City Attorney Kari Fisk speaks to the Grand Island City Council about proposed changes in City Code affecting pets, (Carol Bryant, Central Nebraska Today)
GRAND ISLAND – After considerable discussion at the Feb. 13 and Feb. 27 City Council meetings, the Council approved changes to City Code that affect pet owners.
The change that drew the most attention was increasing the length of time that “nuisance owners” can own or reside with any animal or keeping bees within the Grand Island city limits for a period of five years (was two years) from the date of determination.
A pet owner may be declared a nuisance owner upon written request of the Animal Control Authority, Animal Advisory Board, or city of Grand Island law enforcement.
The changes to Chapter 5 of City Code were made for Sections 5-1 (definitions), 5-30 (rabies vaccination), and 5-46 (Nuisance Owner).
In a memo to the Mayor and City Council, Assistant City Attorney Stacy Nonhof said that the Animal Advisory Board met Jan. 24 for its annual meeting. At the meeting, potential changes to several sections of Chapter 5 of City Code were discussed. The Animal Advisory Board’s recommendations for Chapter 5 were made to City Council, which first discussed the proposed changes at the Feb. 13 meeting.
“Section 5-46 (Nuisance Ownership) garnered much discussion, and passage of what is presented to you was not unanimous,” Nonhof wrote. “Once deemed a Nuisance Owner and upon failure by the owner to appeal that deeming or the deeming being upheld by the Animal Advisory Board, the owner will be prohibited from owning any animal within the city limits of Grand Island for a period of five years. That is an increase from two years that was previously in City Code.”
Nonhof said that regarding a Nuisance Owner, “the changes lay out what specifically allows a pet owner to be declared a Nuisance Owner under City Code. Allowing a deemed animal to run at large will now be an automatic Nuisance Owner deeming, along with failing to get the animal microchipped or spayed/neutered within the deeming. Convictions for animal cruelty, animal abandonment, or conviction of an equivalent violation of any State Statute of Nebraska or any other state will make the owner subject to being deemed a Nuisance Owner.”
With the proposed changes to Chapter 5 of City Code, “we’re affecting every pet owner who has a dog,” City Council member Mitch Nickerson said Feb. 27.
Nickerson made a motion Feb. 27 to have the prohibition period range from two to five years, which would be determined by the Animal Advisory Board. The motion failed by a 1-9 vote.
“My concern is the safety of people and kids,” City Council member Mark Stelk said.
Then, the City Council voted 10-0 to approve the suggested changes to Chapter 5 of City Code.
Nickerson suggested that a one-page summary be prepared that could be given to pet owners regarding sections of Chapter 5 of City Code.
In her memo to the City Council, Nonhof wrote that the definitions regarding pets “have been updated to reflect the language of State Statute.” Section 5-30 (rabies vaccination) was updated to say that pet owners “shall provide proof of vaccination upon request.”
In Section 5-1 (Definitions), the following changes were made:
- *Abandon: The definition was changed to delete the word “unreasonable” length of time. So the definition of Abandon is “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 live, member of the Animal Kingdom with the following exceptions: (added) uncaptured wild creatures; or livestock as defined in Nebraska Revised Statute 54-902.
- *Cruelly mistreat: The words “kick, hit, strike in any manner” were added to the definition, which now is “To knowingly and intentionally kill, maim, disfigure, torture, beat, kick, hit, strike in any manner, mutilate, burn, scald, or otherwise inflict harm upon any animal.”
- *Owner: The words “keeping, possessing, harboring, or knowingly permitting an animal to remain on or about any premises owned or occupied by such person.” The definition of owner now is “Any person(s), or legal entity having permanent control of an animal, keeping, possessing, harboring, or knowingly permitting an animal to remain on or about any premises owned or occupied by such person, or housing, feeding, or controlling an animal for more than three (3) days with the following exceptions…”
Section 5-46 had the following changes:
- *”Any owner or custodian in possession of any animal or bee hive regulated by this Chapter may be declared a Nuisance Owner for the following: (added) “The owner of a deemed Potentially Dangerous or Dangerous animal has violated 5-37 of City Code, or The owner of an animal has been convicted of a violation of 5-22 of City Code; the owner of an animal has been convicted of a violation of 5-23 of City Code; or The owner of an animal has been convicted of a violation of any equivalent State Statute of this or any other State.”
- *The words “as laid out in the City Fee Schedule” were deleted. So the point is “The owner will be responsible for payment of all impoundment fees as established by the Animal Control Authority.”
