village Clerk of the place where such cutting is to be done and it shall be the duty of the Overseer of Streets to inspect the proposed place of entry into the paving, sidewalk, or curb.

(B) When cutting into any paving, curb, or sidewalk, it shall be the duty of the party to comply with such rules and regulations as may be prescribed by the Board or the Village Engineer. When the applicant is ready to close the opening made, he or she shall inform the Overseer of Streets, who shall supervise and inspect the materials used and the work done in closing the opening.

(C) It shall be discretionary with the Board to order the Overseer of Streets, under the supervision and inspection of the Village Engineer or the committee of the Board on the streets and alleys, to do the cutting and closing of the paving, curb, or sidewalk and charge the costs thereof to the party who obtained the permit. The Board may consent to the cutting and closing of the paving, curb, or sidewalk by the party holding the permit.

(D) Before any permit is issued by the Board, the applicant for the permit shall deposit with the Village Treasurer a sum set by resolution of the Board for all paving, curb, or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the village for the purpose of replacing the paving, curb, or sidewalk in the event the work is done by the village. If the Board elects to require the applicant to replace the paving, curb, or sidewalk, the deposit shall be retained by the village until the work is completed to the satisfaction of the Overseer of Streets or of the committee of the Board on streets and alleys.

(E) In addition to making the deposit, the applicant shall, before any permit is issued, execute a bond to the village with a good and sufficient surety to be approved by the Board in a sum set by resolution.

' 92.16 HEAVY EQUIPMENT.

(A) It shall be unlawful for any person to move or operate heavy equipment across any curb, gutter, bridge, culvert, sidewalk, crosswalk, or crossing on any unpaved street without first having protected such curb, gutter, bridge, culvert, sidewalks, crosswalk, or crossing with heavy plank sufficient in strength to warrant against the breaking or damaging of such curb, gutter, bridge, culvert, sidewalk, crosswalk, or crossing.

(B) Except as provided in ' 71.05, it shall be unlawful to run, drive, move, operate, or convey over or across any paved street a vehicle, machine, or implement with sharp discs or sharp wheels that bear upon the pavement; with wheels having cutting edges; with wheels having lugs, any protruding parts, or bolts thereon that extend beyond a plain tire so as to cut, mark, mar, indent, or otherwise injure or damage any pavement, gutter, or curb, except that where heavy vehicles, structures, and machines move along paved or unpaved streets the village police are hereby authorized and empowered to choose the route over which the moving of such vehicles, structures, or machines will be permitted and allowed.

SALE AND ACQUISITION OF PROPERTY; PUBLIC WORKS

' 92.30 SALE AND CONVEYANCE; REAL PROPERTY.

(A) Except as provided in division (G) of this section, the power of the village to convey any real property owned by it, including land used for park purposes and public squares, except real property used in the operation of public utilities, shall be exercised by resolution, directing the sale at public auction or by sealed bid of that property and the manner and terms thereof, except that the property shall not be sold at public auction or by sealed bid when:

(1) The property is being sold in compliance with the requirements of federal or state grants or programs;

(2) The property is being conveyed to another public agency; or

(3) The property consists of streets and alleys.

(B) The Board of Trustees may establish a minimum price for real property at which bidding shall begin or shall serve as a minimum for a sealed bid.

(C) After the passage of the resolution directing the sale, notice of all proposed sales of property described in division (A) of this section and the terms thereof shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the village.

(D) (1) If within 30 days after the third publication of the notice a remonstrance against the sale is signed by registered voters of the village equal in number to 30% of the registered voters of the village voting at the last regular village election held therein and is filed with the Board of Trustees, that property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the 30-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day.

(2) Upon the receipt of the remonstrance, the Board of Trustees, with the aid and assistance of the Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The Board of Trustees shall deliver the remonstrance to the Election Commissioner or County Clerk by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested.

(3) Upon receipt of the remonstrance, the Election Commissioner or County Clerk shall issue to the Board of Trustees a written receipt that the remonstrance is in the custody of the Election Commissioner or County Clerk. The Election Commissioner or County Clerk shall compare the signature of each person signing the remonstrance with the voter registration records to determine if each signer was a registered voter on or before the date on which the remonstrance was filed with the Board of Trustees. The Election Commissioner or County Clerk shall also compare the signer=s printed name, street and number or voting precinct, and village or post office address with the voter registration records to determine whether the signer was a registered voter. The signature and address shall be presumed to be valid only if the Election Commissioner or County Clerk determines that the printed name, street and number or voting precinct, and village or post office address match the registration records and that the registration was received on or before the date on which the remonstrance was filed with the Board of Trustees. The determinations of the Election Commissioner or County Clerk may be rebutted by any credible evidence which the Board of Trustees finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of the remonstrance, the sufficiency of the remonstrance, and the qualifications of the signer, shall be to prevent fraud, deception, and misrepresentation in the remonstrance process.

(4) Upon completion of the comparison of names and addresses with the voter registration records, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name and address of each signer found not to be a registered voter and the signature page number and line number where the name is found, and if the reason for the invalidity of the signature or address is other than the nonregistration of the signer, the Election Commissioner or County Clerk shall set forth the reason for the invalidity of the signature. If the Election Commissioner or County Clerk determines that a signer has affixed his or her signature more than once to the remonstrance and that only one person is registered by that name, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall count only the earliest dated signature.

(5) The Election Commissioner or County Clerk shall certify to the Board of Trustees the number of valid signatures necessary to constitute a valid remonstrance. The Election Commissioner or County Clerk shall deliver the remonstrance and the certifications to the Board of Trustees within 40 days after the receipt of the remonstrance from the Board of Trustees. The delivery shall be by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. Not more than 20 signatures on one signature page shall be counted.

(6) The Board of Trustees shall, within 30 days after the receipt of the remonstrance and certifications from the Election Commissioner or County Clerk, hold a public hearing to review the remonstrance and certifications and receive testimony regarding them. The Board of Trustees shall, following the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if sufficient valid signatures have been received.

(E) Real estate now owned or hereafter owned by the village may be conveyed without consideration to the state for state armory sites or, if acquired for state armory sites, shall be conveyed strictly in accordance with the conditions of Neb. RS 18-1001 through 18-1006.

(F) Following passage of the resolution directing a sale, publishing of the notice of the proposed sale, and passing of the 30-day right-of-remonstrance period, the property shall then be sold. The sale shall be confirmed by passage of an ordinance stating the name of the purchaser and terms of the sale. (Neb. RS 17-503)

(G) Divisions (A) through (F) of this section shall not apply to the sale of real property if the authorizing resolution directs the sale of real property, the total fair market value of which is less than $5,000. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the village for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required. (Neb. RS 17-503.01)

' 92.31 SALE AND CONVEYANCE; PERSONAL PROPERTY.

(A) The power of the village to convey any personal property owned by it shall be exercised by resolution directing the sale and the manner and terms of the sale. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the village for a period of not less than seven days prior to the sale of the property. If the fair market value of the property is greater than $5,000, notice of the sale shall also be published once in a legal newspaper published in or of general circulation in the village at least seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale.

(B) Personal property may be conveyed notwithstanding the procedure in division (A) of this section when:

(1) Such property is being sold in compliance with the requirements of federal or state grants or programs; or

(2) Such property is being conveyed to another public agency. (Neb. RS 17-503.02)

' 92.32 ACQUISITION OR CONSTRUCTION OF PUBLIC BUILDINGS; ELECTION

REQUIREMENTS.

(A) The village is authorized and empowered to purchase, accept by gift or devise, purchase real estate upon which to erect, and erect a building or buildings for an auditorium, fire station, village building, or community house for housing village enterprises and social and recreation purposes, and other public buildings, including the construction of buildings authorized to be constructed by Neb. RS Chapter 72, article 14, and including construction of buildings to be leased in whole or in part by the village to any other political or governmental subdivision of the state authorized by law to lease such buildings, and maintain, manage, and operate the same for the benefit of the inhabitants of the village.

(B) Except as provided in division (C) of this section, before any such purchase can be made or building erected, the question shall be submitted to the electors of the village at a general village election or at an election duly called for that purpose, or as set forth in division (D) of this section, and be adopted by a majority of the electors voting on such question. (Neb. RS 17-953)

(C) If the funds to be used to finance the purchase or construction of a building pursuant to this section are available other than through a bond issue, then either:

(1) Notice of the proposed purchase or construction shall be published in a newspaper of general circulation in the village and no election shall be required to approve the purchase or construction unless within 30 days after the publication of the notice, a remonstrance against the purchase or construction is signed by registered voters of the village equal in number to 15% of the registered voters of the village voting at the last regular village election held therein and is filed with the Board of Trustees. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the 30-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day. If a remonstrance with the necessary number of qualified signatures is timely filed, the question shall be submitted to the voters of the village at a general village election or a special election duly called for that purpose. If the purchase or construction is not approved, the property involved shall not then, nor within one year following the election, be purchased or constructed; or

(2) The Board of Trustees may proceed without providing the notice and right of remonstrance required in division (C)(1) of this section if the property can be purchased below the fair market value as determined by an appraisal, there is a willing seller, and the purchase price is less than $25,000. The purchase shall be approved by the Board of Trustees after notice and public hearing as provided in ' 92.34. (Neb. RS 17-953.01)

(D) (1) The Board of Trustees adopting the proposition to make such purchase or erect such building or buildings for the purposes set forth in division (A) of this section shall have the power to borrow money and pledge the property and credit of the village upon its negotiable bonds. No such bonds shall be issued until after the same have been authorized by a majority vote of the electors voting on the proposition of their issuance, at a general village election or at a special election called for the submission of such proposition. The question of such purchase or erection of such a building or buildings, as set forth in division (A) of this section, and the question of the issuance of the negotiable bonds referred to in this division may be submitted as one question at a general village or special election if so ordered by resolution or ordinance.

(2) Notice of the time and place of the election shall be given by publication in some legal newspaper printed in or of general circulation in the village three successive weeks immediately prior thereto.

(3) No such election for the issuance of such bonds shall be called until a petition therefor signed by at least 10% of the legal voters of the village has been presented to the Board of Trustees. The number of voters voting at the last regular village election prior to the presenting of the petition shall be deemed the number of votes in the village for the purpose of determining the sufficiency of the petition.

(4) The question of bond issues for such purpose in the village when defeated shall not be resubmitted for six months from and after the date of such election.

(5) When the building to be constructed is to be used by the state or its agency or agencies under a lease authorized by Neb. RS Chapter 72, article 14, or the building is to be leased by any other political or governmental subdivision of the state, when the combined area of the building to be leased by the state or its agency or agencies and the political or governmental subdivision of the state is more than 50% of the area of the building, and when such sum does not exceed $2,000,000, then no such vote of the electors will be required. (Neb. RS 17-954)

' 92.33 ACQUISITION OF REAL PROPERTY; APPRAISAL.

Notwithstanding any other provision of law, the village shall not purchase, lease-purchase, or acquire for consideration real property having an estimated value of $100,000 or more unless an appraisal of such property has been performed by a certified real property appraiser. (Neb. RS 13-403)

' 92.34 ACQUISITION OF REAL PROPERTY; PUBLIC MEETING; ACCESS FOR

RECREATIONAL USE.

(A) The village shall acquire an interest in real property by purchase or eminent domain only after the Board of Trustees has authorized the acquisition by action taken in a public meeting after notice and public hearing.

(B) The village shall provide to the public a right of access for recreational use to real property acquired for public recreational purposes. Such access shall be at designated access points and shall be equal to the right of access for recreational use held by adjacent landowners. The right of access granted to the public for recreational use shall meet or exceed such right held by a private landowner adjacent to the real property. (Neb. RS 18-1755)

' 92.35 PUBLIC WORKS INVOLVING ARCHITECTURE OR ENGINEERING;

REQUIREMENTS.

(A) (1) Except as otherwise provided in this section and Neb. RS 81-3449 and 81-3453, the village shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications, and estimates have been prepared and the construction has been observed by an architect, a professional engineer, or a person under the direct supervision of an architect, professional engineer, or those under the direct supervision of an architect or professional engineer.

(2) This division (A) shall not apply to any public work in which the contemplated expenditure for the complete project does not exceed $100,000 or the adjusted dollar amount set by the Board of Engineers and Architects. (Neb. RS 81-3445)

(B) The provisions of division (A) of this section regulating the practice of architecture do not apply to the following activities or the other activities specified in Neb. RS 81-3449:

(1) Any alteration, renovation, or remodeling of a building if the alteration, renovation, or remodeling does not affect architectural or engineering safety features of the building;

(2) A public service provider who employs a design professional performing professional services for itself;

(3) The practice of any other certified trade or legally recognized profession;

(4) Earthmoving and related work associated with soil and water conservation practices performed any land owned by the village that is not subject to a permit from the Department of Natural Resources; and

(5) The work of employees and agents of the village performing, in accordance with other requirements of law, their customary duties in the administration and enforcement of codes, permit programs, and land-use regulations and their customary duties in utility and public works construction, operation, and maintenance. (Neb. RS 81-3449)

(C) The provisions of division (A) of this section regulating the practice of engineering do not apply to the following activities, the activities specified in division (B) of this section, or the other activities specified in Neb. RS 81-3453:

(1) Those services ordinarily performed by subordinates under direct supervision of a professional engineer or those commonly designated as locomotive, stationary, marine operating engineers, power plant operating engineers, or manufacturers who supervise the operation of or operate machinery or equipment or who supervise construction within their own plant; and

(2) The construction of water wells as defined in Neb. RS 46-1212, the installation of pumps and pumping equipment into water wells, and the decommissioning of water wells, unless such construction, installation, or decommissioning is required by the village to be designed or supervised by an engineer or unless legal requirements are imposed upon the village as a part of a public water supply; (Neb. RS 81-3453)

(D) For the purpose of this section, the village is considered a public service provider if it employs or appoints an architect or a professional engineer to be in responsible charge of the village=s architectural or engineering work. (Neb. RS 81-3423)

' 92.36 SPECIAL ASSESSMENTS FOR PUBLIC WORKS OR IMPROVEMENTS; NOTICE

TO

NONRESIDENT PROPERTY OWNERS.

(A) Before any political subdivision or special taxing district for public works or public improvements shall be formed, and before the village or any political subdivision or special taxing district may impose any special assessment for public works or public improvements, a copy of any notice required to be published by law shall be mailed to the last-known address of all nonresident property owners as shown on the current tax rolls at the time such notice is first published. (Neb. RS 13-310)

(B) The Village Clerk or any other person upon whom the duty is imposed by law to publish notice required by law in regard to the formation of a special taxing district for public works or public improvements shall mail by certified mail with return receipt requested a copy of the published notice in regard to the formation of any special taxing district within the village to the last-known address as shown on the current tax rolls of each nonresident property owner. (Neb. RS 13-311)

(C) The Village Clerk or any other person upon whom the duty is imposed by law to publish notice required by law in regard to any special assessment by a special taxing district shall mail by certified mail with return receipt requested a copy of such notice to be published to the last-known address as shown on the current tax rolls of each nonresident property owner. (Neb. RS 13-312)

(D) The failure of the Village Clerk any other person upon whom the duty is imposed by law to mail a copy of a published notice as provided in this section shall invalidate the assessment against the property involved while permitting all other assessments and procedures to be lawful. (Neb. RS 13-313)

(E) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

NONRESIDENT PROPERTY OWNER. Any person or corporation whose residence and mailing address as shown on the current tax rolls is outside the boundaries of the county and who is a record owner of property within the boundaries of the village, special assessment district, or taxing district involved. (Neb. RS 13-314)

SIDEWALKS

' 92.50 REQUIREMENT TO KEEP CLEAN.

It shall be unlawful for the occupant of any lot or lots or the owner of any vacant lot or lots within the corporate limits to allow snow, sleet, mud, ice, or other substance to accumulate on the sidewalks or to permit any snow, sleet, ice, mud, or other substance to remain upon the sidewalk. Unless the Board of Trustees has provided otherwise, all sidewalks within the business district shall be cleaned within five hours after the cessation of a storm, unless the storm or fall of snow shall have taken place during the night, in which case the sidewalk shall be cleaned before 9:00 a.m. the following day, and sidewalks within the residential areas of the village shall be cleaned within 24 hours after the cessation of the storm. Penalty, see ' 10.99

' 92.51 USE OF SPACE BENEATH.

No person shall be allowed to keep or use the space beneath the sidewalk lying between lot line and curb line unless a permit has been obtained from the Board of Trustees. Before any permit is granted, the applicant shall submit plans and specifications of any present or proposed construction to the Village Engineer. If the plans or specifications are disapproved by the Engineer, no permit shall be granted. All permits hereafter granted shall continue only upon the condition that the party receiving them builds, maintains, and keeps in repair a sidewalk over the space used or constructed to be used and pays all damages that may be sustained by any person by reason of such use or by reason of the sidewalk being defective or in a dangerous condition. As a condition precedent to the issuance or continuance of any permit for the use of any space underneath the village sidewalks as contemplated in this section, the Board of Trustees may require the applicant to furnish a bond to the village as obligee for the benefit of any person who may suffer an injury or damage by reason of such use. The bond shall be in such sum as the Board of Trustees, in its discretion, may designate. Penalty, see ' 10.99

' 92.52 CONSTRUCTION AT OWNER'S INITIATIVE.

(A) Any person desiring to construct, or cause to be constructed, any sidewalk shall do so only as provided in this section. It shall be unlawful for any person to construct any sidewalk without first having obtained a permit.

(B) The owner shall make application in writing for a permit and file such application in the office of the Village Clerk. The permit shall give a description of the lot or piece of land along which the sidewalk is to be constructed. The Overseer of Streets shall issue the desired permit unless good cause appears why the permit should be denied, except that if it is desired to construct the sidewalk at any other than the regularly prescribed location, grade, or elevation, the Overseer of Streets shall submit the application to the Board of Trustees for determination as to whether the permit should be granted or denied. It shall be unlawful for any person to construct, or cause to be constructed, such sidewalk at any other location, grade, or elevation than so designated by the village. All sidewalks shall be built and constructed on the established grade or elevation, and if there is no established grade, then on the grade or elevation indicated by the Overseer of Streets.

' 92.53 CONSTRUCTION AND REPAIR AT VILLAGE DIRECTION.

(A) (1) The Board of Trustees may construct and repair sidewalks or cause the construction and repair of sidewalks in such manner as the Board of Trustees deems necessary and assess the expense thereof on the property in front of which such construction or repairs are made, after having given notice:

(a) By publication in one issue of a legal newspaper of general circulation in the village; and

(b) By either causing a written notice to be served upon the occupant in possession of the property involved or to be posted upon such premises ten days prior to the commencement of such construction or repair.

(2) The powers conferred under this section are in addition to those provided in Neb. RS 17-509 to 17-521 and may be exercised without creating an improvement district.

(3) If the owner of any property abutting any street or avenue or part thereof fails to construct or repair any sidewalk in front of the owner's property within the time and in the manner as directed and requested by the Board of Trustees, after having received due notice to do so, the Board of Trustees may cause the sidewalk to be constructed or repaired and may assess the cost thereof against the property. (Neb. RS 17-522)

(B) All sidewalks shall be constructed and repaired in conformity with such plans and specifications as may be approved by the Board of Trustees.

(C) Assessments made under the provisions of this section shall be made and assessed in the following manner:

(1) Such assessment shall be made by the Board of Trustees at a special meeting, by a resolution, taking into account the benefits derived or injuries sustained in consequence of such improvements, and the amount charged against the same, which, with the vote thereon by yeas and nays, shall be spread at length upon the minutes; and notice of the time of holding such meeting and the purpose for which it is to be held, shall be published in some newspaper published or of general circulation in the village at least four weeks before the same shall be held or, in lieu thereof, personal service may be had upon persons owning or occupying property to be assessed; and

(2) All such assessments shall be known as special assessments for improvements and shall be levied and collected as a separate tax, in addition to the taxes for general revenue purposes, and shall be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other village taxes. (Neb. RS 17-524) Statutory reference: Authority to improve through sidewalk district, see Neb. RS 19-2417 through 19-2419

STREETS AND ALLEYS

' 92.65 DEDICATION TO PUBLIC USE.

No street or alley which shall hereafter be dedicated to public use, by the proprietor of ground in the village, shall be deemed a public street or alley, or be under the use or control of the Board of Trustees, unless the dedication shall be accepted and confirmed by an ordinance especially passed for such purpose. (Neb. RS 17-567)

' 92.66 GRADING, PAVING, AND OTHER IMPROVEMENTS.

The village has the power to provide for the grading and repair of any street, avenue, or alley and the construction of bridges, culverts, and sewers. No street, avenue, or alley shall be graded unless the grading is ordered to be done by the affirmative vote of 2/3 of the Board of Trustees. (Neb. RS 17-508) Cross reference: Other provisions on grading and paving, see ' 92.02 Statutory reference: Acquisition of additional land or easement, see Neb. RS 18-1705 Boundary street with county or another municipality, see Neb. RS 18-2005 Limited street improvement districts, see Neb. RS 19-2416

' 92.67 IMPROVEMENTS WITHOUT PETITION OR CREATION OF DISTRICT.

(A) The village may, without petition or creating a street improvement district, grade, curb, gutter, and pave:

(1) Any portion of a street otherwise paved so as to make one continuous paved street, but the portion to be so improved shall not exceed two blocks, including intersections, or 1,325 feet, whichever is the lesser;

(2) Any unpaved street or alley which intersects a paved street for a distance of not to exceed one block on either side of that paved street; and

(3) Any side street or alley within its corporate limits connecting with a major traffic street for a distance not to exceed one block from that major traffic street.

(B) Those improvements may be performed upon any portion of a street or alley or any unpaved street or alley not previously improved to meet or exceed the minimum standards for pavement set by the village for its paved streets.

(C) In order to defray the costs and expenses of these improvements, the Board of Trustees may levy and collect special taxes and assessments or issue paving bonds as provided in Neb. RS 18-2003. (Neb. RS 18-2001 through 18-2004)

' 92.68 OPENING, WIDENING, IMPROVING, OR VACATING.

(A) (1) The village shall have power to open, widen, or otherwise improve or vacate any street, avenue, alley, or lane within the limits of the village and also to create, open, and improve any new street, avenue, alley, or lane. All damages sustained by the citizens of the village, or by the owners of the property therein, shall be ascertained in that manner as shall be provided by ordinance.

(2) Whenever any street, avenue, alley, or lane is vacated, the same shall revert to the owners of the abutting real estate, 1/2 on each side thereof, and become a part of that property, unless the village reserves title in the ordinance vacating such street or alley. If title is retained by the village, such property may be sold, conveyed, exchanged, or leased upon such terms and conditions as shall be deemed in the best interests of the village.

(3) When a portion of a street, avenue, alley, or lane is vacated only on one side of the center thereof, the title to the land shall vest in the owner of the abutting property and become a part of that property, unless the village reserves title in the ordinance vacating a portion of such street or alley. If title is retained by the village, such property may be sold, conveyed, exchanged, or leased upon such terms and conditions as shall be deemed in the best interests of the village.

(4) When the village vacates all or any portion of a street, avenue, alley, or lane, the village shall, within 30 days after the effective date of the vacation, file a certified copy of the vacating ordinance with the Register of Deeds for the county in which the vacated property is located to be indexed against all affected lots.

(5) The title to property vacated pursuant to this section shall be subject to the following:

(a) There is reserved to the village the right to maintain, operate, repair, and renew public utilities existing at the time title to the property is vacated there; and

(b) There is reserved to the village, any public utilities, and any cable television systems the right to maintain, repair, renew, and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines, and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on, or below the surface of the ground that are existing as valid easements at the time title to the property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times. (Neb. RS 17-558)

(B) The village shall have power to create, open, widen, or extend any street, avenue, alley, off-street parking area, or other public way, or annul, vacate, or discontinue the same. (Neb. RS 17-559)

' 92.69 VACATING PUBLIC WAYS; PROCEDURE.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SPECIAL DAMAGES. Only those losses or damages or injuries which a property owner suffers that are peculiar or special or unique to his or her property and which result from the Board of Trustees vacating a street, avenue, alley, lane, or similar public way. SPECIAL DAMAGES shall not mean those losses or damages or injuries that a property owner suffers that are in common with the rest of the village or public at large, even though those losses or damages or injuries suffered by the property owner are greater in degree than the rest of the village or public at large.

(B) Whenever the Board of Trustees decides that it would be in the best interests of the village to vacate a street, avenue, alley, lane, or similar public way, the Board of Trustees shall comply with the following procedure.

(1) Notice. Notice shall be given to all abutting property owners either by first class mail to their last known address or if there is no known address then by publishing the notice in a newspaper that is of general circulation in the village. The content of the notice shall advise the abutting property owners that the Board of Trustees will consider vacating that street, avenue, alley, lane, or similar public way at its next regular meeting, or, if a special meeting is scheduled for the discussion, then the date, time, and place of that meeting.

(2) Consent; waiver. The Board of Trustees may have all the abutting property owners sign a form stating that they consent to the action being taken by the Board of Trustees and waive their right of access. The signing of this form shall have no effect on claims for special damages by the abutting property owners but shall create the presumption that the Board of Trustees= action was proper. If the abutting property owners do not sign the consent/waiver form, the Board of Trustees may still proceed with vacating the street, avenue, alley, lane, or similar public way under the authority granted by Neb. RS 17-558 and 17-559.

(3) Ordinance. The Board of Trustees shall pass an ordinance that includes essentially the following provisions:

(a) A declaration that the action is expedient for the public good or in the best interests of the village;

(b) A statement that the village will have an easement for maintaining all utilities; and

(c) A method or procedure for ascertaining special damages to abutting property owners.

(C) The Chairperson shall appoint three or five or seven disinterested residents of the village to a special commission to ascertain the amount of special damages that the abutting property owners are entitled to receive and which resulted from the Board of Trustees vacating the street, avenue, alley, lane, or similar public way. The appointees of the special commission shall be approved by the Board of Trustees. Only special damages shall be awarded to the abutting property owners.

(D) In determining the amount of compensation to award the abutting property owners as special damages, the commission shall use the following rule:

An abutting property owner is entitled to recover as compensation the difference between the value of the property immediately before and immediately after the vacating of the street, avenue, alley, lane, or similar public way. If no difference in value exists, the abutting property owner is entitled to no compensation.

' 92.70 CROSSINGS.

The Board of Trustees may order and cause to be constructed, under the supervision of the Overseer of Streets, those street, avenue, and alley crossings as the Board of Trustees deems necessary. When a petition for the construction of any such crossings is filed by an interested resident in the office of the Village Clerk, the Village Clerk shall refer the application to the Overseer of Streets, who shall investigate and make a recommendation to the Board of Trustees. Action by the Board of Trustees on the application, whether the application is approved or rejected, shall be considered final.

' 92.71 NAMES AND NUMBERS.

The Board of Trustees may at any time, by ordinance, rename any street or provide a name for any new street. Buildings used for residence or business purposes and located along those streets shall retain those numbers as the Board of Trustees may require. It shall be the duty of the Overseer of Streets, upon the erection of any new building, to assign the proper numbers to the building and give notice to the owner and occupant of the same. Penalty, see ' 10.99

' 92.72 DRIVEWAY APPROACHES.

(A) The Overseer of Streets may require the owner of property served by a driveway approach constructed or maintained upon the street right-of-way to repair or replace any such driveway approach which is cracked, broken, or otherwise deteriorated to the extent that it is causing or is likely to cause damage to or interfere with any street structure, including pavement or sidewalks.

(B) The Village Clerk shall give the property owner notice by registered letter or certified mail, directed to the last known address of the owner or the agent of the owner, directing the repair or replacement of the driveway approach. If within 30 days of mailing the notice the property owner fails or neglects to cause the repairs or replacements to be made, the Overseer of Streets may cause the work to be done and assess the cost upon the property served by the approach. (Neb. RS 18-1748) Penalty, see ' 10.99

' 92.73 EXCAVATION.

It shall be unlawful for any person to make an excavation in any street or streets for any purpose whatsoever unless a written permit is issued by the Overseer of Streets authorizing those excavations. Penalty, see ' 10.99

' 92.74 DRIVING STAKES.

It shall be unlawful for any person to drive any peg or stake of any kind into the pavement in any street or alley without first procuring the written consent of the Overseer of Streets. Penalty, see ' 10.99

' 92.75 MIXING CONCRETE.

It shall be unlawful for any person to mix any concrete or plastering material directly on the street pavement for any reason whatsoever. Penalty, see ' 10.99

' 92.76 HARMFUL LIQUIDS.

It shall be unlawful for any person to place or permit to leak in the gutter of any street any waste gasoline, kerosene, or high lubricating oils, which damage or act as a solvent upon the streets. Penalty, see ' 10.99

' 92.77 SNOW, DEBRIS, AND THE LIKE ON STREET PROHIBITED.

It shall be unlawful to place, push, or deposit snow, sleet, ice, or mud, or any debris, including leaves, grass, and branches, from private property onto the streets of the village. Penalty, see ' 10.99 Statutory reference: Authority to regulate, see Neb. RS 17-557

CHAPTER 93: ANIMALS

Section

General Provisions

93.01 Definitions

93.02 Running at large; tethering

93.03 Wild animals

93.04 Killing, poisoning, and injuring

93.05 Enclosures

93.06 Abandonment, neglect, and mistreatment

93.07 Equine; bovine; prohibited acts

93.08 Impoundment

93.09 Officer's compensation

93.10 Interference with police

Rabies

93.20 Definitions

93.21 Vaccination required; cost; exemptions

93.22 Seizure by authority; confinement by owner; testing

93.23 Domestic animal bitten by rabid animal

93.24 Animal pound; impoundment; release; fees

93.25 Proclamation of danger

93.26 Enforcement

Dogs

93.40 License and tax required; exemption; tags

93.41 Collar or harness required

93.42 Removal of collar, harness, or tags

93.43 Liability of owner

93.44 Barking and chasing; complaints

93.45 Dangerous dogs

GENERAL PROVISIONS

' 93.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANIMAL. Any vertebrate member of the animal kingdom other than an uncaptured wild creature.

ANIMAL CONTROL OFFICER. Any person authorized by law or employed or appointed for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing, control, seizure, or impoundment of animals.

OWNER. Any person who owns, possesses, keeps, harbors, or has charge, custody, or control of an animal or permits an animal to habitually remain or be lodged or fed within his or her house, store, building, enclosure, yard, lot, grounds, or premises. OWNER does not include any veterinarian or kennel operator temporarily maintaining on his or her premises an animal owned by another person for not more than 30 days.

RUN AT LARGE. Not being under the actual control of the owner by means of:

(a) A leash, cord, chain, or other suitable means of physical restraint which is securely fastened or tethered in a manner sufficient to keep the animal on the premises where tethered;

(b) A leash, cord, chain, or other suitable means of physical restraint of six feet or less in length physically held by the owner;

(c) Being confined within a cage, receptacle, enclosed vehicle, fenced enclosure, or shelter; or

(d) Being within the real property limits of the owner and in the owner's presence and under direct and effective voice or other control.

' 93.02 RUNNING AT LARGE; TETHERING.

(A) It shall be unlawful for the owner of any cow, hog, horse, mule, sheep, goat, dog, chicken, turkey, goose, or other animal except a cat to permit the animal to run at large at any time on any of the public ways and property or the property of another in the village or to be tethered or staked out in such a manner so as to allow the animal to reach or pass into any public way or property or any property of another.

(B) The owner of a cat may permit the cat to run at large within the corporate limits subject to any restrictions or prohibitions otherwise imposed by the Board of Trustees.

(C) Any animal found running at large or tethered or staked out in violation of this section is a public nuisance and may be impounded or destroyed as provided in this chapter.

(D) Nothing in this section shall be construed to permit anyone to own an animal in the corporate limits of the village that is prohibited by the Board of Trustees. Penalty, see ' 10.99 Statutory reference: Authority to regulate, see Neb. RS 17-526 and 17-547 Fine for permitting collarless dog to run at large, see Neb. RS 54-607

' 93.03 WILD ANIMALS.

No wild animals may be kept within the corporate limits except wild animals kept for exhibition purposes by circuses and educational institutions. Penalty, see ' 10.99

' 93.04 KILLING, POISONING, AND INJURING.

It shall be unlawful for any person to kill, administer or cause to be administered poison of any sort to, or in any manner injure, maim, or destroy or attempt to injure, maim, or destroy any animal or to place any poison or poisoned food where it is accessible to an animal, except that:

(A) This section shall not apply to any law enforcement officer or animal control officer acting within his or her power and duty;

(B) This section shall not apply if the animal is vicious, dangerous, or showing characteristics of rabies and cannot be captured without danger to the persons attempting to effect a capture of the animal; and

(C) Any owner of a dog that he or she wishes to be destroyed may place the dog in an animal pound or shelter or with a licensed veterinarian to be humanely destroyed and disposed of according to the provisions in this chapter or other provisions of law. Penalty, see ' 10.99

' 93.05 ENCLOSURES.

All pens, cages, sheds, yards, or any other area or enclosure for the confinement or animals not specifically barred within the corporate limits shall be kept in a clean and orderly manner so as not to become a menace or nuisance to the neighborhood in which the enclosure is located. Penalty, see ' 10.99

' 93.06 ABANDONMENT, NEGLECT, AND MISTREATMENT.

(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDON. 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.

ANIMAL. Any vertebrate member of the animal kingdom. ANIMAL does not include an uncaptured wild creature or a livestock animal as defined in this section.

BOVINE. A cow, an ox, or a bison.

CRUELLY MISTREAT. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise inflict harm upon any animal.

CRUELLY NEGLECT. 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.

HUMANE KILLING. The destruction of an animal by a method which causes the animal a minimum of pain and suffering.

LAW ENFORCEMENT OFFICER. Any member of the Nebraska State Patrol, any county or deputy sheriff, any member of the police force of the village or any other city or village, or any other public official authorized by the village or any other 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 Neb. RS 81-201 while acting within the authority of the Director of Agriculture.

LIVESTOCK ANIMAL. Any bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds, or poultry.

OWNER OR CUSTODIAN. Any person owning, keeping, possessing, harboring, or knowingly permitting an animal to remain on or about any premises owned or occupied by such person.

POLICE ANIMAL. A horse or dog owned or controlled by the state 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. (Neb. RS 28-1008)

(B) Enforcement powers; immunity.

(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) A law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner or custodian as prescribed in Neb. RS 29-422 to 29-429.

(3) 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. (Neb. RS 28-1012)

(C) Violation.

(1) A person who intentionally, knowingly, or recklessly abandons, cruelly neglects, or cruelly mistreats an animal is guilty of an offense.

(2) 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. (Neb. RS 28-1009) Penalty, see ' 10.99 Statutory reference: Serious illness or injury to animal; death of animal; felony, see Neb. RS 28-1008 and 28-1009 Exemptions, see Neb. RS 28-1013

' 93.07 EQUINE; BOVINE; PROHIBITED ACTS.

(A) (1) No person shall intentionally trip or cause to fall, or lasso or rope the legs of, any equine by any means for the purpose of entertainment, sport, practice, or contest.

(2) The intentional tripping or causing to fall, or lassoing or roping the legs of, any equine by any means for the purpose of entertainment, sport, practice, or contest shall not be considered a commonly accepted practice occurring in conjunction with sanctioned rodeos, animal racing, or pulling contests. (Neb. RS 54-911)

(B) (1) No person shall intentionally trip, cause to fall, or drag any bovine by its tail by any means for the purpose of entertainment, sport, practice, or contest.

(2) The intentional tripping, causing to fall, or dragging of any bovine by its tail by any means for the purpose of entertainment, sport, practice, or contest shall not be considered a commonly accepted practice occurring in conjunction with sanctioned rodeos, animal racing, or pulling contests. (Neb. RS 54-912) Penalty, see ' 10.99 Statutory reference: Livestock Animal Welfare Act, see Neb. RS 54-907 through 54-912

' 93.08 IMPOUNDMENT.

(A) This section shall apply to the impoundment of animals to which ' 93.24 does not apply.

(B) Any animal found in violation of the provisions of this chapter shall be impounded. All impounded domestic animals shall be given proper care, treatment, and maintenance.

(C) Notice of impoundment of all animals, including any significant marks of identification, shall be posted at the pound and at the office of the Village Clerk within 24 hours after impoundment as public notification of impoundment. Notice of the impoundment of any licensed dog shall also be mailed to the owner listed on the license application by regular U.S. mail to the address listed on the application.

(D) Each impounded domestic animal shall be kept and maintained at the pound for a period of not less than five days after public notice has been given unless reclaimed earlier by the owner. The owner may reclaim the animal during the period of impoundment by payment of any general impoundment and daily board fees set by resolution of the Board of Trustees and on file in the office of the Village Clerk, except that in addition, an unusual or other nondomesticated or wild animal shall only be released upon condition that the owner shall immediately remove the animal from the village or destroy it. A diseased animal may be released upon a determination that the health and safely of the public is no longer threatened. The owner of any released animal shall be required to comply with any licensing and rabies vaccination requirements applicable to such animal within 72 hours after release.

(E) If the animal is unclaimed at the end of required waiting period after public notice has been given, the animal control officer may destroy and dispose of the animal in a humane manner in accordance with applicable rules and regulations, except that if in the judgment of the officer a suitable home can be found for the animal, the animal shall be turned over to the person who can provide such home and the new owner shall be required to pay all fees and meet all applicable licensing and vaccinating requirements. The village shall acquire legal title to any unlicensed dog or any other animal impounded in the animal shelter for a period longer than the required waiting period after giving notice. The owner of the animal shall remain liable for payment of the fees established by the Board of Trustees. Statutory reference: Authority to establish pens and pounds, see Neb. RS 17-548 and 71-4408 Authority to impound and sell animals, see Neb. RS 17-526 and 17-547

' 93.09 OFFICER'S COMPENSATION.

If the Board of Trustees so provides, any official appointed or designated to destroy and dispose of animals under the provisions of this chapter shall be paid, in addition to his or her regular salary or other compensation, the sum set by the Board for each animal so destroyed and disposed of. Statutory reference: Authority to compensate keeper of pound, see Neb. RS 17-548

' 93.10 INTERFERENCE WITH POLICE.

It shall be unlawful for any person to hinder, delay, or interfere with any police officer or animal control officer who is performing any duty enjoined upon that person by the provisions of this chapter or to break open, or in any manner directly or indirectly aid, counsel, or advise the breaking open, of the animal shelter, any ambulance wagon, or any other vehicle used for the collecting or conveying of animals to the shelter. Cross reference: Obstructing a peace officer prohibited, see ' 132.05

RABIES

' 93.20 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CAT. A cat which is a household pet.

DEPARTMENT. The state Department of Health and Human Services.

DOMESTIC ANIMAL. Any dog or cat.

HYBRID ANIMAL. Any animal which is the product of the breeding of a domestic dog with a nondomestic canine species.

OWN. To possess, keep, harbor, or have control of, charge of, or custody of a domestic or hybrid animal. This term does not apply to domestic or hybrid animals owned by other persons which are temporarily maintained on the premises of a veterinarian or kennel operator for a period of not more than 30 days.

OWNER. Any person possessing, keeping, harboring, or having charge or control of any domestic or hybrid animal or permitting any domestic animal to habitually be or remain on or be lodged or fed within the person's house, yard, or premises. This term does not apply to veterinarians or kennel operators temporarily maintaining on their premises domestic or hybrid animals owned by other persons for a period of not more than 30 days.

RABIES CONTROL AUTHORITY. Village health and law enforcement officials who shall enforce the provisions of this subchapter relating to the vaccination and impoundment of domestic or hybrid animals. Such public officials shall not be responsible for any accident or disease of a domestic or hybrid animal resulting from the enforcement of such sections.

VACCINATION AGAINST RABIES. The inoculation of a domestic or hybrid animal with a rabies vaccine as approved by the rules and regulations adopted and promulgated by the department. The vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine in the state. (Neb. RS 71-4401)

' 93.21 VACCINATION REQUIRED; COST; EXEMPTIONS.

(A) Every domestic animal in the village shall be vaccinated against rabies with a licensed vaccine and revaccinated at intervals specified by rules and regulations adopted and promulgated by the department. Young domestic animals shall be initially vaccinated at the age specified in the rules and regulations. Unvaccinated domestic animals acquired or moved into the village shall be vaccinated within 30 days after purchase or arrival unless under the age for initial vaccination.

(B) (1) Except as provided in division (B)(3) of this section, every hybrid animal in the village shall be vaccinated against rabies and shall be revaccinated at intervals specified by rules and regulations adopted and promulgated by the department. A young hybrid animal shall be initially vaccinated at the age specified in such rules and regulations. An unvaccinated hybrid animal acquired or moved into the village shall be vaccinated within 30 after purchase or arrival unless under the age for initial vaccination.

(2) The rabies vaccine used to vaccinate a hybrid animal pursuant to this section shall be sold only to licensed veterinarians.

(3) An owner of a hybrid animal in the village prior to the date of development of a licensed vaccine determined scientifically to be reliable in preventing rabies in a hybrid animal shall have one year after such date to comply with this section. (Neb. RS 71-4402)

(C) The cost of rabies vaccination shall be borne by the owner of the domestic or hybrid animal. (Neb. RS 71-4404)

(D) (1) The provisions of this subchapter with respect to vaccination shall not apply to any domestic or hybrid animal owned by a person temporarily remaining within the village for less than 30 days, to any domestic or hybrid animal brought into the village for field trial or show purposes, or to any domestic or hybrid animal brought into the village for hunting purposes for a period of less than 30 days. Such domestic or hybrid animals shall be kept under strict supervision of the owner. It shall be unlawful to bring any domestic or hybrid animal into the village which does not comply with the animal health laws and import rules and regulations of the state which are applicable to domestic or hybrid animals.

(2) Domestic or hybrid animals assigned to a research institution or a similar facility shall be exempt from this subchapter. (Neb. RS 71-4405) Penalty, see ' 10.99

' 93.22 SEIZURE BY AUTHORITY; CONFINEMENT BY OWNER; TESTING.

(A) (1) Any animal which is owned by a person and has bitten any person or caused an abrasion of the skin of any person shall be seized by the rabies control authority for a period of not less than ten days if: (a) The animal is suspected of having rabies, regardless of the species and whether or not the animal has been vaccinated;

(b) The animal is not vaccinated and is a dog, cat, or another animal of a species determined by the department to be a rabid species; or

(c) The animal is of a species which has been determined by the department to be a rabid species not amenable to rabies protection by immunization, whether or not the animal has been vaccinated.

(2) If, after observation and examination by a veterinarian, at the end of the 10-day period the animal shows no clinical signs of rabies, the animal may be released to its owner.

(B) (1) Except as provided in division (B)(2) of this section, whenever any person has been bitten or has an abrasion of the skin caused by an animal owned by another person, which animal has been vaccinated in accordance with ' 93.21, or if such an injury to a person is caused by an owned dog, cat, or other animal determined by the department to be a rabid species amenable to rabies protection by immunization which has been vaccinated, the animal shall be confined by the owner or other responsible person as required by the rabies control authority for a period of at least ten days and shall be observed and examined by a veterinarian at the end of the ten-day period. If no clinical signs of rabies are found by the veterinarian, the animal may be released from confinement.

(2) A vaccinated animal owned by a law enforcement or governmental military agency which bites or causes an abrasion of the skin of any person during training or the performance of the animal's duties may be confined as provided in division (B)(1) of this section. The agency shall maintain ownership of and shall control and supervise the actions of the animal for a period of 15 days following the injury. If during such period the death of the animal occurs for any reason, a veterinarian shall within 24 hours of the death examine the tissues of the animal for clinical signs of rabies.

(C) Any dog, cat, or other animal of a rabid species which has bitten a person or caused an abrasion of the skin of a person and which is unowned or the ownership of which cannot be determined within 72 hours of the time of the bite or abrasion shall be immediately subject to any tests which the department believes are necessary to determine whether the animal is afflicted with rabies. The 72-hour period shall include holidays and weekends and shall not be extended for any reason. The tests required by this subsection may include tests which require the animal to be destroyed. (Neb. RS 71-4406) Penalty, see ' 10.99

' 93.23 DOMESTIC ANIMAL BITTEN BY RABID ANIMAL.

In the case of domestic or hybrid animals known to have been bitten by a rabid animal, the following rules shall apply:

(A) If the bitten or exposed domestic or hybrid animal has not been vaccinated in accordance with ' 93.21, the bitten or exposed domestic or hybrid animal shall be immediately destroyed unless the owner is willing to place the domestic or hybrid animal in strict isolation in a kennel under veterinary supervision for a period of not less than six months; and

(B) If the bitten or exposed domestic or hybrid animal has been vaccinated in accordance with ' 93.21, the domestic or hybrid animal shall be subject to the following procedure:

(1) The domestic or hybrid animal shall be immediately revaccinated and confined for a period of not less than 30 days following vaccination;

(2) If the domestic or hybrid animal is not immediately revaccinated, the domestic or hybrid animal shall be confined in strict isolation in a kennel for a period of not less than six months under the supervision of a veterinarian; or

(3) The domestic or hybrid animal shall be destroyed if the owner does not comply with either division (B)(1) or (2) of this section. (Neb. RS 71-4407) Penalty, see ' 10.99

' 93.24 ANIMAL POUND; IMPOUNDMENT; RELEASE; FEES.

(A) (1) The rabies control authority may authorize an animal pound or pounds or may enter into a cooperative agreement with a licensed veterinarian for the establishment and operation of a pound.

(2) Any dog or hybrid of the family Canidae found outside the owner's premises whose owner does not possess a valid certificate of rabies vaccination and valid rabies vaccination tag for the dog or hybrid of the family Canidae shall be impounded. The rabies control authority may require the impoundment of domestic or hybrid animals other than dogs or hybrid of the family Canidae. All impounded domestic or hybrid animals shall be given proper care, treatment, and maintenance. Each impounded domestic or hybrid animal shall be kept and maintained at the pound for a period of not less than 72 hours unless reclaimed earlier by the owner.

(3) Notice of impoundment of all animals, including any significant marks of identification, shall be posted at the pound as public notification of impoundment. Any unvaccinated domestic or hybrid animal may be reclaimed by its owner during the period of impoundment by payment of prescribed pound fees and by complying with the rabies vaccination requirement of this subchapter within 72 hours of release. Any vaccinated domestic or hybrid animal impounded because its owner has not presented a valid certificate of rabies vaccination and a valid rabies vaccination tag for the domestic or hybrid animal may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release.

(4) At the expiration of impoundment a domestic or hybrid animal may be claimed by payment of established pound fees and by compliance with the rabies vaccination requirement of this subchapter within 72 hours of release. If the domestic or hybrid animal is unclaimed at the end of five days, the authorities may dispose of the domestic or hybrid animal in accordance with applicable laws or rules and regulations. (Neb. RS 71-4408)

(B) Impoundment fees shall be paid by the owner. Fees for impoundment at public facilities shall be established by the rabies control authority. (Neb. RS 71-4411)

' 93.25 PROCLAMATION OF DANGER.

Whenever in its opinion the danger to the public safety from a species of rabid animals is great or imminent, the Board of Trustees shall issue a proclamation ordering all owners of any such species to muzzle the animal or to confine it for a period of not less than 30 days or more than 90 days from the date of the proclamation or until the danger is passed. The animal may be harbored by any good and sufficient means in a house, garage, or yard on the premises on which the owner may reside. Upon issuance of a proclamation, all owners of any such species shall muzzle or confine the animal as provided in this section. Penalty, see ' 10.99

' 93.26 ENFORCEMENT.

(A) When the owner of any domestic or hybrid animal or other animal fails or refuses to comply with ' 93.22 or 93.23, the rabies control authority shall obtain an order for seizure of the animal pursuant to Neb. RS Chapter 29, article 8. (Neb. RS 71-4410)

(B) In the village, all ordinances, codes, or rules and regulations concerning the control of rabies or the vaccination of domestic or hybrid animals against rabies shall be enforced by the village health and law enforcement officials or those other officers with regulatory authority as specified by the Board of Trustees. (Neb. RS 71-4412)

DOGS

' 93.40 LICENSE AND TAX REQUIRED; EXEMPTION; TAGS.

(A) Any owner of a dog over the age of six months within the village shall, within 30 days after acquisition of the dog, acquire a license for the dog annually by or before the May 1 of each year. Licenses shall be issued by the Village Clerk upon payment of a license tax in the amount established by the Board of Trustees, plus the $1.25 fee required under Neb. RS 54-603(3). It shall be unlawful for the owner of a dog to wrongfully and knowingly license an unspayed female dog as a male or spayed female dog if the Board has established different license taxes for such dogs.

(B) The tax shall be delinquent from and after May 10. The owner of any dog brought into or harbored within the corporate limits subsequent to May 1 of any year shall be liable for payment of the dog tax, and such tax shall be delinquent if not paid within ten days thereafter. The license shall not be transferable, and no refund will be allowed in case of death, sale, or other disposition of the licensed dog.

(C) The owner shall state, at the time the application is made and upon printed forms provided for such purpose, his or her name and address and the name, breed, color, and sex of each dog owned by him or her. A certificate of rabies vaccination, effective for the ensuing year of the license, shall be presented when application for a license is made, and no license or tag shall be issued until the certificate is shown.

(D) Every service animal shall be licensed as required by this section, but no license tax shall be charged. Upon the retirement or discontinuance of the animal as a service animal, the owner of the animal shall be liable for the payment of the required license tax. (Neb. RS 54-603)

(E) (1) Upon the payment of the license tax, the Clerk shall issue to the owner of the dog a license certificate and a metallic tag, which shall be valid until April 30 following such licensing. The Clerk shall issue tags of a suitable design that are different in appearance each year.

(2) The metallic tag and the rabies tag shall be properly attached to the collar or harness of the dog. It shall be unlawful for the owner of any dog to permit or allow such dog to wear any licensing identification other than the metallic tag issued by the Clerk.

(3) If a license tag is lost, upon satisfactory evidence that the original tag was issued in accordance with the provisions of this section, the Clerk 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 established by the Board of Trustees for each duplicate or new tag so issued.

(F) All license taxes, fees, and other collections shall be credited to the general fund of the village, except as otherwise provided by Neb. RS 54-603. Penalty, see ' 10.99 Statutory reference: Authority to impose license tax, require rabies certificate, and destroy unlicensed dogs, see Neb. RS 17-526, 54-603, and 71-4412

' 93.41 COLLAR OR HARNESS REQUIRED.

(A) It shall be the duty of every owner of a dog to securely place upon the neck of the dog a good and sufficient collar with a metallic plate thereon. The plate shall be plainly inscribed with the name of the owner. (Neb. RS 54-605)

(B) The owner of a dog may use a harness instead of a collar as long as the harness meets all other requirements of division (A) of this section. Penalty, see ' 10.99

' 93.42 REMOVAL OF COLLAR, HARNESS, OR TAGS.

It shall be unlawful for any person to remove, or cause to be removed, the collar, harness, metallic license tag, or rabies tag from any dog without the consent of the owner of the dog. Penalty, see ' 10.99

' 93.43 LIABILITY OF OWNER.

It shall be unlawful for the owner to allow a dog to injure or destroy any real or personal property of any description belonging to another person. The owner of the dog, in addition to the usual judgment upon conviction, may be made to be liable to the person injured in an amount equal to the value of the damage sustained. Penalty, see ' 10.99 Statutory reference: Authority to guard against injuries or annoyances, see Neb. RS 17-526 Statutory liability for damages, see Neb. RS 54-601, 56-602, and 54-606

' 93.44 BARKING AND CHASING; COMPLAINTS.

(A) It shall be unlawful for the owner to allow a dog to annoy or disturb any neighborhood or person by loud, continued, or frequent barking, howling, or yelping or to habitually bark at or chase pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the village.

(B) Upon the written complaint of two or more affected persons from different households, filed within any 30-day period with the Village Clerk or animal control officer, that any dog owned by the person named in the complaint is an annoyance or disturbance, or otherwise violates the provisions of this section, the village police or animal control officer shall investigate the complaint and, if in his or her opinion the situation warrants, notify the owner to silence and restrain the dog.

(C) The provisions of this section shall not be construed to apply to any village animal shelter. Penalty, see ' 10.99 Statutory reference: Authority to guard against annoyances, see Neb. RS 17-526

' 93.45 DANGEROUS DOGS.

(A) Authorization. This section is enacted pursuant to the general police power, the authorities granted to cities and villages by the Nebraska State Constitution and statutes.

(B) Purpose and intent. The purposes of this section are to promote the public health, safety and general welfare of the citizens of the village. It is intended to be applicable to Adangerous@ dogs, as defined herein, and to regulate dogs that are commonly referred to as Apit bulls@ as defined herein, by ensuring responsible handling by their owners through registration, confinement and liability insurance.

(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANIMAL CONTROL OFFICER. Any person employed or appointed by the village who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of this section.

DANGEROUS DOG.

(a) 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.

(b) The term DANGEROUS DOG includes any dog that according to the records of the Village Clerk, the Village Department of Animal Control or any law enforcement agency:

1. 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 any of the above-referenced authorities;

2. Has severely injured or killed a domestic animal while off the owner=s property; or

3. Has been used primarily or in part for the purpose of dog fighting, or is a dog

trained for dog fighting.

DIRECT CONTROL. Immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience or field event direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.

DIRECTOR. The Chairperson of the Village Board and Department of Animal Control shall consist of the Chairperson of the Village Board, the other Village Board members and the Animal Control Officer.

IMPOUNDMENT. The taking or picking up and confining of an animal by any police officer, animal control officer or any other public officer under the provisions of this section.

MUZZLE. A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

OWNER. Any person, partnership, corporation or other legal entity owning, harboring or keeping any animal, or in the case of a person under the age of 18, that person=s parent or legal guardian. An animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.

PIT BULL DOG. Includes any of the following dogs:

(a) The Staffordshire Bull Terrier breed of dogs;

(b) The American Staffordshire Terrier breed of dogs;

(c) The American Pit Bull Terrier breed of dogs; or

(d) Dogs that have the appearance and characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier or American Staffordshire Terrier.

RUNNING AT LARGE. Any dog found off the premises of the owner, and not under control of the owner, or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint.

SANITARY CONDITION. A condition of good order and cleanliness to minimize the possibility of disease transmission.

UNDER RESTRAINT. That an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person=s commands, or securely enclosed within the real property limits of the owner=s premises.

(D) Procedure for declaring a dog dangerous.

(1) An animal control officer or any adult person may request under oath that a dog be classified as dangerous as defined in division (C) above by submitting a written complaint on a form approved by the Director to the Department of Animal Control. Upon receipt of such complaint, the Director shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.

(2) At the conclusion of an investigation, the Director may:

(a) Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or

(b) Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth in division (H) below, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten business days after a final determination that a dog is dangerous, the Director may cause the dog to be humanely destroyed.

(E) Notification of dangerous dog declaration.

(1) Within five business days after declaring a dog dangerous, the Director shall notify the owner by certified mail or personal service by law enforcement or animal control officer of the dog=s designation as a dangerous dog and any specific restrictions and conditions for keeping the dog, as set forth in division (H) below. The Director also shall notify the Sheriff=s Department of the designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner.

(2) The notice shall inform the dog owner that he or she may request, in writing, a hearing to contest the Director=s finding and designation within five business days after delivery of the dangerous dog declaration notice.

(3) If the Director cannot, with due diligence, locate the owner of a dog that has been seized pursuant to this section, the Director shall cause the dog to be impounded for not less than five business days. If after five days, the owner fails to claim the dog, the Director may cause the dog to be humanely destroyed.

(F) Hearing on dangerous dog declaration.

(1) The Department of Animal Control shall hold a hearing within 15 business days after receiving the dog owner=s written request for such a hearing. The Department shall provide notice of the date, time and location of the hearing to the dog owner by certified mail or personal service by law enforcement or animal control officer and to the complainant by regular mail.

(2) At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog=s dangerousness. Criteria to be considered in a hearing required by this section shall include, but not be limited to, the following:

(a) Provocation;

(b) Severity of attack or injury to a person or domestic animal;

(c) Previous aggressive history of the dog;

(d) Observable behavior of the dog;

(e) Site and circumstances of the incident; and

(f) Statements from interested parties.

(3) A determination at a hearing that the dog is in fact a dangerous dog as defined in division (C) above shall subject the dog and its owner to the provisions of this section.

(4) Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this section.

(G) Appeal from dangerous dog declaration. If the Director determines that a dog is dangerous at the conclusion of a hearing conducted under division (F) above, 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 notice that the dog has been finally declared dangerous. The appeal must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director=s determination of dangerousness.

(H) Keeping of dangerous dogs. The keeping of a dangerous dog as defined in division (C) above 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 four 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.

(a) Except when leashed and muzzled as provided in this division (H), 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.

(b) The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation.

(c) The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:

1. The structure must have secure sides and a secure top, or all sides must be at least

eight feet high;

2. The structure must have a bottom permanently attached to the sides or the sides

must be embedded not less than one foot into the ground; and

3. 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 in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(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 ADANGEROUS DOG@.

(6) Liability insurance, surety bond. The owner of a dangerous dog shall present to the Department of Animal Control proof that he or she has procured liability insurance or a surety bond in the amount of not less than $100,000 covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the village be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminate 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 or she shall maintain and not voluntarily cancel the liability insurance policy during the 12-month period for which a permit is sought, unless he or she ceases to own or keep the dog prior to the expiration date of the permit period. In the event that the owner proves to the satisfaction of the Department of Animal Control that insurance is not available, he or she shall pay a non-refundable cash fee in the amount of $1,000 to the village.

(7) Animals born of registered dogs. All offspring born of dangerous dogs registered with the Department of Animal Control also must be registered with the Department within six weeks of birth.

(8) Notification of escape. The owner or keeper of a dangerous dog shall notify the Department of Animal Control 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.

(9) Failure to comply. It shall be unlawful and a misdemeanor for any owner of a dangerous dog registered with the Department of Animal Control 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 immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this section shall result in the revocation of the dog=s license and the permit providing for the keeping of such animal.

(I) Permit and tag required for a dangerous dog.

(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 Department of Animal Control to harbor the dog. The fee for such permit shall be $20 per year.

(2) At the time the permit is issued, a red dangerous dog tag shall be issued to the owner of the dangerous dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a dangerous dog.

(3) The permit for maintaining a dangerous dog shall be presented to an animal control officer upon demand.

(J) Pit bull dogs presumed dangerous. There shall be an irrefutable presumption that any dog registered with the Department of Animal Control as a pit bull dog is a dangerous dog and is therefore subject to the requirements of this section.

(K) Notification of intent to impound.

(1) When the Director of Animal Control or his or her designee intends to impound a dog declared to be dangerous for violation of division (H) above, he or she shall notify the owner or custodian of the dog, by certified mail or personal service by law enforcement or animal control officer, of the intended impoundment at least five business days prior to the intended impoundment, except as provided in division (L) below.

(2) The notice of intent to impound shall inform the owner or custodian of the dog that he or she may request in writing, within five business days prior to the intended impoundment, a hearing to contest the intended impoundment and finding of violation.

(3) Upon request by the owner or custodian of the dog for a hearing pursuant to division (K)(2) above, a hearing shall be held within ten business days after the request for a hearing. Notice of the date, time and location of the hearing shall be provided by certified mail or personal service by law enforcement or animal control officer to the dog=s owner or custodian requesting such hearing.

(4) If the owner or custodian requests a hearing pursuant to division (K)(2) above, no impoundment shall take place until conclusion of the hearing, except as authorized in division (L) below.

(L) Immediate impoundment.

(1) A dog declared to be dangerous may be immediately impounded without a pre-impoundment hearing when the Director of Animal Control or his or her designee determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of division (C) above or when the dog bites a person or domestic animal.

(2) The owner or custodian of the dog immediately impounded pursuant to division (L)(1) above shall be notified of the impoundment by certified mail or personal service by law enforcement or animal control officer within five business days after the dog=s impoundment.

(3) The notice of impoundment shall inform the owner or custodian of the dog that he or she may request, in writing, a hearing to contest the impoundment within five business days after the mailing of the notice of impoundment.

(4) Upon request by the owner or custodian of the dog for a hearing under division (L)(3) above, a hearing shall be held within ten business days after such request. Notice of the date, time and location of the hearing shall be provided by certified mail or personal service by law enforcement or animal control officer to the dog owner requesting the hearing.

(M) Impoundment hearing.

(1) If after a hearing on impoundment, the Director or his or her designee finds no violation of division (C) above, or that the dog has not bitten an individual, the dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.

(2) Incident to the findings and conclusions made at the impoundment hearing, the Director or his or her designee may impose reasonable restrictions and conditions for the 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 ability to respond in 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 Department of Animal Control in ensuring compliance with this section.

(N) Destruction.

(1) The Director of Animal Control or his or her designee may order the destruction of a dog that it determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual or a dog declared dangerous whose owner is unable or unwilling to adequately restrain it.

(2) The Director or his or her designee shall give written notice by certified mail or personal service by law enforcement or animal control officer of his or her intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within ten business days after delivery of such notice, a hearing to contest the intended destruction.

(3) If no hearing is requested pursuant to division (N)(2) above, the dog shall be destroyed pursuant to applicable provisions of law.

(4) If a hearing is requested pursuant to division (N)(2) above, such hearing shall be held within ten business days after the request; and the dog shall not be destroyed prior to the conclusion of the hearing.

(5) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the village to humanely and safely keep the animal during any legal proceedings.

(O) Appeal from order of humane destruction. If the Director or his or her designee orders a dangerous dog to be humanely destroyed pursuant to division (N) above, 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 notice of the destruction order. If an appeal is timely filed, the Director shall suspend the destruction order pending the final determination of the court. The appeal hearing must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director=s destruction order.

(P) Change of ownership.

(1) Any owner of a dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten business days after such change of ownership or residence, provide written notification to the Department of Animal Control of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog=s classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the Department of Animal Control along with written acknowledgment by the new owner of his or her receipt of such notification. The Director of Animal Control or his or her designee shall notify the Sheriff=s Department of any changes of ownership, custody or residence of the dog within three business days after receiving the required information from the previous dog owner.

(2) Any person receiving a dog classified as dangerous must obtain the required permit, tag and enclosure prior to acquisition of the dog. The new owner shall comply fully with the provisions of this section pertaining with obtaining liability insurance, payment of fees, and maintenance, control and ownership of a dangerous dog.

(Q) Continuation of dangerous dog declaration. Any dog that has been declared dangerous by any agency or department of this village, another municipality, county or state shall be subject to the provisions of this section 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 Department of Animal Control of the dog=s address and conditions of maintenance within ten days of moving the animal into the village. The restrictions and conditions of maintenance of any dog declared dangerous by this village, another municipality, county or state shall remain in force while the dog remains in the village. (Ord. 468, passed 11-14-1989; Ord. 791, passed 4-12-2016) Penalty, see ' 10.99