[Ord. No. 2007-03 §1(5-1), 1-8-2007]
The following terms, as used in this Chapter, shall be deemed
to have the following meanings:
Any living vertebrate creature, domestic or wild, other than
humans.
Any living vertebrate creature customarily raised for food,
agricultural or riding purposes including, but not limited to, cows,
horses, sheep and chickens, but not including dogs, cats or other
pet animals.
Any premises designated by action of the City for the purpose
of impounding and caring for all animals found running at large in
violation of this Chapter.
Any animal shall be deemed to be at large when it is off
the property of its owner and not under the control of a responsible
person.
Any member of the feline family more than four (4) months
of age.
"Confinement" or "confined", as used in this Chapter, shall mean constant and continuous, sole
and segregated, physical enclosure of the animal.
Under immediate and effective restraint of a responsible
person, to include leashes and voice control.
All animals of the canine species, both male and female.
Any mammal, fowl, fish or any other species not commonly
considered as pets or commonly raised for food or agricultural purposes
which would be a possible threat to the life or health of humans.
Any restrictions on the keeping of such animals shall not apply to
traveling entertainment shows such as circuses so long as exotic animals
which may be a part of such shows are confined in such a manner as
to reasonably provide safe separation between the exotic animal and
the general public. The Chief of Police and the City Animal Control
Officer shall be responsible for determining the applicability of
this definition to any mammal, fowl, fish or other species. A person
desiring to possess any mammal, fowl, fish or other species which,
in the opinion of the Chief of Police and the City Animal Control
Officer, is prohibited under this definition shall have the right
to request a hearing before the City Council which shall make a final
decision.
When bitten by, or fought with, or has come in close contact
with a dog or other animal shown to be infected with the rabies virus
as determined by standard laboratory testing.
A kennel which performs grooming or training services for
animals, and may or may not render boarding services in return for
a consideration.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any member of the canine family less than four (4) months
of age.
Any dog that when unprovoked inflicts, bites or attacks a human
being or animal either on public or private property or in a vicious
or terrorizing manner, approaches any person in apparent attitude
of attack upon the streets, sidewalks or any public grounds or places;
Any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury or to otherwise endanger the safety
of human beings or animals;
Any dog which engages in, or is found to have been trained to
engage in, exhibitions of dog fighting; or
Any dog at large found to attack, menace, chase, display threatening
or aggressive behavior or otherwise threaten or endanger the safety
of any animal or person.
[Ord. No. 2007-03 §1(5-2), 1-8-2007]
It shall be unlawful for any person possessing, owning or otherwise
having under his/her custody or control any domestic animal or fowl
of any kind to permit the same to run at large in or upon any of the
streets and public places or upon the land of any person in the City
or tether the same in such a way that such animals or fowl may go
across or upon any of such places.
[Ord. No. 2007-03 §1(5-3), 1-8-2007]
Any domestic animals or fowl found running at large or tied,
staked or pastured in, on or along any street, alley, railroad right-of-way,
enclosed land or public place in the City shall forthwith be taken
up by the City Animal Control Officer and impounded in some secure
place to be provided by the City.
A.Â
The
Animal Control Officer may impound any animal found outside of the
owned or rented property of the owner or custodian of such animal
when such animal shows evidence of neglect or abuse.
Any animal impounded pursuant to this Section shall be:
1.Â
If the owner can be ascertained and the animal is not diseased or
disabled beyond recovery for any useful purpose, held for recovery
by the owner. The owner shall be notified within five (5) business
days of impoundment by phone or by mail of the animal's location and
recovery procedures. The animal shall be held for ten (10) business
days. An animal unclaimed after ten (10) business days may be put
up for adoption or humanely killed;
2.Â
Placed in the care or custody of a veterinarian, the appropriate
animal control authority or animal shelter. The animal shall not be
disposed of, unless diseased or disabled beyond recovery for any useful
purpose, until after expiration of a minimum of five (5) business
days, during which time the public shall have clear access to inspect
or recover the animal through time periods ordinarily accepted as
usual business hours. After five (5) business days, the animal may
be put up for adoption or humanely killed; or
3.Â
If diseased or disabled beyond recovery for any useful purpose as
determined by a public health official, law enforcement official,
veterinarian or animal control officer, humanely killed.
B.Â
The
owner or custodian of an animal impounded pursuant to this Section
shall be liable for reasonable costs for the care and maintenance
of the animal. Any person incurring reasonable costs for the care
and maintenance of such animal shall have a lien against such animal
until the reasonable costs have been paid and may put up for adoption
or humanely kill any animal if such costs are not paid within ten
(10) days after demand. Any monies received for an animal adopted
pursuant to this Subsection in excess of costs shall be paid to the
owner of such animal.
[Ord. No. 2007-03 §1(5-4), 1-8-2007]
It shall be the duty of the City to attempt to locate the owner
of any animal or fowl impounded and, when found, to notify him/her
of such impounding; and thereupon such owner may appear at any time
before such animal or fowl is sold as provided in the following Section
and reclaim such animal or fowl upon payment to the City of the expense,
license fees and penalties fixed and prescribed.
[Ord. No. 2007-03 §1(5-5), 1-8-2007]
The City may sell for cash at public or private sale all impounded
animals not reclaimed by owner after having first given four (4) days'
notice of the time and place of sale and the property to be sold and
the cause of sale by printed or written handbills posted at three
(3) public places in the City, two (2) of which places shall be the
City Hall and County courthouse. Every such sale shall pass title
to the purchaser of the animal or fowl sold. The purchaser shall be
entitled to receive a certificate of purchase from the Chief of Police.
[Ord. No. 2007-03 §1(5-6), 1-8-2007]
The amount received from the sale of an impounded animal or
fowl shall be paid into the general fund of the City.
[Ord. No. 2007-03 §1(5-7), 1-8-2007]
No person shall turn loose from any pen or enclosure any animal
for the purpose of causing same to be impounded.
[Ord. No. 2007-03 §1(5-12), 1-8-2007]
No person shall, within the City, load, unload or transfer from
one vehicle to another vehicle, any hogs, sheep, cattle or other livestock
or fowl in any public place, street or thoroughfare or any unenclosed
private premises for a longer period than one (1) hour. Nothing continued
in this Section shall prohibit loading, unloading or transferring
of hogs, sheep, cattle or livestock or fowl at any established and
maintained stockyards, slaughterhouse or sale barn.
[Ord. No. 2007-03 §1(5-13), 1-8-2007]
No person or corporation shall possess, house, shelter, pen,
sell or offer for sale within the City limits of the City of Chillicothe,
any exotic animal as defined herein, except as permitted by applicable
zoning provisions.
[Ord. No. 2007-03 §1(5-14), 1-8-2007]
A.Â
A person
commits an ordinance violation if he/she intentionally or knowingly
tortures or seriously overworks an animal; fails unreasonably to provide
necessary food, care or shelter for an animal in his/her custody;
abandons unreasonably an animal in his/her custody; transports or
confines an animal in a cruel manner; kills, injures or administers
poison to animals belonging to another without legal authority or
the owner's effective consent; causes one animal to fight with another;
or treats any animal in an inhumane or improper manner or exercises
any control over an animal inconsistent with rights or ownership of
the animal.
B.Â
No
person shall tether, fasten, chain, tie or restrain a dog or cause
a dog to be tethered, fastened, chained, tied or restrained to a doghouse,
tree, fence or any other stationary object.
C.Â
Notwithstanding Subsection (B), a person may do any of the following in accordance with this Section:
1.Â
Attach a dog to a running line, pulley or trolley system. A dog shall
not be tethered to the running line, pulley or trolley system by means
of a choke collar or pinch collar.
2.Â
Tether, fasten, chain, tie or otherwise restrain a dog pursuant to
the requirements of a camping or recreational area.
3.Â
Tether, fasten, chain or tie a dog no longer than is necessary for
the person to complete a temporary task that requires the dog to be
restrained for a reasonable period, which is defined herein as a period
of time not to exceed three (3) hours in a twenty-four (24) hour period
or a time that is otherwise approved by Animal Control Officer.
D.Â
Nothing
in this Chapter shall be construed to prohibit a person from walking
a dog with a hand-held leash.
[Ord. No. 2007-03 §1(5-15), 1-8-2007]
No person shall collect, purchase or solicit dogs, cats or other
domestic animals for resale to serum plants, laboratory supply houses
or other experimental research teaching purposes. The provisions of
this Section shall not be applicable to pet shops or commercial kennels.
[Ord. No. 2007-03 §1(5-16), 1-8-2007]
No person shall, within the City, kill, wound, injure or capture
or attempt to kill, wound, injure or capture any animal or bird; provided
that the owner, tenant or authorized agent of real estate in the City
frequented by animals or birds, which would deprive the owner of full
enjoyment of such property or real estate, may by humane methods,
trap such animals or birds. No traps shall be set in any manner that
could in any way unreasonably jeopardize the life or health of any
person or animal.
[Ord. No. 2007-03 §1(5-17), 1-8-2007]
A.Â
Any
person or persons who shall own and keep or harbor upon their premises
more than three (3) dogs or four (4) cats other than under the age
of four (4) months, and who is not involved in selling and buying
dogs or cats, shall be deemed the owner of a kennel. Such owner shall
file application therefore on a form provided by the City Treasurer,
which application shall provide information to indicate whether or
not the proposed kennel and its operation will violate any provisions
of State and City laws and ordinances. If it appears that such kennel
and the operation thereof will not be in violation of State and City
laws, the City Treasurer shall issue a kennel license to said applicant
upon the payment of the following license fee to the City.
B.Â
The
annual license fee for kennels shall be one hundred dollars ($100.00).
All dogs and cats confined in such kennel shall be licensed in accordance
with this Chapter.
C.Â
Such
license shall permit the applicant to operate such kennel described
in the application for a period of one (1) year, unless said license
is revoked and any violation of the Sections of this Chapter shall
constitute sufficient cause for revocation of such license.
D.Â
Kennel
premises shall be maintained in a clean and satisfactory and sanitary
condition at all times and sanitary methods shall be used to obliterate
or prevent any offensive odors. The City Animal Control Officer, Health
Officer and City Police shall have the right to inspect such kennels
at reasonable hours.
E.Â
No
kennel shall be permitted to operate within one hundred (100) feet
of a building used or occupied as a residence, except that owned by
the keeper of the kennel.
F.Â
All
kennel animals shall be fed, maintained and housed in separate compartments
and separate outdoor runways and not to come in physical contact with
other dogs except when breeding and except in cases of mother and
their young. The inside and outside spaces shall be completely cleaned
at least twice per day. The breeding shall not be done in public view.
G.Â
All
structures, pens, coops or yards wherein animals or fowl are kept
or permitted shall be maintained in a clean and sanitary condition
at all times to avoid harborage of all rodents and vermin and free
of offensive, disagreeable or noxious smell or odor to the injury,
annoyance or of inconvenience of any inhabitant of the neighborhood.
The enclosed area of all such structures shall be constructed in such
a way as to be dry at all times on the inside.
[Ord. No. 2007-03 §1(5-18), 1-8-2007]
The City Council shall designate facilities as the City pound
for the purpose of placing this Chapter in effect. The Animal Control
Officer shall be poundmaster and shall attend to the maintenance of
such pound.
[Ord. No. 2007-03 §§1(5-19),
1(5-31), 1-8-2007]
A.Â
Humane Destruction At Request Of Owner. Any person having
the right to have any dog or cat killed and who shall request the
humane destruction of such dog or cat will be granted the services
available for humane destruction of impounded dogs or cats. Any person
making such a request shall be responsible for all costs associated
with same and these costs shall be paid prior to the performance of
the services.
B.Â
Euthanization Of Cats And Dogs At City Animal Shelter.
1.Â
Any person who shall deliver a dog to the City Animal Control Officer,
with the express purpose of having said dog euthanized, shall be charged
a fee equal to the total veterinarian bill for completing the procedure
plus ten dollars ($10.00).
2.Â
Any person who shall deliver a cat to the City Animal Control Officer,
with the express purpose of having said cat euthanized, shall be charged
a fee equal to the total veterinarian bill for completing the procedure
plus ten dollars ($10.00).
[Ord. No. 2007-03 §1(5-20), 1-8-2007]
A.Â
The
City owns certain animal cages which cages the City, through its Animal
Control Officer and the City Treasurer, shall allow the public to
use upon the following terms and conditions:
1.Â
Persons desiring to use a animal cage belonging to the City shall
sign a standard use agreement in a form acceptable to the City and
pay a fifty dollar ($50.00) per cage deposit with the City Treasurer.
2.Â
Said use agreement shall acknowledge receipt of the cage by the person
signing same, reference the fifty dollar ($50.00) deposit, said deposit
to be placed in the general fund of the City. The use agreements shall
provide for given time within which the person signing same is required
to return the animal cage and shall provide that if the person signing
the agreement does not return the animal cage to the City within the
time set forth, that the City shall, among other things, retain the
deposit.
3.Â
If the animal cage is not returned to the City within five (5) days
after the time specified in the use agreement, the City Treasurer
shall notify the person signing said agreement, either personally
or by mail, of his/her default under said use agreement. If the animal
cage is not returned to the City within ten (10) days after notice,
the Animal Control Officer shall cause the same to be abated and shall
certify the costs of same to the City Treasurer who shall cause a
special tax bill to be prepared and assessed against the property
owned by the person signing the use agreement. Said tax bill shall,
from the date of issuance, be a first (1st) lien on the property until
paid and shall be prima facie evidence of the recitals therein and
of its validity and no mere clerical error or informality in the same,
or in the proceedings leading up to the issuance, shall be a defense
thereto. Each special tax bill shall be issued by the City Treasurer
on or before the first (1st) day of June of each year. Such tax bills,
if not paid, shall bear interest at a rate of eight percent (8%) per
annum from the date said animal cage was abated by the City. Said
property may be sold in the same manner as any other property with
delinquent taxes.
[Ord. No. 2007-03 §1(5-21), 1-8-2007]
Persons controlling or allowing his/her animal to be away from
their own property shall be required to clean up and carry off any
feces deposited on any public or private property not the property
of the animal's owner and properly dispose of said feces upon their
return to their own property.
