City of Seward wants to take away snakes!!!

Ok, so the other day, I had an officer come up to my door because they got the general complaint about dogs barking...etc. After he whined to me about the dogs, which are inside for most of the day, he asked to see my snakes. Me, thinking nothing of it let him in my house(which I should have made him get a warrant) to see my snakes. He saw only 4 of the snakes that I own, but told me that I needed a "kenneling permit" since I had more than three. They fall under the category of "wild or exotic species" which means they fall under the kenneling category. The link to the ordinance is here and the info is about half way down the page under Regulation of Animals within the Corporate Limits http://www.cityofsewardne.com/Buildi...itycode/c6.pdf. You can type 212 in the search engine to get there. Anyways, since I need to get the permit, I have to go get signatures from people that live within 200ft of my house. There is a crazy lady that lives next door to me will not sign and I think she is the one who called the cops. I talked to her to get her to sign and gave her several instances where snakes are better than cats or dogs and she replied "I don't like snakes!" to everything I said to her. She is just a renter and I know the home owner so I don't think that I should have any problem getting him to sign the petition. I will be trying to get a permit within the next few weeks just to keep the city cops happy, but if I don't get a permit then I want to know how many people would be willing to call or send letters for me.

I will provide numbers of the City Administrator as well as his office address if I don't get the permit. But I just wanted more people behind me because for all I know, I am the only snake owner in Seward Nebraska right now, or the only one that has a crazy old lady that lives next to me. I will post updates as the time comes, but it would be great to have people supporting me if I need to get the city ordinance changed. Thanks everyone!

Ok, so now the city police have told me that I must get everyone to sign my petition and if just one person doesn't sign then the permit is voided. I have already signed up to be on the agenda of the Seward city council meeting to discuss my case with the coucil and talk to them to allow my permit. I will probably need all the help I can get considering it is a small town and they want to keep everyone happy. If you have any useful information such as what points to raise or how to go about persuading them to allow the permit then let me know asap. I have already thought of an approach by telling them what I own and that the species of snakes I have have no record of ever injuring a person considering they will all be thinking of the Florida python case. If anyone has ever had a case like this or has any information then email me at hinrichs_football@hotmail.com or send letters to 1239 Sunrise Drive, Seward Ne 68434. Thanks and all the help is appreciated!!

Make sure the cops are not only correct but the proper agency to enforce regulations. If they're not then it is possible that you have been misinformed.

Ask to see the guidelines in writing.

I think that the cops are the only ones in town to enforce the ordinance. They have been the only ones in contact with me about the issue. He has shown me the ordinance several times and has explained that I am in violation of the kenneling ordinance or exotic pets ordinance. The link for the ordinance is up top and the info is under misc animals.

if you need any help with letters and what not, im in.

That ordinance seems completely ridiculous. If you need help flooding them with letters count me in.

That's rediculous, I'd write a letter for you.

That ordinance contradicts itself.
Here is the definition of a kennel from the ordinance.

Quote:

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KENNEL shall mean any person engaged in the business of breeding, buying,
selling or boarding dogs, cats and/or other domestic animals.

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Requirements for a kennel permit according to the ordinance.

Quote:

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Any residence which shall keep over three (3) pets of the same species,
over the age of three (3) months, shall be considered a kennel, and shall
be subject to all ordinances covering kennels and all zoning ordinances in
connection therewith.

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How can you be considered a kennel when the 3 animals are not what the city defines as ones that fall under the description of a kennel?
There is also no mention in the ordinance about needing neighbors permission in order to apply for the permit.
A kennel permit according to the ordinance only applies to dogs and you only need to submit an application.

Quote:

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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 (3) dogs over the age of si x (6) months upon premises occupied by him or
under his charge or control. No Kennel Permit shall be issued for any premises unless
it complies with the City's Zoning Codes and until the Council, or their 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 first
(1st) to December thirty-first (31st) of each year, and al l permits shall expire on
December thirty-first (31st) of the year for whi ch 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 thirty ($30.00) dollars. 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.

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Steve, this guy doesn't really want any help. He's going to believe what the man in uniform tells him. He's not going to do any research on his own that can't be done from his computer.

He's not going to insist that he see the ordinance in writing. He's not going to insist that he know just who is supposed to enforce animal related ordinances and/or laws. He's just not going to do what you would and find out exactly what the scoop is.

Well, it seems that way anyhow. I hope I'm wrong but I've seen this before, scenario wise, and it generally winds up with no one happy except the original complainant.

Eh, you tried, I tried, others tried.

Read the ordinance "Very carefully" I have scanned it and believe SPJ is correct. There is "NO" requirement for signing of any petition to aquire the permit. But, I say again read the ordinance very carefully and completely before you fire off. If this is correct then go apply for the permit without trying to get a petition signed. If the city asks for it show them a copy of the ordinance and ask them to show you where it says a petition is required. But above all be polite, and do not loose your cool. They have the key to your pet success. Good Luck

Thanks for everyone that is willing to send letters. If you could, I know its going to be hard for me, but try to be nice, kind, loving, and all that mushy good feeling stuff when you write letters. Try not to chew them out for having a rediculous rule, which it deserves, because it will probably make them all upset and hurt their feelings therefor hurting are chances. Thanks everyone!

--------------------------------------------------------------------------------

City Administrator Daniel Berlowitz, ADA Coordinator, 537 Main

Street, Seward, Nebraska 68434, Telephone (402) 6432928

(voice) and (402)6432928

I'm still not sure they have this ridiculous rule.

Are you sure they do?

Drawing attention to a situation that doesn't need it isn't going to help you.

Before you get a letter writing campaign going, be sure you need one.

Bureaucracy is complicated and often bites its own tail.

Go apply for the permit first then deal with the fallout.

You may get it with nothing else being done on your part.

I would be more worried about this:

6-212 section A:

EXOTIC ANIMAL shall include:
a. Canines, felines and other animals not customarily domesticated in the
United States.
2. Marsupials, primates, bears, and birds of prey.
3. Any species prohibited and/or regulated by the State of Nebraska by
statue, and
4. Any mix or breed of any of the species mentioned above.

and section B:

Livestock, Hoofed And Exotic And Wild Animals Prohibited; Permits Required.
1. 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.
2. Permits authorizing the keeping of fowl, livestock, hoofed, exotic or wild
animals with in the City limits shall be issued by the City Administrator in
his sound discretion, with right of appeal to the City Council.
3. Pets authorized under this section requiring a permit shall be limited to
one (1) per household or residence. This section shall not apply to small
caged birds or aquatic or amphibious animals kept solely as pets.

I would say that if you need a petition then talk to the property owners not the renters. After all, it's the property owners who pay city and county property taxes...


Rob


P.S. Before you go before the City Council watch the movie "Footloose." Do your research and make them think...

I was told by the officer that I must have signatures from everyone within 200 feet and I have 2 people within that limit that will not sign. He told me that they must sign or the permit petition is voided. I haven't heard anything from the administrator yet, but I am assuming that he will not give the permit considering he is the one that told the officer that I must have everyone's signature. I figured that if people sent letters to him, educating him on the positive points of reptiles and how they are no nuisance to the public, especially in my basement. If you want to send letters in regard to the situation I would think that it would help the administrator realize how many people actually keep reptiles and how they can do nothing to anyone. The only thing that reptiles do right now is strike fear in the hearts of uneducated people or people with irrational fears due to the media making them all sound like killers.

Hi,

Or, conversely, he might get annoyed with all the increase in his workload from out of town/ state correspondance and look upon your application with renewed displeasure. :weirdface

You have to look at both sides before starting a campaign like that.


dr del

So how do your neighbors know that you have snakes in the basement?

My neighbor doesn't exactly know that I have snakes in my basement, she just claims that I have them in my basement. She looked in my window and saw a shadowy figure that looked like a snake then she assumed that it was a snake and called the cops. Me not thinking it was a bad idea, allowed the officer to look at them and he didn't think that I had anything wrong besides the fact that they have a bogus ordinance that applied to them.

That really sounds like a load of crap. What it sounds like is that somebody that has some pull used their strings because they have it out for you.

I'm not sure how many dogs you have, but what you should do is house the snakes at a friends house, or a family members house that don't mind, and tell them you got rid of the snakes. If anything goes from there file a complaint that you're being harassed.

A few years back I had a similiar situation with one of my neighbors and something like that, she pulled some strings, and I pulled higher strings, and got her in some trouble for some other stuff. So needless to say it came to an end.

Regardless of how you got turned in or who did it, the laws are there. As stupid as they are.

Staying in that house, in the city limits, with more than one snake, without a permit - you are breaking the law.

Get the law changed, or move outside city limits, or drop to one snake and get a permit for it, or face the consequences for knowingly breaking the law.

It really sucks, but your gonna have to deal with it somehow. Good luck to ya.

Quote:

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Originally Posted by wilomn

Steve, this guy doesn't really want any help. He's going to believe what the man in uniform tells him. He's not going to do any research on his own that can't be done from his computer.

He's not going to insist that he see the ordinance in writing. He's not going to insist that he know just who is supposed to enforce animal related ordinances and/or laws. He's just not going to do what you would and find out exactly what the scoop is.

Well, it seems that way anyhow. I hope I'm wrong but I've seen this before, scenario wise, and it generally winds up with no one happy except the original complainant.

Eh, you tried, I tried, others tried.

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I have done all the research and I have asked a ton of people as well as showed them the ordinance. The only thing that I have been told is that I have to follow what the city administrator says and he has told the cops all that they have told me. The ordinance is bogus and very open ended, but this can only be addressed at a city council meeting. I don't know if you are saying that I haven't done any research or don't want any help, but I have done a lot of research and asked a ton of people about the situation; I have even asked people that have gone through similar situations as I. I do think that they are right on the ordinance because it is so open ended and can include almost any pet if you think about it. The way I am understanding the permit issue is that I need to convince the council to revise the ordinance and considering the paperwork that they got me was from 1992, they are almost required to change the ordinance.

Quote:

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Originally Posted by wilomn

He's not going to insist that he see the ordinance in writing. He's not going to insist that he know just who is supposed to enforce animal related ordinances and/or laws. He's just not going to do what you would and find out exactly what the scoop is.

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I don't know if this is referring to me, but I have the ordinance in writing and the town is small enough that the city police is the one to do the enforcing the ordinances and laws. I am just looking for people's opinions and help if I need it which I am finding out that I do. I do not need any criticism if this is aimed towards me because it seems like everyone else wants to help.

Ok Cops have very limited understanding of what the laws they enforce are. Go to your city clerk and apply for the kenneling permit. Do not say that its for snakes until you have too. Its not relevant. If and only if the city clerks office gives you a petition should you worry about getting one signed. At that point ask what the criteria are.

Next go to your city counsel meeting and try to get a chance to speak. Take every second they allow to tell a story about how the cop wants to take your 4 cats. If anyone tries to interrupt you quickly say "I have the floor, point of order" Figure out what rules the committee uses and use them. Then at the end say "Oh yeah minor correction, I have 4 snakes, not cats, but the law applies to cats too.

Next find some cat poop. Put it on your yard. Complain to the cops that your old lady neighbors cat poop on your lawn, and that when you went to complained to her you saw she has more than 3. Chances are its true.

Wow I am from Nebraska City I am glad I don't have my collection there as I have around 40 balls now. Anyways you should be able to fight this easy enough with the previous suggestions.

the first lesson you should learn from this is no warrant no entry...
lesson 2 from the looks of the ordinance it looks like you should only have one and need a permit for that...
surely your town has a code enforcement officer they can not just start ordering you to do this or that...
what happens is they get a complaint then they send someone to see
then they issue you a ticket for what they think you violated...
then you have 2 options you ignore it and take it to court or just pay the fine.


this case does sound like someone is trying to flex political muscles.. legally they have to tell you who filed the complaint

Hey everyone! Thanks for the advice. I especially like the cat poop idea!!! That is the funniest idea I have heard yet. Got a good laugh out of it:rolleye2:. I just recently found this article that I think will help me out a lot. I have been trying to put together all the facts and this article has them all!! Great for reptile owners and for people deathly afraid of snakes! http://www.rexano.org/SafetyFrame.htm This organization is for the defense of exotic animals. Great for reptile owners.