[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]
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;
(5)
The type of rabies vaccine administered;
(6)
The manufacturer's serial number of the vaccine used; and
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.
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.
