12 dead birds and charges filed *update 1st court date today*

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I'm not good at riding horses so may I apply for the job of coming up to the dog owners when they get sentenced and go:
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? Only 3 more days if all goes well!
 
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OK, That's your job. I have to call the prosecutor today to make sure everything is still o go for tomorrow. I'll keep you all posted.
 
The first court date is today. It is just an arraignment where the guy pleads guilty or not guilty, but I will be there watching. I will meet with the city prosecutor before court. I wonder if the jerk will plead guilty or not guilty. In a way, I hope he is stupid enough to plead not guilty. That way they might be harsher on him for wasting their time. I will not let this slide. I will be the squeaky wheel!

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We'll be watcing!
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Being in eastern time zone, news will be 3 hours earlier!! (or seem so)

Seriously, I know that lots of us wish we lived close enough to pack that court room. Best of luck Horsejody! You're a Hero no matter how it turns out cause you wouldn't just sit back and take it!! (though you may be out the door already on your way to the court house)
 
Court is at 1:30pm. I'm sure there will be a bunch of arraignments, and I don't know how soon the idiot's name will come up. I am taking the afternoon off work so I can watch. At least one reporter has shown a strong interest in doing a story on this if the dogs are not euthanized or declared dangerous and kept under the dangerous dog requirements (spayed/neutered, locked secure kennel, microchipped, etc.). It's a matter of public safety. The laws were written for a reason. There have been quite a few stories in the local press lately regarding people injured by dangerous dogs. Nearby Omaha just passed ordinances restricting pit bulls and other dogs. The public is screaming for more dog laws, and most don't even realize the laws we already have that are ignored by prosecutors and the courts. I intend to make sure the public learns that we don't need more laws. We just need to enforce the ones we already have. Here are the parts of the pertinent laws we have in Nebraska:

54-617 Dangerous dogs; terms, defined. For purposes of sections 54-617 to 54-624:

(3)(a) Dangerous dog means a dog that, according to the records of an animal control authority: (i) Has killed a human being; (ii) has inflicted injury on a human being that requires medical treatment; (iii) has killed a domestic animal without provocation; or (iv) has been previously determined to be a potentially dangerous dog by an animal control authority, the owner has received notice of such determination, and the dog inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the safety of humans or domestic animals.

(4) Domestic animal means a cat, a dog, or livestock. Livestock includes buffalo, deer, antelope, fowl, and any other animal in any zoo, wildlife park, refuge, wildlife area, or nature center intended to be on exhibit

(7) Potentially dangerous dog means (a) any dog that when unprovoked (i) inflicts an injury on a human being that does not require medical treatment, (ii) injures a domestic animal, or (iii) chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack or (b) any specific 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.

Dangerous dogs; actions required; costs; limitations on transport; permanent relocation; procedure.

54-618 Dangerous dogs; actions required; costs; limitations on transport; permanent relocation; procedure. (1) A dangerous dog that has been declared as such shall be spayed or neutered and implanted with a microchip identification number by a licensed veterinarian within thirty days after such declaration. The cost of both procedures is the responsibility of the owner of the dangerous dog. Written proof of both procedures and the microchip identification number shall be provided to the animal control authority after the procedures are completed.

(2) No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash.

(3) Except as provided in subsection (4) of this section or for a reasonable veterinary purpose, no owner of a dangerous dog shall transport such dog or permit such dog to be transported to another county, city, or village in this state.

(4) An owner of a dangerous dog may transport such dog or permit such dog to be transported to another county, city, or village in this state for the purpose of permanent relocation of the owner if the owner has obtained written permission prior to such relocation from the animal control authority of the county, city, or village in which the owner resides and from the county, city, or village in which the owner will reside. Each animal control authority may grant such permission based upon a reasonable evaluation of both the owner and the dog, including if the owner has complied with the laws of this state and of the county, city, or village in which he or she resides with regard to dangerous dogs after the dog was declared dangerous. An animal control authority shall not grant permission under this subsection if the county, city, or village has an ordinance or resolution prohibiting the relocation of dangerous dogs. After the permanent relocation, the animal control authority of the county, city, or village in which the owner resides shall monitor the owner and such dog for a period of at least thirty days but not to exceed ninety days to ensure the owner's compliance with the laws of this state and of such county, city, or village with regard to dangerous dogs. Nothing in this subsection shall permit the rescindment of the declaration of dangerous dog.

54-619 Dangerous dogs; confinement required; warning signs. (1) No person, firm, partnership, limited liability company, or corporation shall own, keep, or harbor or allow to be in or on any premises occupied by him, her, or it or under his, her, or its charge or control any dangerous dog without such dog being confined so as to protect the public from injury.

(2) While unattended on the owner's property, a dangerous dog shall be securely confined, 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. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground at a depth of at least one foot. The pen or structure shall also protect the dog from the elements. The pen or structure shall be at least ten feet from any property line of the owner. The owner of a dangerous dog shall post warning signs on the property where the dog is kept that are clearly visible from all areas of public access and that inform persons that a dangerous dog is on the property. Each warning sign shall be no less than ten inches by twelve inches and shall contain the words warning and dangerous animal in high-contrast lettering at least three inches high on a black background.

SourceLaws 1989, LB 208, § 3; Laws 2008, LB1055, § 18.




I will forever think of this this group of statutes as "Peter's Law" because of his suffering and what he went through protecting his flock. He was attacked and watched the others be killed. Most of the survivors lived because they got up in a cedar tree. We found Peter severely injured between the tree and the coop. I can only assume that his efforts gave the few that lived time to escape. Even the little silkie roos died near the doorway of the coop like they had tried to fend off the attack. Oh great, now I'm crying again.
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