Dogs in counties
having a population of 80,000 inhabitants or more; convictions; disposition
of offending dog; costs.
In counties having a population
of eighty thousand or more inhabitants and cities of the first class contained
in such counties, if upon final hearing the defendant is adjudged guilty of
any violation of section 54-601 or 54-608, the court may, in addition to the
penalty provided in section 54-613, order such disposition of the offending
dog as may seem reasonable and proper. Disposition includes sterilization,
seizure, permanent assignment of the dog to a court-approved animal shelter or animal rescue as such terms are defined in
section 28-1018, or destruction of the dog in an expeditious and humane manner.
Reasonable costs for such disposition are the responsibility of the defendant.
Source:Laws 1961, c. 268, § 5, p. 787;Laws 1988, LB 630, § 4; Laws 1988, LB 801, § 2;Laws 2008, LB1055, § 11; Laws 2010, LB910, § 4.
Because restitution is imposed as punishment and is part of the criminal sentence, a dispositional order pursuant to this section is akin to a sentencing order, and an appellate court reviews the order for an abuse of discretion. State v. Dittoe, 269 Neb. 317, 693 N.W.2d 261 (2005).
The provision in this section that allows the court to order disposition of an offending dog is similar to section 29-2280, which allows a court to order restitution to the victim of a crime. State v. Dittoe, 269 Neb. 317, 693 N.W.2d 261 (2005).