[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:
ANIMAL
Any living creature, domestic or wild.
ANIMAL SHELTER
Any premises designated by City administrative authority for the purpose of impounding and caring for animals held under authority of this article.
AT LARGE
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.
EXOTIC ANIMAL
Includes:
A. 
Canines, felines and other animals not customarily domesticated in the United States;
B. 
Marsupials, primates, bears, and birds of prey;
C. 
Any species prohibited and/or regulated by the State of Nebraska by statute; and
D. 
Any mix or breed of any of the species mentioned above.
FOWL
Any two-legged, feathered, winged creature.
KENNEL
Any person engaged in the business of breeding, buying, selling or boarding dogs, cats and/or other domestic animals.
LIVESTOCK
All cattle, swine, horses, mules, bison, sheep, goats and other grazing animals.
OWNER
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.
RESTRAINT
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.
WILD ANIMAL
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.
[Amended 5-15-2018 by Ord. No. 2018-13; 5-6-2025 by Ord. No. 2025-12]
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.
(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.
D. 
A person who keeps or houses chickens on his or her property shall comply with all of the following requirements:
(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.
(16) 
If the applicant for chickens lives on a parcel of more than 2.5 acres, then they must provide proof that there are no objections from property owners or residents of any adjacent property of which any structure is within 75 feet of the location of the covered enclosure (or coop). This requirement is in lieu of the requirements of § 213-3.2B(2) above.
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.
A. 
Any residence which shall keep over three pets of the same species, over the age of four months, shall be considered a kennel, and shall be subject to all ordinances covering kennels and all zoning ordinances in connection therewith.[1]
[1]
Editor's Note: See Ch. 410, Zoning and Subdivision. Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Subsection A shall not apply to small caged birds or aquatic or amphibian animals kept solely as pets.
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: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).