[Adopted as Ch. 6, Art. I, of the 1976 Code]
[Amended 4-5-1994 by Ord. No. 20-94; 8-3-2010 by Ord. No. 18-10]
A. 
Any person who shall own, keep, or harbor a dog over the age of four months within the municipality shall, within 10 days after acquisition of the dog, acquire a license for each such dog annually by or before the first day of January of each year. Licenses shall be issued by the Police Department upon the payment of a license fee of $4 for each male dog and spayed female dog and $6 for each unspayed female dog. Said license shall not be transferable and no refund will be allowed in case of death, sale, or other disposition of the licensed dog. The owner shall state at the time the application is made, and upon printed forms provided for such purpose, his name and address and the name, age, breed, color, and sex of each dog owned and kept by him and such other information as the governing body may require. A certificate that the dog has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown.
B. 
Every service animal shall be licensed as required by this article, but no license fee shall be charged. Upon the retirement or discontinuance of the animal as a service animal, the owner of the animal shall be liable for the payment of a license tax as prescribed by this article.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The City shall also collect from the licensee a fee of $1.25 for the state Commercial Dog and Cat Operator Inspection Program Cash Fund in accordance with Neb. RS 54-603(3).[2]
(Neb. RS 16-206, 54-603, 71-4412)
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be the duty of each veterinarian, at the time of vaccinating any dog, to complete a certificate of rabies vaccination which shall include, but not be limited to, the following information:
(1) 
The owner's name and address;
(2) 
An adequate description of the dog, including, but not limited to, such items as the dog's breed, sex, age, name, and distinctive markings;
(3) 
The date of vaccination;
(4) 
The rabies vaccination tag number;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
The type of rabies vaccine administered;
(6) 
The manufacturer's serial number of the vaccine used; and
(7) 
The site of vaccination.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Such veterinarian shall issue a tag with the certificate of vaccination as required by state law but such shall not relieve the owner of obtaining a license from the City for any dog. The cost of rabies vaccination shall be borne by the owner of the dog.
(Neb. RS 71-4403)
[Amended 5-2-1995 by Ord. No. 24-95]
Upon the payment of the license fee, the Police Department shall issue to the owner of a dog a license certificate and a metallic tag for each dog so licensed. The tags shall have stamped thereon the license number, the words "SEWARD DOG TAG," and the year for which issued. The metallic tags shall be properly attached to the collar or harness of all dogs so licensed and shall entitle the owner to keep or harbor said dog until the 31st day of December following such licensing. In the event that a license tag is lost and upon satisfactory evidence that the original plate or tag was issued in accordance with the provisions herein, the Police Department shall issue a duplicate or new tag for the balance of the year for which the license tax has been paid and shall charge and collect a fee set by resolution of the governing body for each duplicate or new tag so issued. All license fees and collections shall be immediately credited to the General Fund. It shall be the duty of the Police Department to issue tags of a suitable design that are different in appearance each year. (Neb. RS 54-603)
[Amended 4-7-1987 by Ord. No. 9-87[1]]
It shall be unlawful for any person to keep, or permit to be kept upon premises occupied by him or under his charge or control, any dog kennel, without having first obtained a kennel permit from the Council. Kennel permits may be issued by the Council upon written application, setting forth a description of the premises, and location of the same and such other information as the Council may require. Kennel permits shall be required for any person or persons who keep more than three dogs over the age of four months upon premises occupied by them or under their charge or control. No kennel permit shall be issued for any premises unless it complies with the City's Zoning Codes[2] and until the Council, or its duly authorized personnel, shall first determine upon actual view and inspection that the operation of such kennel will not constitute a violation of the provisions of this article. Kennel permits issued under the provisions of this article shall be effective from January 1 to December 31 of each year, and all permits shall expire on December 31 of the year for which issued; provided the City Clerk is hereby authorized to pro-rate kennel permits based upon the month in which they were applied for. The annual fee for kennel permits shall be set from time to time by the City Council. The Council shall have power and authority to revoke any kennel permit at any time in its sole discretion by refunding the kennel permit fee to the holder thereof; provided, however, the provisions of this section shall not apply to the Animal Shelter or to animal hospitals operated by veterinarians duly licensed under the laws of the State of Nebraska, keeping dogs for others for treatment or boarding.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See Ch. 410, Zoning and Subdivision.
It shall be unlawful for the owner, keeper, or harborer of any dog to permit or allow such dog to wear any license, metallic tag or other municipal identification other than that issued by the Municipal Clerk for dogs, nor shall the owner, keeper, or harborer wrongfully and knowingly license an unspayed female dog with a license prescribed for a male or spayed female dog. (Neb. RS 54-603)
The provisions of this article with respect to licensing and vaccination shall not apply to a dog owned by a person temporarily remaining within the City for fewer than 30 days or to any dog brought into the City for field trial or show purposes. Such dog shall be kept under strict supervision of the owner. It shall be unlawful to bring any dog into the City which does not comply with the animal health laws and import regulations of the State of Nebraska which are applicable to dogs.
Any person who shall harbor or permit any dog to be in or about his or her house, store, or enclosure, or to remain to be fed, for 10 days or more shall be deemed the owner and possessor of such dog and shall be deemed to be liable for all penalties herein prescribed. (Neb. RS 54-606, 71-4401)
It shall be the duty of the governing body, whenever in its opinion the danger to the public safety from rabid dogs is great or imminent, to issue a proclamation ordering all persons owning, keeping, or harboring any dog to muzzle the same, or to confine it for a period of not less than 30 days nor more than 90 days from the date of such proclamation, or until such danger is passed. The dogs may be harbored by any good and sufficient means in a house, garage, or yard on the premises wherein the owner may reside. Upon issuing the proclamation, it shall be the duty of all persons owning, keeping, or harboring any dog to confine the same as herein provided.
All dogs found running at large upon the streets and public grounds of the municipality without a collar or harness are hereby declared a public nuisance. Uncollared dogs found running at large shall be killed or impounded in the Municipal Dog Shelter by the Pound Superintendent. (Neb. RS 54-605)
[Amended 8-1-2016 by Ord. No. 2016-13]
It shall be unlawful for the owner of any dog to allow such dog to run at large at any time within the corporate limits of the municipality, except within the confines of an approved dog park. It shall be the duty of the Municipal Pound Superintendent or Municipal Police to cause any dog found to be running at large within the municipality to be taken up and impounded. "Running at large" shall mean any dog found off the premises of the owner, and not under control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint. (Neb. RS 16-206, 54-607)
The Municipal Pound Superintendent or Municipal Police shall have the authority to kill any animals showing vicious tendencies or characteristics of rabies which make capture impossible because of the danger involved. (Neb. RS 16-206)[1]
[1]
Editor's Note: Original § 6-112 of the 1976 Code, Dogs; Vicious, which immediately followed this section, was repealed 12-2-1986 by Ord. No. 17-86.
It shall be unlawful for any person to hinder, delay, or interfere with any municipal policeman who is performing any duty enjoined upon him by the provisions of this article, or to break open, or in any manner directly or indirectly to aid, counsel, or advise the breaking open of the animal shelter, any ambulance wagon, or other vehicle used for the collecting or conveying of dogs to the shelter. (Neb. RS 28-906)
It shall be unlawful to kill, or to administer, or cause to be administered, poison of any sort to a dog, or in any manner to injure, maim, or destroy, or in any manner attempt to injure, maim, or destroy any dog that is the property of another person, or to place any poison, or poisoned food where the same is accessible to a dog; provided that this section shall not apply to the Municipal Pound Superintendent or municipal policemen acting within their power and duty.
It shall be unlawful for any person to own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, or yelping shall annoy or disturb any neighborhood, or person, or which habitually barks at or chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the municipality.
It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting, or by any gesture or word to encourage the same to fight. (Neb. RS 28-1004 through 28-1006)
It shall be unlawful for any person to allow a dog owned, kept, or harbored by him, or under his charge or control, to injure or destroy any real or personal property of any description belonging to another person. The owner or possessor of any such dog, in addition to the usual judgment upon conviction, may be made to be liable to the persons so injured in an amount equal to the value of the damage so sustained. (Neb. RS 54-601, 54-602)
It shall be unlawful for any person to remove, or cause to be removed, the collar, harness, or metallic tag from any licensed dog without the consent of the owner, keeper, or possessor thereof. (Neb. RS 17-526)
[Amended 2-7-1978 by Ord. No. 1125; 10-20-1981 by Ord. No. 40-81; 3-1-1994 by Ord. No. 8-94]
It shall be the duty of the Municipal Police to capture, secure, and remove in a humane manner to the Municipal Animal Shelter any dog violating any of the provisions of this article. The dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded dog shall be kept and maintained at the pound for a period of not less than five days after public notice has been given unless reclaimed earlier by the owner. Notice of impoundment of all animals, including any significant marks or identifications, shall be posted at the office of the Municipal Clerk within 24 hours after impoundment as public notification of such impoundment. Any dog may be reclaimed by its owner during the period of impoundment by payment of a general impoundment fee and daily board fee as set by resolution of the governing body and on file in the office of the Municipal Clerk. The owner shall then be required to comply with the licensing and rabies vaccination requirements upon release. If the dog is not claimed at the end of required waiting period after public notice has been given, the Municipal Police may dispose of the dog in accordance with the applicable rules and regulations pertaining to the same; provided that if, in the judgment of the Municipal Police, a suitable home can be found for any such dog within the municipality, the dog shall be turned over to that person and the new owner shall then be required to pay all fees and meet all licensing and vaccinating requirements provided in this article. The municipality shall acquire legal title to any unlicensed dog impounded in the Animal Shelter for a period longer than the required waiting period after giving notice. All dogs shall be destroyed and buried in the summary and humane manner as prescribed by the Board of Health unless a suitable home can be found for such dog. (Neb. RS 16-235, 16-236, 71-4408)
The City Council shall have the authority to enter into a contract with any veterinarian, kennel, or any like institution for the purpose of carrying out the provisions for an animal shelter. The Superintendent of the Animal Shelter shall receive all orders from the Council and shall make all reports to the Council.
The City shall provide an animal shelter wherein all dogs in violation of this article shall be required to be impounded under the provisions of this article. The Council may, when necessary, employ or appoint a Superintendent of the Animal Shelter and such other assistants with authority to arrest under the provisions of this article, or when convenient, designate and detail a police officer to work in conjunction with said Superintendent with like authority. It shall be unlawful for any person, other than authorized personnel, to take up, detain or confine any dog not the property of such person.
The Council shall appoint the Superintendent of the Animal Shelter and fix his salary. The Superintendent shall hold his office at the pleasure of the Council and may be removed by the Council at any time. The Council may in its discretion designate the Chief of Police as Superintendent of the Animal Shelter and fix his salary, if any, for such duties.
The Superintendent shall keep accurate account of all dogs received by him at the shelter and released by him to the owner or purchaser, showing the date and from whom received, the description of the dog, the name and address of the person or persons releasing or purchasing. He shall keep a like accurate account and description of all dogs destroyed by him. On the last day of each month, the Superintendent shall forward to the Council an accurate and complete account of all moneys received by him during the month under the provisions of this article, together with a statement of the number of dogs in the shelter at the first of the month, the number received, the number destroyed, the number released or sold, and the number on hand at the end of the month.
The Superintendent shall not receive a dog into the shelter from any person unless such person shall give his full name and place of residence, which shall be registered in a proper book kept by the Superintendent. It shall be unlawful for any person delivering to or receiving any dog from said shelter to give any false information concerning the same.
The Animal Shelter shall be safe, suitable, and conveniently located for the impounding, keeping, and destruction of dogs. The shelter shall be sanitary, ventilated, and lighted.
The Superintendent may take into custody for observation at the Animal Shelter any dog which has bitten any person or another animal, or any dog that manifests a disposition to bite, or any dog suspected of being afflicted with rabies, or any dog not vaccinated or re-vaccinated in accordance with this article, or any dog that in the opinion of the Superintendent needs observation; and may hold such dog for the period of time necessary, not exceeding 10 days, to observe and determine its condition. Should any dog so held for observation be found to be suffering from rabies or be of such a nature as to endanger the public generally, the Superintendent shall cause such dog, after examination by a licensed veterinarian, to be destroyed in a humane manner. The Superintendent and any police officer may enter upon any private premises for the above purposes. The Superintendent shall, upon the request of the City or County Board of Health, take into custody any dog for observation and shall hold such dog for the period of time necessary, not to exceed 10 days, and shall not release any such dog except upon examination by a veterinarian and upon the direction of the Seward Board of Health. Before any such dog shall be released, the person to whom it is released shall submit proof, in the form of a certificate issued and signed by a licensed veterinarian or other person, authorized by law to administer rabies vaccination, that such dog has been vaccinated for rabies as provided by this article.
[Added 8-1-2016 by Ord. No. 2016-13]
A. 
Establishment and regulation of a dog park. The City of Seward hereby establishes a dog park located along East Seward Street and Plum Creek Trail. The City of Seward Parks and Recreation Department shall be responsible for establishing the boundaries of the dog park. The Seward Parks and Recreation Department may promulgate and post guidelines at the dog park based on the rules and regulations herein.
B. 
Dog park rules and regulations.
(1) 
Dogs are permitted to run loose in the dog park, but must be on a leash prior to entering the dog park and returned to a leash prior to exiting the dog park.
(2) 
The City of Seward shall not be responsible for any person or dog using the dog park.
(3) 
All dog owners are responsible for their own dog or dogs once entering the fenced-in area of the dog park.
(4) 
All dogs must bear a permit ID pursuant to the Seward City Code.
(5) 
Female dogs that are in season or in heat are not permitted in the dog park.
(6) 
Dogs known to exhibit vicious, fierce, aggressive or dangerous behavior are not permitted in the park at any time.
(7) 
No food, whether for animal or human consumption, shall be allowed within the dog park.
(8) 
All dog owners must clean up dog droppings made by their dogs. All droppings must be placed in a bag and deposited in receptacles provided by the dog park. Failure of an owner to clean up after his or her pet can lead to dismissal from the park.
(9) 
Digging is not permitted, and dog owners must fill in any holes left by their dog.
(10) 
Children must be accompanied by an adult at all times.
(11) 
All dogs must have current vaccinations.
(12) 
No smoking is allowed in the dog park.
(13) 
Glass containers are not allowed in the dog park.
(14) 
No bicycles, skateboards or motorized vehicles are allowed in the park.
(15) 
Dog owners shall maintain visual contact with their dogs at all times.
(16) 
All gates shall be immediately closed after any person enters or exits the dog park.
(17) 
No alcohol is permitted in the dog park.
(18) 
The dog park may only be used between sunrise and sunset. No person or animal shall be allowed in the dog park between sunset and sunrise.
(19) 
All Seward recreation and park rules and the Municipal Code of Seward apply to the dog park, except as provided herein.
Any person who violates the prohibitions or provisions of this article shall be deemed guilty of a violation. The penalty for such violation shall be an amount not to exceed $500 for any one offense, recoverable with costs, and in default of said payment the offender shall stand committed to the County Jail until such fine and costs are paid. Each period of 24 hours during or on which a violation occurs or continues shall be deemed a separate offense.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).