State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1008

28-1008. Terms, defined.For purposes of sections 28-1008 to 28-1017, 28-1019, and 28-1020:(1) Abandon means to leave any animal in one's care, whetheras owner or custodian, for any length of time without making effective provisionfor its food, water, or other care as is reasonably necessary for the animal'shealth;(2) Animal means any vertebrate member of the animal kingdom. Animal does not include an uncaptured wild creature or a livestock animal as defined in section 54-902;(3) Cruellymistreat means to knowingly and intentionally kill, maim, disfigure, torture,beat, mutilate, burn, scald, or otherwise inflict harm upon any animal;(4) Cruelly neglect meansto 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'shealth;(5) Humane killing means the destruction ofan animal by a method which causes the animal a minimum of pain and suffering;(6) Law enforcement officermeans any member of the Nebraska State Patrol, any county or deputy sheriff,any member of the police force of any city or village, or any other publicofficial authorized by a city or village to enforce state or local animalcontrol laws, rules, regulations, or ordinances. Law enforcement officer alsoincludes any inspector under the Commercial Dog and Cat Operator InspectionAct to the extent that such inspector may exercise the authority of a lawenforcement officer under section 28-1012 while in the course of performinginspection activities under the Commercial Dog and Cat Operator InspectionAct;(7) Mutilation means intentionallycausing permanent injury, disfigurement, degradation of function, incapacitation,or imperfection to an animal. Mutilation does not include conduct performedby a veterinarian licensed to practice veterinary medicine and surgery inthis state or conduct that conforms to accepted veterinary practices;(8) Police animal means ahorse or dog owned or controlled by the State of Nebraska for the purposeof assisting a Nebraska state trooper in the performance of his or her officialenforcement duties;(9) Repeated beating meansintentional successive strikes to an animal by a person resulting in seriousbodily injury or death to the animal;(10) Serious injury or illnessincludes any injury or illness to any animal which creates a substantial riskof death or which causes broken bones, prolonged impairment of health, orprolonged loss or impairment of the function of any bodily organ; and(11) Torture means intentionallysubjecting an animal to extreme pain, suffering, or agony. Torture does notinclude conduct performed by a veterinarian licensed to practice veterinarymedicine and surgery in this state or conduct that conforms to accepted veterinarypractices. SourceLaws 1990, LB 50, § 1; Laws 1995, LB 283, § 2; Laws 2003, LB 273, § 4; Laws 2006, LB 856, § 11; Laws 2007, LB227, § 1; Laws 2008, LB764, § 2; Laws 2008, LB1055, § 2; Laws 2009, LB494, § 1; Laws 2010, LB865, § 13.Effective Date: July 15, 2010 Cross ReferencesCommercial Dog and Cat Operator Inspection Act, see section 54-625.