CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT December 5, 2017 AGENDA

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1 CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT December 5, 2017 AGENDA Subject: Type: Submitted By: An ordinance to amend Chapter 85 Animals of the Papillion Municipal Code to allow mini-pigs as pets within the city s corporate limits. ORD rd Reading Introduced by: Councilman, Tom Mumgaard Prepared by: Christine Myers, City Administrator SYNOPSIS: Approval of Ordinance 1791 will amend Chapter 85 Animals of the Papillion Municipal Code to allow mini-pigs (most commonly known as Vietnamese potbellied pigs or American Mini-pigs) as pets within the city limits of Papillion. Currently, 85-6 of Chapter 85 prohibits a person from keeping or permitting to be kept any mini-pig as a pet. The City of Omaha and City of Bellevue allow their residents to own pigs as pets with certain restrictions. The proposed ordinance would allow two (2) spayed or neutered mini-pigs per residential unit, weighing no more than 100 lbs. each. The owner must license the animal on an annual basis by obtaining a certificate of vaccination from a veterinarian, verifying that the mini-pig s weight does not exceed the 100 lb. limit and that the animal meets the city s standards for vaccinations and blood tests. This ordinance also addresses issues such as running at large, damage to others property and disturbing the peace, all of which are similar to the regulations for dogs and cats in Chapter 85. The Nebraska Humane Society has been notified of this ordinance and does not anticipate any problems enforcing it. Proposed amendments to Ordinance 1791 include, but are not limited to: Amendment #1 Weight Limit of Mini-Pigs. Raise the weight limit of 100 lbs. for Mini-Pigs, as proposed by ORD for Sections and 85-68(I) of the Papillion Municipal Code, to 200 lbs., but retain the requirement that a veterinarian has to confirm the weight of the Mini-Pig annually for licensing purposes under Section 85-68(I) of the Papillion Municipal Code. Amendment #2 Vaccination and blood testing requirements. Eliminate the vaccination and blood testing requirements for Mini-Pigs, as proposed by ORD for Sections 85-28, 85-32, 85-33, 85-34, 85-35, 85-66, 85-67, and of the Papillion Municipal Code. FISCAL IMPACT: Minimal. If ORD is approved, the annual licensing fee for mini-pigs will be included in the Master Fee Schedule, as are the licensing fees for dogs and cats. RECOMMENDATION: Approval of ORD 1791.

2 BACKGROUND: On May 17, 2011, the Papillion City Council failed to adopt Ordinance 1613, as amended, on a vote of 3-5, which proposed to amend Chapter 85 Animals of the Papillion Municipal Code by adding various provisions for the keeping of mini-pigs as pets: number and size restrictions; spaying and neutering; licensing, vaccination, blood tests and licensing fees, and restricting mini-pigs to lots equal to or greater than one (1) acre. In September of 2017, a city resident who owns two (2) mini-pigs formally made a request that City Council revisit the issue and to amend the Municipal Code to allow residents to own mini-pigs as pets within city limits. ATTACHMENTS: 1. ORD 1791 (with Legislative changes)

3 ORDINANCE NO AN ORDINANCE TO AMEND CHAPTER 85 ANIMALS, OF THE PAPILLION MUNICIPAL CODE TO PROVIDE FOR THE KEEPING OF MINI-PIGS AS PETS WITHIN CITY LIMITS AND TO PROVIDE FOR NUMBER AND SIZE RESTRICTIONS, SPAYING AND NEUTERING, LICENSING, VACCINATION, BLOOD TESTS AND LICENSING FEES OF MINI-PIGS; SPECIFICALLY, TO AMEND: (1) ARTICLE I SECTION 85-1 HAVING TO DO WITH DEFINITIONS, (2) ARTICLE II GENERAL PROVISIONS, SECTION 85-6 HAVING TO DO WITH PROHIBITING THE KEEPING OF CERTAIN ANIMALS, (3) ARTICLE IV VACCINATIONS, SECTION HAVING TO DO WITH REQUIRED VACCINATIONS, SECTION HAVING TO DO WITH EXEMPTIONS, SECTION HAVING TO DO WITH PROCEDURES FOR ANIMALS AFFLICTED WITH RABIES OR NOT BEING VACCINATED, BITING PERSONS, SECTION HAVING TO DO WITH PROCEDURES CONCERNING ANIMALS BEING BITTEN BY RABID ANIMALS, AND SECTION HAVING TO DO WITH IMPOUNDMENT OF UNVACCINATED ANIMALS, (4) ARTICLE VII, ENFORCEMENT; VIOLATIONS AND PENALTIES, TO MOVE SECTION ENFORCEMENT AND SECTION VIOLATIONS AND PENALTIES IN THEIR ENTIRETY TO A NEW ARTICLE VIII, AND TO RETITLE ARTICLE VII AS MINI-PIGS AND TO INCLUDE NEW MINI-PIG SPECIFIC ORDINANCE SECTIONS THROUGH 85-68; AND TO PROVIDE AN EFFECTIVE DATE THEREOF. BE IT ORDAINED by the Mayor and City Council of the City of Papillion, Nebraska as follows: Section 1: That the following specific terms of Chapter 85 Animals, Article I Definitions, Section 85-1 of the Papillion Municipal Code be amended to read as follows: Article I: Definitions 85-1 Terms defined. DOMESTIC ANIMAL - A cat, a dog, or livestock. Livestock includes mini-pig, buffalo, deer, antelope, fowl, and any other animal in any zoo, wildlife park, refuge, wildlife area, or nature center intended to be on exhibit. MINI-PIG A small breed animal of any sub-species of Sus scrofa domesticus, including the Vietnamese potbellied pig or American Mini-Pig. PET -- Any domestic dogs, domestic cats, mini-pigs, domestic rabbits, domestic ferrets, domestic rodents, birds except those defined as agricultural animals and specifically including any birds possessed under a license issued by the State of 1

4 Nebraska and/or the United States Fish and Wildlife Service, non-lethal aquarium fish, non-lethal invertebrates, amphibians, turtles, non-venomous lizards that will not grow to more than five feet in length at maturity, nonvenomous snakes that will not grow to more than eight feet in length at maturity, or such other animals as may be specified and allowed by law; provided, however, that any animal forbidden to be sold, owned, or possessed by federal, state, or municipal law is not a pet animal. Section 2: That Chapter 85 Animals, Article II General Provisions, Section 85-6 of the Papillion Municipal Code be amended to remove the prohibition of the keeping or permitting to be kept any mini-pig as a pet, and to read as follows: Article II: General Provisions 85-6 Prohibited keeping of animals. A. No person shall keep or permit to be kept on his premises any exotic, wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed to apply to performing animal exhibitions or circuses. B. No person shall keep or permit to be kept any exotic animal as a pet. C. No person shall keep or permit to be kept any wild animal as a pet. D. No person shall keep bees on any lot that is zoned R-1 Single-Family Residential (Low-Density), R-2 Single-Family Residential (Medium-Density), R-3 Urban Family Residential, R-4 Multiple-Family Residential, or MH Mobile Home Residential. E. No person shall keep pigeons, chickens, ducks, geese, turkeys, guinea fowl or any other fowl on any lot that is zoned R-1 Single-Family Residential (Low- Density), R-2 Single-Family Residential (Medium-Density), R-3 Urban Family Residential, R-4 Multiple-Family Residential, or MH Mobile Home Residential. Section 3: That Chapter 85 Animals, Article IV Vaccinations, Sections 85-28, 85-32, 85-33, 85-34, and of the Papillion Municipal Code be amended to include mini-pigs, and to read as follows: Article IV: Vaccinations Vaccination required. 2

5 A. Except as otherwise provided for the vaccination of mini-pigs as defined in Article VII of this Chapter, every animal required to be licensed by this Chapter shall be vaccinated against rabies by a veterinarian duly licensed to practice veterinary medicine in the state within 30 days after it has reached three months of age, one year after initial vaccination, and thereafter triennially, according to vaccine manufacturers' guidelines. Said rabies vaccine must be licensed by the United States Department of Agriculture. Unvaccinated animals acquired or moved into the state must be vaccinated within 30 days after purchase or arrival, unless under three months of age as specified above or otherwise in this Chapter. B. An animal is currently vaccinated if the initial rabies vaccine was administered at least 28 days previously or booster vaccinations have been administered in accordance with the manufacturer's guidelines. Regardless of the age of the animal at initial vaccination, a booster vaccination shall be administered one year later. If a previously vaccinated animal is overdue for a booster, it shall be revaccinated. C. An owner or keeper of any animal required to be licensed by this Chapter to be vaccinated by a licensed veterinarian is exempt from the requirements of this Section if a medical reason exists that precludes the vaccination of the animal. To qualify for this exemption, the owner or keeper must have a written statement signed by a licensed veterinarian that includes a description of the animal and the medical reason that precludes vaccination Exemptions. A. The provisions of this Article with respect to vaccination shall not apply to any dog, cat, or mini-pig owned by a person temporarily remaining within the City for less than 30 days, to any dog, cat, or mini-pig brought into the City for field trial or show purposes, or to any dog brought into the City for hunting purposes for a period of less than 30 days. Such dogs shall be kept under strict supervision of the owner. B. Dogs, cats, or mini-pigs assigned to a research institution or a similar facility shall be exempt from the provisions of this Article Procedure upon animal biting person. A. Any dog, cat, mini-pig, or any other animal suspected of being afflicted with rabies, or any dog, cat, or mini-pig not vaccinated in accordance with this Chapter, which has bitten any person and caused an abrasion of the skin of such person, shall be seized by the rabies control authority and impounded under the supervision of a licensed veterinarian or a public health authority for a period of not less than 10 days. If upon examination by a veterinarian the dog, cat, mini-pig, or other animal has no clinical signs of rabies at the end of 3

6 such impoundment, it may be released to the owner or, in the case of a stray, it shall be disposed of in accordance with applicable law. B. Any dog, cat, or mini-pig vaccinated in accordance with the provisions of this Chapter, or any other animal which has bitten any persons shall be confined by the owner or other responsible person as required by the rabies control authority for a period of at least 10 days, at which time the dog, cat, mini-pig, or other animal shall be examined by a licensed veterinarian. If no signs of rabies are observed by the veterinarian, the dog, cat, mini-pig, or other animal may be released from confinement Procedure upon dog, cat, or mini-pig being bitten by rabid animal. In the case of dogs, cats, or mini-pigs known to have been bitten by a rabid animal, the following rules shall apply: A. In the case of a dog, cat, or mini-pig which has not been vaccinated in accordance with this Chapter, and which has been bitten by a known rabid animal, such bitten or exposed dog, cat, or mini-pig shall be immediately destroyed unless the owner is willing to place such dog, cat, or mini-pig in strict isolation in a kennel under veterinary supervision for a period of not less than six months. B. If the bitten or exposed dog, cat, or mini-pig is vaccinated in accordance with the provisions of this Chapter, such dog, cat, or mini-pig shall be subject to the following procedure: (1) Such dog, cat, or mini-pig shall be immediately revaccinated and confined for a period of not less than 30 days following vaccination; or (2) If such dog, cat, or mini-pig is not immediately revaccinated such dog, cat, or mini-pig 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) Such dog, cat, or mini-pig shall be destroyed if the owner does not comply with either Subsection A or B of this Section Impoundment of unvaccinated dogs, cats and mini-pigs. A. Any dog, cat, or mini-pig found outside the owner's premises whose owner does not possess a valid certificate of rabies vaccination and valid rabies vaccination tag for such dog, cat, or mini-pig shall be given proper care, treatment and maintenance. Each impounded dog, cat, or mini-pig shall be kept and maintained at the pound for a period of not less than five days unless reclaimed earlier by the owner. 4

7 B. 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 dog, cat, or mini-pig 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 Chapter within 72 hours of release. Any vaccinated dog, cat, or mini-pig impounded because its owner has not presented a valid certificate of rabies vaccination and a valid rabies vaccination tag for such dog, cat, or mini-pig may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release. C. At the expiration of impoundment a dog, cat, or mini-pig may be claimed by payment of established pound fees and by compliance with the rabies vaccination requirement of this Chapter within 72 hours of release. If the dog, cat, or mini-pig is unclaimed at the end of five days, the authorities may dispose of the dog, cat, or mini-pig in accordance with applicable laws or rules and regulations. Section 4: That Chapter 85 Animals, Article VII Enforcement; Violations and Penalties, Sections Reckless owner and Violations and penalties of the Papillion Municipal Code be moved in their entirety to a new Article VIII, and that Article VII be retitled Mini-Pigs and include new mini-pig ordinance Sections through 85-68, which shall read as follows: Article VII: Mini-Pigs Number and size restrictions. It shall be unlawful for any person to own, keep, or harbor at any time more than two mini-pigs per residential or dwelling unit within the city limits. Of the four adult animals permitted per residential unit, as set forth in Section of this Chapter, only two of those animals shall be mini-pigs. Further, it shall be unlawful for any person to own, keep or harbor any mini-pig reaching a size greater than 100 pounds in weight within the city limits. Any person over 18 years of age residing in the residence or dwelling unit shall be presumed to be the owner or person responsible for any unlicensed mini-pig owned, kept, or harbored in the residence or dwelling unit until credible evidence otherwise is presented Spaying and neutering. It shall be unlawful to own, keep or harbor a mini-pig within the city limits that is not spayed or neutered within 30 days of acquiring the mini-pig. If the mini-pig is not yet three months old at the time it is acquired, it must be spayed or neutered within 30 days of attaining the age of three months. 5

8 85-48 Running at large. It shall be unlawful for any person to allow or permit any mini-pig which is owned, kept or harbored by him to run or be at large in or upon the private premises of others or upon the streets, highways and other public places of the city Restraint. It shall be unlawful for the owner of any mini-pig within the city to: A. Fail to keep his mini-pig securely restrained by a chain or otherwise confined in or upon his premises in an enclosure sufficient to contain the mini-pig; or B. Keep the mini-pig outdoors other than at those times necessary for the elimination of waste or to exercise. Outdoor pig pens, kennels, runs, or other structures or areas intended or used to house a mini-pig through the night are specifically prohibited Mini-pigs damaging the property of others. It shall be unlawful for the owner of a mini-pig to allow or permit his mini-pig to damage property of others or cause bodily injury. If the owner is adjudged guilty of a violation of this section, the court may, in addition to the penalty provided for the violation of this section, order such disposition or destruction of the offending mini-pig as may seem reasonable and proper Disturbance of the peace or creation of a nuisance. It shall be unlawful for any person who owns, keeps, harbors, maintains, or permits on any parcel of land or premises under his control any mini-pig which: A. By loud, continued, or frequent oinking, squealing, or grunting shall annoy or disturb the peace and comfort of the inhabitants of any neighborhood or interfere with any person or persons in the reasonable and comfortable enjoyment of life or property; B. By reason of accumulated waste or other condition presents any odor interfering with the reasonable and comfortable enjoyment of neighboring life or property; or C. Roots to such an extent that the physical disturbance of the ground area impairs or interferes with the value or use of neighboring property; provided, however, this Section shall not apply to the animal shelter, veterinarians, and medical laboratories. 6

9 85-52 Applicability of Article. The provisions of this Article shall be applicable and controlling within the corporate limits of the city Exceptions. Notwithstanding any other provision herein, the provisions of this Article shall not be deemed to apply to, or in any way to interfere with, the ordinary conduct and operation of veterinary clinics, biological laboratories or pet shows, when conducted within the city License required. It shall be unlawful for any person to own, keep or harbor any mini-pig within the city limits unless such mini-pig has been licensed by the Animal Control Authority as required by the provisions of this Article; provided, however, that this Section shall not apply to any mini-pig which has not reached the age of eight weeks Application. Written application for a license required by the provisions of this Article shall be made to the Animal Control Authority, and the applicant shall: A. State the name and address of the owner of the mini-pig; B. State the color, age and sex of the mini-pig; C. Submit documentation signed by a licensed veterinarian indicating that, upon reaching the age of four months: (1) The mini-pig has been neutered or spayed; (2) The mini-pig has been implanted with a microchip containing owner identification that includes at least the owner s name and address; and (3) The mini-pig complies with the weight requirements of this Article; and D. Provide such other information as may identify the mini-pig. The applicant shall certify to the information contained in such application under penalty of law for the willful making of any untrue statement. 7

10 85-56 Date for obtaining license. Licenses required by the provisions of this Article shall be procured on or before March 15 of each year, provided: A. If a mini-pig is acquired by an owner after such date, such license shall be acquired within 30 days after the date of acquisition of such mini-pig. B. If the owner becomes a resident of the city after March 15, he shall acquire such license within 30 days after he establishes residency in the city Annual Licensing fee. The annual licensing fee for mini-pigs shall be as set forth by the Master Fee Schedule Late fee. If a mini-pig is licensed after the date of March 15 of each year, the late fee for licensing the mini-pig shall be double the annual licensing fee. The Animal Control Authority contracted by the City of Papillion to administer the city s animal ordinances is hereby authorized to charge a handling/license issuance fee as set forth by the Master Fee Schedule and to waive the late fee at its discretion Issuance; tag. A. Upon payment of the required fee, the Animal Control Authority shall issue a numbered receipt and tag to the owner for the mini-pig licensed. B. Such license receipt shall contain the owner's name and address and such description of the mini-pig as may be required for purposes of identification, and the number of the tag issued therefor. C. Such tag shall be in such form and description as the Animal Control Authority shall determine from time to time Separate license and tag required for each mini-pig. A separate license and tag is required under the provisions of this Article for each mini-pig owned, kept or harbored by any person Wearing of collar and tag or other identification. Upon receiving a tag under the provisions of this Article, it shall be the duty of the owner or other person keeping a mini-pig to ensure that the mini-pig bears a permanent means of identification at all times such as an implanted micro-chip or such tag attached to a durable collar or harness worn at all times. 8

11 85-62 Records. The Animal Control Authority shall keep a record of the name and address of each owner obtaining a license under the provisions of this Article and the number of the license and tag issued. Upon the death or permanent removal of a mini-pig from the corporate limits of the city the registered owner shall inform the Animal Control Authority of this change within 30 days of the event Expiration. Licenses issued under the provisions of this Article shall be valid until March 15 of the succeeding year. Renewal of the license shall require submitting the same information as required for an initial license application Misuse of tag. No owner shall permit or allow his mini-pig to wear any license tag other than the one issued for such mini-pig and for the period of the license year hereinbefore mentioned Removal of tag. No person shall remove or cause to be removed the collar or tag from any licensed mini-pig without the consent of the owner, keeper, or harborer thereof Vaccination required. Every mini-pig required to be licensed by this Article shall be vaccinated, by a veterinarian licensed to practice in the state and certified to treat livestock by the state department of agriculture, for the following diseases: Four to six weeks of age: Eight to ten weeks of age: Biannually: Annually: Erysipelas bacterin Leptospira (five or six serotypes) bacterin Atrophic rhinitis vaccine Repeat above schedule (unless second vaccine already administered) Booster leptospira bacterin Booster erysipelas bacterin Tetanus toxoid (if recommended by veterinarian) Booster atrophic rhinitis vaccine Young mini-pigs shall be vaccinated within 30 days after they have reached two months of age. Unvaccinated mini-pigs acquired or moved into the state must be vaccinated within 30 days after purchase or arrival, unless under two 9

12 months of age as specified above. Subject to the above, every such mini-pig shall be revaccinated following a period of not more than 12 months since its last vaccination Blood tests required. Every mini-pig required to be licensed by this Article shall, no later than the age of eight weeks, be blood tested to ensure that the animal is not carrying pseudorabies or brucellosis. Such testing shall be repeated annually thereafter. In the event the animal tests positive for either disease, the animal shall be held by the Animal Control Authority and treated until cured, or if the disease is incurable, the animal shall be destroyed. The cost of holding and, if necessary, destroying the animal shall be borne by the owner of the animal Certificate of vaccination and blood testing. It shall be the duty of each veterinarian, at the time of vaccinating or blood testing any mini-pig, to complete a certificate of vaccination and blood testing, which shall include but not be limited to the following information: A. The owner s name and address; B. An adequate description of the animal, including but not limited to such items as the animal s sex, age, name, and distinctive markings; C. The date of vaccination; D. The vaccination tag number; E. The type of vaccine administered; F. The manufacturer s serial number of the vaccine used. Such veterinarian shall issue a tag with the certificate of vaccination; G. The date of blood testing; H. The results of the blood tests; I. The current weight of the animal. If the animal weighs more than 100 pounds, the Animal Control Authority shall not register it. The veterinarian shall make and provide a copy of each certificate issued to the Animal Control Authority at the time of its issuance. In the event blood tests reveal the presence of pseudorabies, brucellosis, or other disease, the veterinarian shall notify the Animal Control Authority immediately. 10

13 Section 5: That a new Article VIII be added to Chapter 85 Animals of the Papillion Municipal Code, which shall be titled Enforcement; Violations and Penalties, and shall include Section Reckless owner and Section Violations and penalties, which shall read as follows: Article VIII: Enforcement; Violations and Penalties Reckless owner. A. The Animal Control Authority shall initiate administrative proceedings to declare an owner who has been convicted of one or more violations of this Chapter on three separate occasions in a 24 month period or whose dog has been determined to be dangerous or potentially dangerous and who has not complied with the requirements of this Chapter pertaining to dangerous or potentially dangerous dog a reckless owner and to revoke all licenses and permits issued to such person under Article III. Such proceedings shall be instituted by service of a notice of declaration and revocation in writing upon such owner either personally, by certified mail addressed to the owner at the owner s usual place of residence with return receipt requested or by residential service, which shall mean leaving a copy at the owner s usual residence with a person of the age of majority who resides therein. The notice shall contain: (1) The name and address of the owner who is subject to such declaration and revocation; (2) The name(s), description(s) and license number(s) of any pet animal(s) licensed by the owner that are associated with such violations; (3) The name(s), description(s) and license number(s) for all pet animals licensed to the owner that will be subject to revocation; (4) A description of all licenses and permits issued under Article III that will be subject to revocation; (5) A summary of the violations or requirements which form the basis of such declaration and revocation, including the case numbers, if any; (6) A summary of the effects of such declaration, including the revocation of said licenses and permits and surrender to the Animal Control Authority of all pet animal(s); (7) A statement of the date on which the declaration and revocation order will become a final order if the owner does not file a timely written request for hearing with the Animal Control Authority, which effective date shall be 11

14 not less than ten days after the date of mailing (or personal or residential service) of the notice; and (8) A statement that the owner may file a written request for a hearing with the Animal Control Authority within 10 days after mailing (or of personal or residential service) of the notice. B. Finalization without Hearing. If the owner does not file a written request for hearing with the Animal Control Authority within 10 days after mailing (or of personal or residential service) of the declaration and revocation notice, then such declaration and revocation shall become final, and the owner shall surrender such animal to the Animal Control Authority within 24 hours after the expiration of the 10 day period. Failure to surrender such animal shall result in immediate impoundment by the Animal Control Authority in accordance with Article III. Such surrendered or impounded animal shall immediately become the property of the Animal Control Authority and may be destroyed humanely or placed with a new owner, as the Authority deems appropriate. C. Hearing and Appeal. If the owner files a written request for hearing with the Animal Control Authority within 10 days after mailing (or of personal or residential service) of the declaration and revocation notice, a hearing on such notice shall be held by a hearing officer or panel designated by the Animal Control Authority. The hearing shall be held if practicable within 10 days after the Animal Control Authority received the written request for hearing. Notice of the time and place of the hearing shall be coordinated by the Animal Control Authority not less than 48 hours prior to the scheduled hearing. At the hearing, the owner shall be provided an opportunity to appear and offer evidence to dispute the declaration and revocation notice. A written determination to affirm or reverse the declaration and revocation notice shall be entered by the hearing officer or panel within 10 days after the date of the hearing, if practicable. If the declaration and revocation notice is affirmed, the hearing officer or panel shall enter a final declaration and revocation order requiring the owner to surrender such animal(s) to the Animal Control Authority within 10 days after the date of the hearing officer s or panel s decision; provided however, that the owner may appeal such final determination order within 14 days to the District Court, during which proceedings such final determination order shall be stayed. D. An owner who is declared a reckless owner shall be prohibited from licensing or permitting under Article III, residing with, or owning any additional animal(s) in the City for a period of sixty (60) months from the date of entry of the declaration and revocation order. 12

15 Violations and penalties. A. Violations and penalties. It shall be unlawful to violate any provisions of this Chapter. Unless otherwise specified in this Chapter, Article or Section, any person violating any provisions of this Chapter shall be deemed guilty of a misdemeanor. The penalties for violations under this Chapter shall be as follows: (1) A misdemeanor A fine in any sum not exceeding $1,000 or imprisonment of one year, or both said fine and imprisonment at the discretion of the sentencing court; or (2) A Class IV felony - A fine in any sum not exceeding $10,000 or imprisonment of five years, or both said fine and imprisonment at the discretion of the sentencing court. B. Abandonment, cruel neglect, and cruel mistreatment. (1) Any person who intentionally, knowingly, or recklessly abandons or cruelly neglects an animal is guilty of a misdemeanor unless the abandonment or cruel neglect results in serious injury or illness or death of the animal, in which case it is a Class IV felony. (2) Except as provided in 85-70C(3), a person who cruelly mistreats an animal is guilty of a misdemeanor for the first offense and a Class IV felony for any subsequent offense. (3) A person who cruelly mistreats an animal is guilty of a Class IV felony if such cruel mistreatment involves the knowing and intentional torture, repeated beating, or mutilation of the animal. C. Potentially Dangerous or Dangerous dogs. (1) Any owner who is found guilty of two or more offenses under 85-14, which have inflicted on a human being a serious bodily injury shall be guilty of a Class IV felony, whether or not the same dangerous dog is involved. It is a defense to a violation of this Subsection that the dangerous dog was, at the time of the infliction of the serious bodily injury, in the custody or direct control of a person other than the owner or the owner s immediate family who is of the age of majority, or a licensed kennel operator, or licensed veterinarian. (2) Any person whose dog has been determined to be dangerous or potentially dangerous under and who subsequently violates any subsection of 85-14, or who has been declared a reckless owner under 85-69, shall not own a dangerous dog within 10 years of such conviction. Any owner violating this Subsection shall be guilty of a 13

16 misdemeanor, and the dog shall be immediately confiscated by the Animal Control Authority. (3) Except as provided under 85-70C(2), if a dangerous dog of an owner with a previous conviction under attacks or bites a human being or domestic animal, the owner shall be guilty of a misdemeanor, and the dog shall be immediately relinquished to the Animal Control Authority. D. Citation; Interference; Obstruction. Every police or Animal Control Officer shall be and hereby is authorized to issue a uniform citation to any person deemed to be in violation of the provisions of this Chapter. Should the violator refuse to sign said citation, a police officer is authorized to take said person into custody and require an appearance bond in accordance with the bond schedule issued by the appropriate court. Any person refusing to sign the citation shall be guilty of a separate offense and shall be charged with interfering with a police or Animal Control Officer or interference with a government operation or obstructing government operations and shall be deemed guilty of a Class I misdemeanor. E. Ownership by child. When an animal is owned by a minor child, the parent of such minor child with whom the child resides or legal guardian with whom the child resides shall be subject to the penalties provided under for any violation of this Chapter. F. Payment of expenses. Any person found guilty of violating this Chapter shall pay all expenses, including shelter, food and reasonable and necessary veterinary expenses necessitated by the seizure of any animal. G. Court costs and attorney fees. Any person found guilty of violating this Chapter may be ordered by the sentencing court to remit court costs and attorney fees to the City of Papillion. H. Order to comply. Any person found guilty of violating this Chapter may be ordered by the sentencing court to take any action required to comply with this Chapter, including, but not limited to, confiscation or destruction of any animal owned, harbored, or kept by said person. I. Additional Remedies. In addition to the penalties provided in this Section, the sentencing court may fashion any other remedies as it deems proper or necessary under the circumstances or to protect the health, safety, and welfare of the citizens of the City of Papillion as applied under this Chapter. J. Reimbursement. In addition to any other sentence given for a violation of this Chapter, the sentencing court may order the defendant to reimburse a public or private agency for expenses incurred in conjunction with the care, impoundment, or disposal of an animal involved in the violation of this 14

17 Chapter. Whenever the court believes that such reimbursement may be a proper sentence or the prosecuting attorney requests, the court shall order presentence documentation regarding the nature and amount of the expenses incurred. The court may order that reimbursement be made immediately, in specified installments, or within a specified period of time, not to exceed five years after the date of judgment. Even if reimbursement for expenses is not ordered, the defendant shall be liable for all expenses incurred by a public or private agency in conjunction with the care, impoundment, or disposal of an animal. The expenses shall be a lien upon the animal. K. Order prohibiting ownership, possession, or residing with animal. (1) If a person is convicted of a Class IV felony under this Chapter, the sentencing court shall order such person not to own, possess, or reside with any animal for at least five years after the date of conviction, but such time restriction shall not exceed fifteen years. Any person violating such court order shall be guilty of a Class I misdemeanor. (2) If a person is convicted of a Class I misdemeanor under 85-3 or 85-9D, the sentencing court may order such person not to own, possess, or reside with any animal after the date of conviction, but such time restriction, if any, shall not exceed five years. Any person violating such court order shall be guilty of a Class IV misdemeanor, punishable by a fine of not less than $100 but not exceeding $500. (3) Any animal involved in a violation of a court order under 85-70K(1) and (2) shall be subject to seizure by the Animal Control Authority or law enforcement. Section 6. All ordinances and any part of the ordinances as previously enacted that are in conflict with this Ordinance and any parts hereof are hereby repealed. Section 7. Effective Date. This Ordinance shall be in full force and effect fifteen (15) days after its passage. The City Clerk is directed to effectuate the publishing of this Ordinance for at least one (1) week in a newspaper in general circulation within the City of Papillion, which publication must take place within fifteen (15) days of the passage of this Ordinance by the City Council. The City Clerk shall cause this Ordinance to be published in book or pamphlet form. That this Ordinance shall have the same force and effect as though it had been published at large. That a copy of said Ordinance shall be filed for use and examination by the public in the office of the City Clerk. 15

18 PASSED AND APPROVED this day of, CITY OF PAPILLION, DAVID P. BLACK, Mayor Attest: Nicole Brown, City Clerk (SEAL) First Reading: November 7, 2017 Second Reading: November 21, 2017 Third Reading: December 5,

19 Papillion Municipal Code (Legislative changes for ORD. No. 1791) Part II, General Legislation Chapter 85: Animals Article I: Definitions 85-1 Terms defined. DOMESTIC ANIMAL - A cat, a dog, or livestock. Livestock includes mini-pig, buffalo, deer, antelope, fowl, and any other animal in any zoo, wildlife park, refuge, wildlife area, or nature center intended to be on exhibit. MINI-PIG A pure-bred small breed animal of any sub-species of Sus scrofa domesticus, including the Vietnamese potbellied pig or American Mini-Pig. PET -- Any domestic dogs, domestic cats, mini-pigs, domestic rabbits, domestic ferrets, domestic rodents, birds except those defined as agricultural animals and specifically including any birds possessed under a license issued by the State of Nebraska and/or the United States Fish and Wildlife Service, non-lethal aquarium fish, non-lethal invertebrates, amphibians, turtles, non-venomous lizards that will not grow to more than five feet in length at maturity, nonvenomous snakes that will not grow to more than eight feet in length at maturity, or such other animals as may be specified and allowed by law; provided, however, that any animal forbidden to be sold, owned, or possessed by federal, state, or municipal law is not a pet animal. Article II: General Provisions 85-6 Prohibited keeping of animals. A. No person shall keep or permit to be kept on his premises any exotic, wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed to apply to performing animal exhibitions or circuses. B. No person shall keep or permit to be kept any exotic animal as a pet. C. No person shall keep or permit to be kept any wild animal as a pet. D. No person shall keep or permit to be kept any mini-pig as a pet.

20 E.D. No person shall keep bees on any lot that is zoned R-1 Single-Family Residential (Low-Density), R-2 Single-Family Residential (Medium-Density), R-3 Urban Family Residential, R-4 Multiple-Family Residential, or MH Mobile Home Residential. F.E. No person shall keep pigeons, chickens, ducks, geese, turkeys, guinea fowl or any other fowl on any lot that is zoned R-1 Single-Family Residential (Low-Density), R-2 Single-Family Residential (Medium-Density), R-3 Urban Family Residential, R-4 Multiple-Family Residential, or MH Mobile Home Residential. Article IV: Vaccinations Vaccination required. A. Except as otherwise provided for the vaccination of mini-pigs as defined in Article VII of this Chapter, Eevery animal required to be licensed by this Chapter shall be vaccinated against rabies by a veterinarian duly licensed to practice veterinary medicine in the state within 30 days after it has reached three months of age, one year after initial vaccination, and thereafter triennially, according to vaccine manufacturers' guidelines. Said rabies vaccine must be licensed by the United States Department of Agriculture. Unvaccinated animals acquired or moved into the state must be vaccinated within 30 days after purchase or arrival, unless under three months of age as specified above or otherwise in this Chapter. B. An animal is currently vaccinated if the initial rabies vaccine was administered at least 28 days previously or booster vaccinations have been administered in accordance with the manufacturer's guidelines. Regardless of the age of the animal at initial vaccination, a booster vaccination shall be administered one year later. If a previously vaccinated animal is overdue for a booster, it shall be revaccinated. C. An owner or keeper of any animal required to be licensed by this Chapter to be vaccinated by a licensed veterinarian is exempt from the requirements of this Section if a medical reason exists that precludes the vaccination of the animal. To qualify for this exemption, the owner or keeper must have a written statement signed by a licensed veterinarian that includes a description of the animal and the medical reason that precludes vaccination Exemptions. A. The provisions of this Article with respect to vaccination shall not apply to any dog, or cat, or mini-pig owned by a person temporarily remaining within the City for less than 30 days, to any dog, or cat, or mini-pig brought into the City for field trial or show purposes, or to any dog brought into the City for hunting

21 purposes for a period of less than 30 days. Such dogs shall be kept under strict supervision of the owner. B. Dogs, or cats, or mini-pigs assigned to a research institution or a similar facility shall be exempt from the provisions of this Article Procedure upon animal biting person. A. Any dog, or cat, mini-pig, or any other animal suspected of being afflicted with rabies, or any dog, or cat, or mini-pig not vaccinated in accordance with this Chapter 85-27, 85-28, and 85-29, which has bitten any person and caused an abrasion of the skin of such person, shall be seized by the rabies control authority and impounded under the supervision of a licensed veterinarian or a public health authority for a period of not less than 10 days. If upon examination by a veterinarian the dog, cat, mini-pig, or other animal has no clinical signs of rabies at the end of such impoundment, it may be released to the owner or, in the case of a stray, it shall be disposed of in accordance with applicable law. B. Any dog, or cat, or mini-pig vaccinated in accordance with the provisions of this Chapter 85-27, 85-28, and 85-29, or any other animal which has bitten any persons shall be confined by the owner or other responsible person as required by the rabies control authority for a period of at least 10 days, at which time the dog, cat, mini-pig, or other animal shall be examined by a licensed veterinarian. If no signs of rabies are observed by the veterinarian, the dog, cat, mini-pig, or other animal may be released from confinement Procedure upon dog, or cat, or mini-pig being bitten by rabid animal. In the case of dogs, or cats, or mini-pigs known to have been bitten by a rabid animal, the following rules shall apply: A. In the case of a dog, or cat, or mini-pig which has not been vaccinated in accordance with this Chapter, 85-27, 85-28, and 85-29, and which has been bitten by a known rabid animal, such bitten or exposed dog, or cat, or mini-pig shall be immediately destroyed unless the owner is willing to place such dog, or cat, or mini-pig in strict isolation in a kennel under veterinary supervision for a period of not less than six months. B. If the bitten or exposed dog, or cat, or mini-pig is vaccinated in accordance with the provisions of this Chapter 85-27, 85-28, and 85-29, such dog, or cat, or mini-pig shall be subject to the following procedure: (1) Such dog, or cat, or mini-pig shall be immediately revaccinated and confined for a period of not less than 30 days following vaccination; or

22 (2) If such dog, or cat, or mini-pig is not immediately revaccinated such dog, or cat, or mini-pig 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) Such dog, or cat, or mini-pig shall be destroyed if the owner does not comply with either Subsection A or B of this Section Impoundment of unvaccinated dogs, and cats and mini-pigs. A. Any dog, or cat, or mini-pig found outside the owner's premises whose owner does not possess a valid certificate of rabies vaccination and valid rabies vaccination tag for such dog, or cat, or mini-pig shall be given proper care, treatment and maintenance. Each impounded dog, or cat, or mini-pig shall be kept and maintained at the pound for a period of not less than five days unless reclaimed earlier by the owner. B. 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 dog, or cat, or mini-pig 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 Chapteract within 72 hours of release. Any vaccinated dog, or cat, or mini-pig impounded because its owner has not presented a valid certificate of rabies vaccination and a valid rabies vaccination tag for such dog, or cat, or mini-pig may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release. C. At the expiration of impoundment a dog, or cat, or mini-pig may be claimed by payment of established pound fees and by compliance with the rabies vaccination requirement of this Chapteract within 72 hours of release. If the dog, or cat, or mini-pig is unclaimed at the end of five days, the authorities may dispose of the dog, or cat, or mini-pig in accordance with applicable laws or rules and regulations. Article VII: Mini-Pigs Number and size restrictions. It shall be unlawful for any person to own, keep, or harbor at any time more than two mini-pigs per residential or dwelling unit within the city limits. Of the four adult animals permitted per residential unit, as set forth in Section of this Chapter, only two of those animals shall be mini-pigs. Further, it shall be unlawful for any person to own, keep or harbor any mini-pig reaching a size greater than 100 pounds in weight within the city limits. Any person over 18 years of age

23 residing in the residence or dwelling unit shall be presumed to be the owner or person responsible for any unlicensed mini-pig owned, kept, or harbored in the residence or dwelling unit until credible evidence otherwise is presented Spaying and neutering. It shall be unlawful to own, keep or harbor a mini-pig within the city limits that is not spayed or neutered within 30 days of acquiring the mini-pig. If the mini-pig is not yet three months old at the time it is acquired, it must be spayed or neutered within 30 days of attaining the age of three months Running at large. It shall be unlawful for any person to allow or permit any mini-pig which is owned, kept or harbored by him to run or be at large in or upon the private premises of others or upon the streets, highways and other public places of the city Restraint. It shall be unlawful for the owner of any mini-pig within the city to: A. Fail to keep his mini-pig securely restrained by a chain or otherwise confined in or upon his premises in an enclosure sufficient to contain the mini-pig; or B. Keep the mini-pig outdoors other than at those times necessary for the elimination of waste or to exercise. Outdoor pig pens, kennels, runs, or other structures or areas intended or used to house a mini-pig through the night are specifically prohibited Mini-pigs damaging the property of others. It shall be unlawful for the owner of a mini-pig to allow or permit his mini-pig to damage property of others or cause bodily injury. If the owner is adjudged guilty of a violation of this section, the court may, in addition to the penalty provided for the violation of this section, order such disposition or destruction of the offending mini-pig as may seem reasonable and proper Disturbance of the peace or creation of a nuisance. It shall be unlawful for any person who owns, keeps, harbors, maintains, or permits on any parcel of land or premises under his control any mini-pig which: A. By loud, continued, or frequent oinking, squealing, or grunting shall annoy or disturb the peace and comfort of the inhabitants of any neighborhood or interfere with any person or persons in the reasonable and comfortable enjoyment of life or property;

24 B. By reason of accumulated waste or other condition presents any odor interfering with the reasonable and comfortable enjoyment of neighboring life or property; or C. Roots to such an extent that the physical disturbance of the ground area impairs or interferes with the value or use of neighboring property; provided, however, this Section shall not apply to the animal shelter, veterinarians, and medical laboratories Applicability of Article. The provisions of this Article shall be applicable and controlling within the corporate limits of the city Exceptions. Notwithstanding any other provision herein, the provisions of this Article shall not be deemed to apply to, or in any way to interfere with, the ordinary conduct and operation of veterinary clinics, biological laboratories or pet shows, when conducted within the city License required. It shall be unlawful for any person to own, keep or harbor any mini-pig within the city limits unless such mini-pig has been licensed by the Animal Control Authority as required by the provisions of this Article; provided, however, that this Section shall not apply to any mini-pig which has not reached the age of eight weeks Application. Written application for a license required by the provisions of this Article shall be made to the Animal Control Authority, and the applicant shall: A. State the name and address of the owner of the mini-pig; B. State the color, age and sex of the mini-pig; C. Submit documentation signed by a licensed veterinarian indicating that, upon reaching the age of four months: (1) The mini-pig has been neutered or spayed;