As used in this Chapter the following terms shall have these
prescribed meanings:
Leaving a dog, cat or other animal in the City and not providing
food, water or shelter. This shall include not redeeming a dog, cat
or other animal at an animal shelter or kennel.
An officer or agent designated by the City of Lake Tapawingo
to enforce this Chapter and may include a Police Officer.
A dog, cat or other animal shall be deemed to be at large
when off the property of the owner and not under restraint.
Any animal having evidenced a disposition, propensity or
tendency to attack or bite any person or other animal without provocation,
or any animal which, without provocation, in a vicious or terrorizing
manner, approaches any person in apparent attitude of attack upon
the streets, sidewalks, or any public grounds or places; or any animal
which is wild by nature and of a species which, due to size, vicious
nature or other characteristics, constitutes a danger to human life,
physical well-being, or property; or any animal which has been found
to be vicious, dangerous, or a danger or menace to persons or other
animals by a court of law of another jurisdiction after a hearing
or upon a plea agreement is hereby deemed to be a dangerous animal.
For the purpose of this Chapter, where the official records of the
Animal Control Office or the Police Department of this City or any
other jurisdiction establish that an animal has bitten any person
or other animal on one (1) or more separate occasions without provocation,
such evidence shall be prima facie evidence that said animal is a
dangerous animal. In making a determination as to whether an animal
is dangerous, elements that may be considered, but are not required
to be, are provocation, location of the event, reason for the attack,
whether the animal is acting protectively, whether the animal was
tormented or abused, the seriousness of an attack, and previous attacks.
Shall mean bitten by, or fought with, or has come in close
contact with an animal showing symptoms of rabies.
Care of an animal to include, but not be limited to, adequate
heat, ventilation and sanitary shelter, wholesome food and water,
consistent with the normal requirements and feeding habits of the
animal's size, species and breed.
An establishment kept for the purpose of breeding, selling,
or boarding dogs or cats or engaging in training dogs or cats.
Rendered permanently incapable of reproduction.
The person having the right of property or custody of a dog,
cat, or animal or who keeps or harbors a dog, cat, or animal or knowingly
permits a dog, cat or animal to remain on or about any premises occupied
by that person.
A dog, cat, or animal is under restraint if it is within
a fully enclosed or fenced area or under the handheld leash of owner
or agent of the owner, or on a leash confining such dog, cat, or animal
to the yard of its owner.
A female dog or cat certified by a licensed veterinarian
to have been spayed.
A dog, cat, or animal that constitutes a physical threat
to humans or other domestic animals.
The provisions of this Chapter shall be enforced by Police and/or
Animal Control Officers.
[Ord. No. 908 §1, 2-17-2011]
It shall be unlawful for any person to own, keep or harbor more
than four (4) adult animals over the age of six (6) months in a zoned
residential neighborhood. Five (5) or more animals will constitute
a commercial kennel and require proper zoning and an occupational
license issued by the City License Collector. Notwithstanding any
provision in this Code to the contrary, no person shall own, keep,
raise or harbor chickens, ducks or geese.
A dog or cat or other animal owner shall keep his/her dog, cat,
or other animal under restraint at all times.
The owner of a dog, cat or other animal shall provide it with
humane shelter from heat, cold, rain, wind and snow, and shall give
it food and water adequate to keep the animal in good health and comfort.
Animal shelters, to include dog houses and kennels, must be soundly
constructed, dry and provided in cold weather with clean bedding.
All dogs or cats must be given an opportunity for vigorous daily exercise
and must be provided by their owners with veterinary care when needed
to prevent suffering. No owner shall permit a dog or cat to bark,
howl, meow or cry, in such a manner that it annoys or disturbs a reasonable
man. No owner shall allow to accumulate excrement or other waste material
such that either the odor or smell of the same is offensive to a reasonable
man located off the owner's property, or the condition creates a health
hazard to man or animal, or unreasonably interferes with the normal
enjoyment of another person's property. No owner of a dog, cat or
other animal shall abandon his or her dog, cat or animal.
It shall be unlawful for any person within the City to inhumanely,
cruelly or unreasonably whip, beat or abuse any animal.
It shall be the duty of every owner to confine any female dog
or cat in heat within a building, in such a manner that the dog or
cat will not be accessible to other dogs or cats except for planned
breeding and will not attract male dogs or cats.
A.
Every
animal that has bitten any person or persons shall be immediately
confined by the owner, who shall promptly notify a Police Officer
or Animal Control Officer. The owners shall, upon demand by a Police
Officer or Animal Control Officer, surrender any such animal for quarantine
in the designated City Pound, or a licensed veterinary hospital, and
shall be held responsible for all costs incurred during the quarantine
period. The animal must, in any event, be quarantined for ten (10)
days. The owner shall pay all boarding fees and costs of having his/her
animal vaccinated against rabies, if any, before release from kennel.
B.
When
bitten by a rabid animal, unvaccinated animals should be destroyed
immediately. If the owner is unwilling to have this done, the unvaccinated
animal shall be placed in strict isolation for six (6) months and
shall be vaccinated one (1) month before being released. The owner
shall pay the costs of the "strict isolation" and the vaccination.
No person shall kill a rabid animal exposed to rabies, nor remove
such an animal from the City limits, without permission from the person
in charge of animal control, except when it is necessary to kill such
animal to prevent it from escaping or from biting any other animal
or person.
The body of any animal dead of rabies, or having been exposed
to rabies prior to death shall be surrendered by the owner upon demand
of an Animal Control Officer.
Any Police Officer or Animal Control Officer is authorized to
enter any premises where a dog, cat or other animal is kept or harbored
to inspect conditions under which the dog, cat or animal is kept,
and to require the owner to exhibit a veterinarian tag for a dog or
cat. No person shall hinder, molest or interfere with any Police Officer
or Animal Control Officer in the performance of his/her duties.
[1]
Editor's Note—Ord. no. 297.8 enacted April 17, 1997, repealed section 205.130 in its entirety without any provisions for replacement. Said former section derived from section 205.130. We have left this section reserved for the city's future use. Any person or group of persons owning, keeping or harboring a Vietnamese Pot-bellied pig will be in violation of the Code of ordinances of the City of Lake Tapawingo and subject to fines and penalties as listed under Section 205.170 of this Code.
