Animal Control

Welcome to Animal Control
 
 
As a  pet owner, a host of responsibilities come to rest on your shoulders. Are you prepared? How many pets does the City of South Sioux City allow? How often must you vaccinate against rabies?  How, What can you do about a neighbor's barking dog? Please read on for rules and regulation regarding animal inside our city limits.
 
South Sioux City Animal Control Impound Fees:
First Offense:         $30.00
Second Offense:   $60.00
Third Offense:        $90.00
There is also a kennel fee of $5.00 a day.
 
You have five days to claim your animal from the animal control office located on 219 East 26th Street. After five days your animal is subject for adoption. 
 
South Sioux City Animal Control accepts cash only. No checks, please.
 
Barking Dogs:
 
Sec. 38-67.  Unlawful act.
It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise that either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city.
(Ord. No. 94-84, § 2, 11-15-94)
 
Sec. 38-68.  Unnecessary noise standard
 
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article; but this enumeration shall not be deemed to be exclusive, namely:
 
5)   Animals, birds, etc.  The keeping of any animal or bird that by causing frequent or long-continued noise shall disturb the comfort or repose of any persons in the vicinity.
 
Sec. 14-3.  Running at large prohibited; restraint of dogs.
It shall be unlawful for the owner or custodian of any animal to fail to keep such animal under restraint or to permit such animal to run at large upon the streets or public ways of the city.
Any dog, while on a street, sidewalk, public way or in any park, public square or other public space, or upon any private property without the consent of the owner, shall be secured by a leash or chain of sufficient strength to restrain the particular dog.
All such owners or custodians of any animal shall exercise proper care and control of the animal to prevent the same from becoming a public nuisance.
The owner or custodian of any animal who is found guilty of violation of this section shall:
(1)   For the conviction of a first offense, be fined $100.00;
(2)   Upon a second conviction for the same offense within a two-year period, be fined $250.00; and,
(3)   Upon a third or subsequent conviction for the same offense within a two-year period, be fined $500.00.
 
Sec. 14-26.  Limitation on number of animals.
No more than three dogs or three cats shall be allowed in the residence or apartment of the owner or person who has custody of a dog or cat without first obtaining a permit from the city therefore, but such permit in the exercise of sound discretion and for good cause may be refused. If granted under this section, such permit may be conditioned as may be deemed necessary or advisable and as prescribed by the animal control officer to prevent the keeping of any and all such animals from becoming a nuisance. The permit fee shall be $5.00 which shall be paid at the time of making application. Every person required to obtain a permit under the provisions of this section may permit their premises to be inspected, with their consent, by the animal control officer at reasonable times. The licensing and permits, functions and duties shall be performed by the animal control officer. A $50.00 penalty shall be assessed for failure to comply with licensing requirements set forth in this section.
Any person who owned three days or three cats prior to enactment of this section may retain their animals. If for any reason an animal is lost, sold, given away or dies and there still remains in the residence or apartment three or more dogs or three or more cats, there could be no replacement of the lost, sold, given or deceased animal without the permit required herein.
This section shall not apply to dogs or cats belonging to a non-resident of the city and kept within the boundaries of the city for not longer than 30 days; provided that all dogs and cats of non-residents shall at the time of entry into the city be properly vaccinated against rabies, and while kept within the city, meet all other requirements of this chapter. Any owner claiming any this exemption has the burden of proving to the satisfaction of the licensing authority that the dog or cat in question is entitled to such exemption.
The owner or person who has custody of a dog or cat may retain the puppies or kittens borne of said dog or cat exceeding the permissible numbers set forth in this section for 12 weeks after the birth of the animals. If after that time, there are more than three dogs and three cats in any one residence or apartment, the owner or person in custody of the dogs or cats shall be in violation of this section unless they obtain the permit provided herein.
(Ord. No. 2001-22, § 1, 11-26-01)
 
Sec. 14-27.  Licensing of dogs and cats.
(a)   License required.  No person shall own, keep, or harbor any dog or cat over the age of three months within the city unless such dog or act is licensed as provided in this chapter. 
(b)   Application.  Application for such license shall be made by the owner on a form to be provided by the city clerk within ten days after acquiring any dog or cat over three months of age or within ten days after a dog or cat becomes three months of age; provided that any owner moving to the city for the purpose of establishing residence or becoming a resident as a result of any annexation, and otherwise required to obtain a license, shall have until ten days after moving or annexation to obtain such a license. 
(c)   Proof of rabies vaccination required.  All owners applying for a license must show to the satisfaction of the licensing authority that the animal for which the license is being obtained has been inoculated against rabies within the last two years. 
(d)   Proof of sterilization.  Any owner claiming that his dog or cat has been spayed or neutered must show to the satisfaction of the licensing authority that such operation has been performed. 
(e)   Identification chip implant.  All owners applying for a license must have the registered animal permanently implanted with an identification chip as part of the registration process. This identification chip is issued in lieu of a license or identification tag. The owner shall have the option to register their individual animal in the national database of the chip manufacturer. The registration in the national database shall be at the owner's expense. 
(f)   Payment of license fee.  A license fee shall be paid at the time of making application. The license fee for both dogs and cats shall be $25.00 for each altered dog or cat and $35.00 for each unaltered dog or cat. Said license fees shall include the cost of the identification chip, the cost of having the chip implanted in the animal by a licensed veterinarian service and the logging of all pertinent information in the South Sioux City Animal Registration Database. 
(g)   Exemption from license fee.  License fees shall not be required for seeing eye dogs, government police dogs or dogs belonging to a nonresident of the city and kept within the boundaries of the city for not longer than 30 days; provided that all dogs of nonresidents shall at the time of entry into the city be properly vaccinated against rabies, and while kept within the city, meet all other requirements of this chapter. Any owner claiming any of these exemptions has the burden of proving to the satisfaction of the licensing authority that the dog or cat in question is entitled to such exemption. 
(h)   Penalties.  Any owner of a dog or cat over the age of three months who fails to obtain a license within the time period specified in this chapter shall be subject to a fine of $50.00. 
(Ord. No. 2001-24, § 1, 12-10-01; Ord. No. 2008-7, § 1, 5-12-08)

Sec. 14-28.  License chips; identification.

(a)   Upon payment and acceptance of the license fee, the licensing authority shall issue a permanent chip containing the identification number for the animal for which the license has been obtained. The permanent chip must be permanently implanted by a licensed veterinarian. Any chip issued for the keeping of a dog or cat shall take effect on the date of issuance and shall be valid for the life of the animal.
(b)   No person may use a license chip for any animal other than the animal for which the license was issued. It shall be unlawful for any person to remove from any dog or cat the license chip issued pursuant to this section or alter such chip in any manner
 
 
DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS*

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*Editor's note:  Ord. No. 2007-17 § 1, adopted January 14, 2008, repealed former Div. 2, §§ 14-76--14-81, which pertained to dangerous dogs. Section 2 of said ordinance enacted provisions set as a new Div. 2, §§ 14-76--14-89, to read as herein set out. See also Code Comparative Table. 

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Sec. 14-76.  Definitions.

When used in this division, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control officer  means any person employed or appointed by the city who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of this division. 
At large  means that a dog is not under the direct control of the owner. 
Dangerous dog  means that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "dangerous dog" includes any dog that according to the records of the city animal shelter, the city 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 or domestic animal 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 more than once 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.
There shall be an irrefutable presumption that any dog previously declared to be dangerous by any federal, state or local governmental subdivision or agency is a dangerous dog and is therefore subject to the requirements of this division.
Direct control  means 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  means the animal control officer. 
Impoundment  means 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 division. 
Muzzle  means a device constructed of strong, soft materials or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal. 
Pit bull dog  means and includes any of the following dogs: 
(1)   The Staffordshire Bull Terrier breed of dogs.
(2)   The American Staffordshire Terrier breed of dogs.
(3)   The American Pit Bull Terrier breed of dogs.
(4)   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.
Potentially dangerous dog  shall mean: 
(1)   Any dog that when unprovoked:
a.   Inflicts a wound on a human or injures a domestic animal either on public or private property, or
b.   Chases or approaches a person upon streets, sidewalks, or any public grounds in an outward appearance of aggressive or dangerous behavior; or
(2)   Any dog with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals; and,
(3)   There shall be an irrefutable presumption that any pit bull dog is a potentially dangerous dog and is therefore subject to the requirements of this chapter.
Owner  means 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. 
Sanitary condition  means a condition of good order and cleanliness to minimize the possibility of disease transmission. 
Under restraint  means 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. 
(Code 1975, § 6-501; Ord. No. 92-18, § 1, 4-7-92; Ord. No. 2007-17, § 2, 1-14-08)
Cross references:  Definitions generally, § 1-2. 
State law references:  Similar provisions, R.R.S. 1943, § 54-617(3), (6), (7). 

Sec. 14-77.  Dangerous and potentially dangerous dogs; prohibited.

It shall be unlawful for any person after being notified as provided herein to keep or harbor a dangerous or a potentially dangerous dog within the City of South Sioux City without first having complied with the provisions of this division.
(Code 1975, § 6-502; Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-78.  Potentially dangerous dogs; procedure.

Whenever it shall come to the attention of animal control that any person within the City of South Sioux City is keeping or harboring a potentially dangerous dog as defined in this division, the animal control officer shall notify the owner of such animal in writing that such dog must be registered as a potentially dangerous dog within ten days after the receipt of such written notice. Said notice shall be served either in person or by mailing such notice by certified or registered mail.
(Code 1975, § 6-503; Ord. No. 92-18, § 2(6-154), 4-7-92; Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-79.  Registration requirements; potentially dangerous dogs.

(a)   The owner of any potentially dangerous dog shall register such dog with animal control and upon registration shall provide the following:
(1)   The name, address and telephone number of the owner;
(2)   A written acknowledgment that the owner shall notify animal control immediately or when the owner has any knowledge or belief that the dog has bitten or is alleged to have bitten a human being or another animal;
(3)   Written evidence from a licensed veterinarian that the dog is currently neutered or spayed if the dog is over six months of age;
(4)   A written acknowledgment that the owner of said dog shall notify animal control of any change in material recorded as a part of the registration within 24 hours of said change. Changes in materials recorded as part of the registration shall include information that the dog has been sold, given away, or otherwise transferred to any person, and in that event the registered owner shall provide the director with the name, address and telephone number of such person; and,
(5)   A non-refundable registration fee of $25.00, which fee shall be in addition to any other license fee required by this division.
(b)   Upon satisfactory completion of all the requirements of this section, the director shall issue a registration certificate which shall be used to assign the dog a permanent number.
(c)   The registration requirements including the notification requirements acknowledged therein shall be construed as affirmative duties upon the owner, failure of which shall constitute a violation of this section.
(d)   It shall be unlawful for any person registering a dog to falsify or misrepresent material recorded as a part of the registration.
(Code 1975, § 6-504; Ord. No. 92-18, § 2(6-155), (6-156), 4-7-92; Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-80.  Procedure for declaring a dog dangerous.

(a)   An animal control officer or any adult person may request under oath that a dog be classified as dangerous as defined herein by submitting a sworn, written complaint on a form approved by the city administrator. Upon receipt of such complaint, the animal control officer 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.
(b)   At the conclusion of an investigation, the city administrator may:
(1)   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
(2)   Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth herein, 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 city administrator may cause the dog to be humanely destroyed.
(Ord. No. 92-18, § 2(6-157), 4-7-92; Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-81.  Registration requirements; dangerous dogs.

(a)   The owner of any dangerous dog shall register such dog with animal control and upon registration shall provide the following:
(1)   The name, address and telephone number of the owner;
(2)   A written description and representation indicating the owner has and will continue to comply with the confinement provisions of this division;
(3)   Written evidence from a licensed veterinarian that the dog is currently neutered or spayed if the dog is over six months of age;
(4)   A written acknowledgment that the owner shall notify animal control immediately if said dog is known by the owner to be running at large, unconfined, or when the owner has any knowledge or belief that the dog has bitten or is alleged to have bitten a human being or another animal;
(5)   A written acknowledgment that the owner of said dog shall notify animal control of any change in material recorded as a part of the registration within 24 hours of said change. Changes in materials recorded as part of the registration shall include information that the dog has been sold, given away, or otherwise transferred to any other person, and in that event the registered owner shall provide the director with the name, address and telephone number of such person; and,
(6)   A non-refundable yearly registration fee of $65.00, which fee shall be in addition to any other license fee required by this chapter.
(b)   Upon satisfactory completion of all the requirements of this section, the animal control officer shall issue a registration certificate which shall be used to assign the dog a permanent number. At the time of registration, the animal control office shall order the owner to have a microchip inserted in any dangerous dog by a licensed veterinarian within 30 days of the date of registration. The owner shall provide animal control with the animal's microchip number within 30 days of the date of registration. It shall be unlawful for any owner of such dangerous dog to fail to so microchip such dangerous dog as provided herein. It shall be unlawful for any person other than a licensed veterinarian to remove any microchip, or any other marking used for identification.
(c)   The registration requirements including the notification requirements acknowledged therein shall be construed as affirmative duties upon the owner, failure of which shall constitute a violation of this section.
(d)   It shall be unlawful for any person registering a dog to falsify or misrepresent material recorded as a part of the registration.
(Code 1975, § 6-505; Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-82.  Liability insurance, surety bond.

The owner of a dangerous dog shall present to the department of animal control proof that he has procured liability insurance or a surety bond in the amount of not less than $250,000.00 covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the city be notified immediately by the agent issuing the policy in the event that the insurance policy is cancelled, terminated or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the 12-month period for which a permit is sought, unless he ceases to own or keep the dog prior to the expiration date of the permit period.
(Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-83.  Bites unlawful.

It shall be unlawful for the owner of any dangerous or potentially dangerous dog required to be registered under this division to permit or allow such dog to kill, bite, chase, attack, injure, wound, or endanger in such a way that the dog may be considered either a dangerous dog or a potentially dangerous dog. In addition, any such dangerous dog required to be registered under this division shall be immediately confiscated by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
(Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-84.  Dangerous dogs; warning signs.

The owner of a dangerous dog shall display signs provided by animal control warning that there is a dangerous dog on the property. These signs shall be placed under the supervision and direction of the animal control officer so as to be readily discernible and clearly visible from the public sidewalk or property line at any actual or customary point of entry to the premises. An additional sign to be provided by animal control shall be conspicuously displayed on any pen or structure provided for such dangerous dog.
(Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-85.  Dangerous dogs; leash required.

It shall be unlawful for any owner of a dangerous dog to permit such dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash and properly muzzled to reasonably prevent the dog from biting.
(Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-86.  Dangerous dogs; securely confined.

(a)   It shall be unlawful for the owner of a dangerous dog to fail, neglect, or refuse to securely confine such dog in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping. For materials used to provide a securely enclosed and locked pen or structure as required herein, such materials shall, at a minimum, comply with the following:
(1)   Any fencing material used shall not have openings with a diameter of more than two inches, or in the case of wooden fence materials, gaps of more than two inches wide; and,
(2)   Any gates within such pen or structure shall be lockable or of such design to prevent the entry of children or the escape of the dog.
(b)   The required pen or structure shall have secure sides and a secure top. Any top provided shall be a fence outrigger on the top of the fencing material or an equivalently secured top. If the pen or structure has not bottom secured to the sides, the sides shall be embedded at least 18 inches into the ground. The pen or structure shall also protect the dog from elements.
(c)   The owner of a dangerous dog shall securely restrain such dog by chain or leash when moving the dog to or from such pen or structure.
(Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-87.  Dangerous dogs; confiscation.

Any dangerous dog may be immediately confiscated by an animal control officer if in violation of this division. The owner shall be responsible for the reasonable costs incurred for the care of a dangerous dog confiscated or for the destruction of any dangerous dog as authorized herein.
In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner.
(Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-88.  Destruction of dangerous dog.

If satisfied that a dog is dangerous and has without provocation actually bitten or attacked a person or a domestic animal or fowl, the city administrator may, if the animal is found at large within the city, cause the animal to be destroyed without previous notice to the owner.
(Ord. No. 2007-17, § 2, 1-14-08)

Sec. 14-89.  Penalty.

Any person who shall violate any of the provisions of this division shall be deemed guilty of a violation and upon conviction thereof shall be fined in a sum not to exceed $500.00 and not less than $200.00 recoverable with costs.
In addition to the penalties for all violations herein provided, the court may order such person to reimburse the city, and/or public or private agency for expenses incurred in the care, medical treatment, impoundment, and disposal of any animal involved in or connected with the incident for which the complaint was filed.
A court, upon finding a person guilty of any violation of this division, may in addition to fines, costs, or otherwise, order such convicted person to make restitution to any persons for damage or injury to such person or such person's property.
Each day that a violation of this division continues shall be punishable as a separate offense. The penalty herein provided shall be cumulative and in addition to revocation, cancellation, or forfeiture of any license, permit, or right granted by this division or elsewhere.
(Ord. No. 2007-17, § 2, 1-14-08)
Secs. 14-90--14-105.  Reserved.

  
 

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Kerry Bligh,
Animal Control

219 E 26th St
South Sioux City, NE 68776
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