Nebraska

NE - Lien, veterinary - Article 7. Veterinarian's Lien.

Summary: These Nebraska laws provide the state's veterinary lien provisions, which concern only liens on livestock animals. Under Section 52-701, a licensed veterinarian who is contracted or hired to treat or in any way take care of any kind of livestock has a lien on that livestock for the reasonable value of services and medicines provided. This lien is treated as an agricultural lien under the UCC and may be enforced in the manner of other secured transactions in article 9 of the UCC. The lien must be perfected as provided under article 9 with the information outlined in this law.

Van Kleek v. Farmers Insurance Exchange

Summary: Plaintiff agreed to watch a couple’s dog while they were out of town. While plaintiff was caring for the dog, the animal bit her on her lower lip. Plaintiff filed a claim with the couple's insurance company. The insurance company rejected the claim because the plaintiff was also "insured," defined to include “any person ... legally responsible” for covered animals, and the policy excluded coverage for bodily injuries to "insureds." Plaintiff filed an action for declaratory judgment against the insurance company, seeking a determination that the policy covered her claim. The insurance company moved for summary judgment, and the district court sustained the insurance company's motion, reasoning that plaintiff was “legally responsible” for the dog because she fed and watered the animal and let it out of the house while the couple was away. The Supreme Court of Nebraska affirmed and held the insurance company was entitled to summary judgment.

Detailed Discussion of Nebraska Great Ape Laws

Summary: Nebraska, like many other states, addresses the question of who may possess a Great Ape by reference to federal law. Nebraska's Nongame Endangered Species Conservation Act states that it is "unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of conservation...." As with other states, Nebraska also has exceptions to the ban against possessing endangered species under its provisions concerning possession of captive wildlife. Great Apes do fall under the definition of "animal" in Section 28-1008, and are thus covered by the general ban against cruelty. The statute, however, carves out an exception for research facilities that meet federal standards.

NE - Cruelty - Article 9. Livestock Animal Welfare Act

Summary: In 2010, Nebraska enacted the Livestock Animal Welfare Act. The act makes the intentional abandonment, neglect, or cruel mistreatment of livestock (bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds, or poultry) a Class I misdemeanor (Class IV felony for subsequent offenses). Further, the act criminalizes "indecency with a livestock animal," which is a Class III misdemeanor. A person who is convicted of a Class IV felony under 54-903 (the abandonment/cruel neglect or mistreatment provision) shall also be ordered by the sentencing court not to possess a livestock animal for at least 5 years after the date of conviction.

NE - Dangerous - ARTICLE 6. DOGS AND CATS. (B) DANGEROUS DOGS.

Summary: These Nebraska statutes outline the state's dangerous dog laws. Among the provisions include a requirement that the dog must be restrained when not in a secure enclosure on the owner's property. There is also a requirement that owners must post warning signs on the property notifying people that a dangerous dog is present. If a dangerous dog bites a person, the owner can be found guilty of a Class IV misdemeanor and the dog will be destroyed.

NE - Livestock - Article 23. Domesticated Cervine Animal Act

Summary: This set of laws comprises Nebraska's Domesticated Cervine Animal Act. Under the act, it is unlawful for any person to own, possess, buy, sell, or barter any domesticated cervine animal in this state unless such animal is individually identified and kept at a premises for which a domesticated cervine animal facility permit has been issued by the department. A municipal, state, or federal zoo, park, refuge, or wildlife area, a bona fide circus or animal exhibit, or any private, nonprofit zoological society is not required to obtain a permit in order to own, possess, buy, sell, or barter a domesticated cervine animal, but such facilities are still governed by the provisions of the act regarding the testing, control, and eradication of cervidae diseases including chronic wasting disease.

NE - Horse Slaughter - Article 19. Meat and Poultry Inspection. (a) Nebraska Meat and Poultry Inspection Law

Summary: The Nebraska Meat and Poultry Inspection Law assures that only wholesome meat and poultry products enter regular commercial channels of commerce and to provide that same are identified and truthfully labeled. It is unlawful under the act for any person to operate or maintain any establishment unless first licensed by the department. With regard to horses, it is unlawful for any person to sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the director to show the kinds of animals from which they were derived.