[Adopted 11-17-1992 by Ord. No. 26-92; amended in its entirety 8-1-2016 by Ord. No. 2016-13]
The following words and phrases, when used in this article,
shall have the following meanings respectively ascribed to them:
Any living creature, domestic or wild.
Any premises designated by City administrative authority
for the purpose of impounding and caring for animals held under authority
of this article.
Every animal shall be considered running at large when it
is physically off the property of the owner and not under the immediate
restraint of a competent person.
Includes:
Any two-legged, feathered, winged creature.
Any person engaged in the business of breeding, buying, selling
or boarding dogs, cats and/or other domestic animals.
All cattle, swine, horses, mules, bison, sheep, goats and
other grazing animals.
Any person, group of persons, association of persons, partnership
or corporation who or which shall own, keep or harbor any animal or
permit the same to habitually remain or be fed in or about such owner's
premises.
An animal is under restraint only when controlled by a leash
or when in the immediate company of a competent person and obedient
to that person's command or when on or within a vehicle being
driven or parked on the streets of the City.
Any live monkey or ape, raccoon, skunk, fox, opossum, coyote,
wolf, snake or other reptile, leopard, panther, tiger, lion, lynx
or any other animal or any bird of prey which can normally be found
in the wild state.
A.
It shall be unlawful for any person to keep, own or harbor any fowl,
livestock, hoofed, exotic or wild animal within the City limits of
the City of Seward unless a permit has been obtained. This section
shall not apply to educational institutions, exhibitions sponsored
by the Seward County Agricultural Society or veterinary clinics.
B.
Permits authorizing the keeping of fowl, livestock, hoofed, exotic
or wild animals within the City limits shall be issued by the City
Administrator in his sound discretion, with right of appeal to the
City Council. The following criteria shall be considered by the City
Administrator when issuing such permits:
(1)
The applicant must comply with all City, state and federal statutes
regarding the animal in question.
(2)
The applicant must provide proof that there are no objections
from property owners or residents living within 75 feet in all directions
from the property lines of the applicant.
[Amended 5-15-2018 by Ord. No. 2018-13]
(3)
The applicant must provide a description of the type of enclosure
for confinement of the animal, and the same must be suitable for the
type of animal and approved by the City Administrator.
(4)
The applicant, after issuance of the permit, must continue to
comply with all City, state and federal statutes or the permit can
be revoked by the City Administrator, subject to right of appeal to
the City Council.
(5)
The applicant must provide a certificate from a licensed veterinarian
verifying that the animal has no health problems that could adversely
affect the health, safety and welfare of the citizens of the City
of Seward.
C.
No household or residence shall have more than three animals requiring
a permit. This subsection shall not apply to chickens or small caged
birds or aquatic or amphibious animals kept solely as pets.
[Amended 5-15-2018 by Ord. No. 2018-13]
D.
A person who keeps or houses chickens on his or her property shall
comply with all of the following requirements:
[Amended 5-15-2018 by Ord. No. 2018-13[1]]
(1)
No more than 10 chickens may be kept on any one lot. Any chickens
under the age of 30 days are excluded from this number.
(2)
The principal use of the property shall be a single-family dwelling.
(3)
No person shall keep any rooster.
(4)
No person shall slaughter any chickens within the City limits.
(5)
The chickens shall be provided with a covered enclosure. Such
covered enclosure (or coop) shall contain at least four square feet
of floor area per hen, and the fenced enclosure shall provide at least
10 square feet of open area per hen. No covered enclosure shall exceed
120 square feet of floor area.
(6)
A person shall not keep chickens in any location on the property
other than in the rear yard. For purposes of this section, "rear yard"
means that portion of a lot enclosed by the property's rear lot
line and the side lot lines to the points where the side lot lines
intersect with an imaginary line established by the rear of the dwelling
and extending to the side lot lines.
(7)
No covered enclosure or fenced enclosure shall be located closer
than 10 feet to any property line of an adjacent property.
(8)
All enclosures for the keeping of chickens shall be so constructed
or repaired as to prevent rats, mice, or other rodents from being
harbored underneath, within, or within the walls of the enclosure.
A covered enclosure or fenced enclosure shall not be located closer
than 40 feet to any residential structure on another person's
property.
(9)
All feed and other items associated with the keeping of chickens
that are likely to attract or to become infested with or infected
by rats, mice, or other rodents shall be protected so as to prevent
rats, mice, or other rodents from gaining access to or coming into
contact with them.
(10)
All chickens and other items associated with the keeping of
chickens must be kept in a clean and sanitary condition so as not
to give off offensive odors which are a source of discomfort to persons
residing in the vicinity thereof.
(11)
The owner of any chickens shall not allow offal, manure, or
waste material of such animal to accumulate or remain in the coop,
enclosures, and shelter areas in which such animal or chickens reside
or are confined in any manner which is conducive to the breeding or
attraction of flies, mosquitoes, or other noxious insects or in any
manner which endangers the public health or safety or which creates
an unhealthy environment.
(12)
The owner of any chickens shall, in a sanitary manner, remove
or dispose of all offal, manure, and waste material accumulating from
such chickens at least once every seven days.
(13)
No person keeping or harboring any chickens shall permit such
chickens to go loose or run at large. In the event that any chicken
found running at large is creating a hazard to the safety of others
or another person's property, such chicken shall be destroyed
if it cannot be confined or captured. The City shall not be required
to give notice to the owner of the chicken prior to its destruction.
(14)
The maintenance or permitting of any of the foregoing conditions
on any such lot or parcel of ground is hereby declared to be a public
nuisance.
(15)
Eggs produced by permitted chickens may be sold by the permit
holder.
E.
No venomous snakes shall be permitted in the City of Seward.
F.
Upon issuance of a permit authorized under this section, the permit
holder shall immediately post a notice provided by the City which
states "Animal(s) Requiring City Permit Located on the Premises."
Such notice shall be displayed in a conspicuous location visible to
the public at the front entrance of the house.
It shall be unlawful for any owner to fail to exercise proper
care and control of his animals to prevent them from becoming a public
nuisance. Excessive, continuous or untimely barking, molesting passersby,
chasing vehicles, habitually attacking other domestic animals, trespassing
upon private property, noxious or offensive odors emanating from their
living conditions or unsanitary living conditions shall be deemed
a nuisance.
It is unlawful for any animal to run at large within the City,
except within the confines of an approved dog park. Every animal shall
be considered running at large when it is physically off the property
of the owner of the animal, and not under immediate restraint of a
competent person.
A.
No person shall have, keep, harbor or allow to remain upon his premises
any vicious or notoriously cross animal or an animal that may manifest
a disposition to bite or attack any person without having the same
properly secured and muzzled.
B.
Proof of the fact that the animal has bitten or attacked any person
at any place where a person is legally entitled to be is evidence
that the animal is vicious within the meaning of this section.
C.
If, after conviction under this section, it appears that the animal
is still living, the County Judge may, in addition to any other penalties
provided for in this section, order the Chief of Police or his designee
to forthwith cause such animal to be destroyed, and for that purpose
any such person in charge of such duty shall have the right to enter
upon any premises within the City.
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.
