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Kearney postpones proposed animal-control ordinance after wording concerns
Summary
Board postponed consideration of Bills 40-2024 and 41-2024, which would add cats to animal regulations, require spay/neuter and rabies vaccination for outdoor cats, and ban feeding that creates a nuisance; staff will revise language following board feedback and legal guidance.
The Kearney Board of Aldermen on Oct. 7 postponed consideration of proposed animal-control ordinances, Bill 40-2024 and Bill 41-2024, after members and residents raised drafting and scope concerns.
Community Development staff presented proposed amendments to Chapter 205 to add definitions for cats, prohibit animals running at large, require rabies vaccination and spay/neuter for outdoor cats, and to prohibit feeding that "creates a nuisance." The staff presentation included discussion of a $10,000 donation to support trap-neuter-return (TNR) work and identified a potential partnership with the Northland Animal Welfare Society (NAWS) for low-cost spay/neuter services.
Board members and residents questioned specific language in the draft ordinance. Mayor Pogue read a resident concern that the running-at-large language could criminalize a minor walking a family dog, noting the draft says dogs must be held "by a person over the age of 18." City staff said draft language could be revised to allow a minor to walk a dog "with authorization from a person over 18." Members also pressed for a clearer definition of "nuisance" and whether common wildlife feeding (birds, squirrels, deer) would be prohibited. The city attorney advised that major changes would require the ordinance to be reissued for public review and re-read twice if adopted after revision.
After discussion, Alderman moved and the board seconded a motion to postpone consideration of Bill 40-2024 and Bill 41-2024 until staff could revise the language and return at a subsequent meeting; the motion passed and both bills were postponed to the board's next regular meeting. The mayor explained the postponement would allow staff to incorporate the board's clarifications without unintentionally restricting ordinary behavior such as feeding birds or allowing a child to walk a small dog under adult authorization.
Staff indicated they will amend the ordinance language (for example, adding an "or with authorization from a person over 18" clause and clarifying nuisance criteria) and bring revised drafts back for review and formal consideration.
