[Code 1980 §4-73; CC 1990 §4-126]
No person may keep upon his/her premises any ponies, horses, mules, jennets, bulls, cows, calves, sheep, hogs, pigs, goats, minks, rabbits, skunks, ducks, geese, pigeons, chickens, turkeys, bees, including honeybees, or other domestic animals, fowl or bees except as provided by this Article.
[Code 1980 §4-74; CC 1990 §4-127; Ord. No. 7903 §1, 8-27-2012]
Any person desiring to keep any domestic animals, fowl or bees except for the usual domestic animal or fowl such as the usual children's pets provided they do not exceed four (4) in number in the City may file with the City's Health Department a written application for a permit containing the following information:
The applicant's location and facilities to be provided.
The size of the premises where the animal(s) is to be kept.
Detailed drawings including dimensions of all pens, cages and housing used for shelter.
Applicants shall state the number of each animal to be kept and the purpose of keeping.
If applicable, applicants shall provide the City a letter from a State licensed veterinarian attesting to the fact that the animals applied for pose no threat to public health and shall list all vaccinations that will be required.
Applicant must notify all contiguous properties and obtain written consent from a majority of properties contiguous to the applicant's property.
Upon Health Department approval, said application will be forwarded to the City Council for approval or denial.
Permit is valid for a period of three (3) years from date of Council approval unless sooner revoked by the Council following a hearing.
[Code 1980 §4-75; CC 1990 §4-128]
[Code 1980 §4-76; CC 1990 §4-129]
Nothing in this Article shall prohibit the keeping of the usual domestic animals and fowl such as the usual children's pets provided they do not exceed four (4) in number.
[Code 1980 §§4-77, 12-3; CC 1990 §4-130]
All domestic animals, fowl and bees, while on the premises of their owner, shall be under the immediate control of their owner or custodian or shall be surely restrained or enclosed in a suitable outbuilding or enclosure.
All domestic animals or fowl, when off the premises of the owner or custodian, shall be on a leash or harness not exceeding six (6) feet in length or shall be confined in an enclosure; however, a horse shall at no time be permitted to be ridden or driven on any street or public place or easement within the City, except that any person desiring to ride a horse in a parade may do so upon obtaining a permit as provided in Section 340.040 of this Code.
Any building or enclosure contemplated by this Section must be kept in a clean and sanitary condition so that no offensive odors escape therefrom. Any building or enclosure contemplated by this Section must be cleaned at least every twenty-four (24) hours so that no offensive odor or unsightly condition exists.
Every pen, run, cage or yard wherein any domestic animals are kept shall be maintained so that no offensive, disagreeable or noxious smell, odor or stench shall arise therefrom to the injury, annoyance or inconvenience of any neighbor or neighbors. All waste materials shall be removed and disposed of at least every twenty-four (24) hours. No person shall during the summer season confine or allow to be kept or confined any swine without any pen or sty for a longer period than three (3) days within ten (10) feet of any street, sidewalk or public road.
[Ord. No. 7240 § 1, 12-16-2005; Ord. No. 8302 § 1, 3-13-2017]
"Pit bull" means any pit bull that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any pit bull displaying the physical traits of any one (1) or more of the above breeds, or any pit bull exhibiting those distinguishing characteristics that conform to the standards established by the American Kennel Club ("AKC") or United Kennel Club ("UKC") for any of the above breeds.
If an owner, keeper or harborer is unsure as to whether an unspayed and unneutered dog is a pit bull, then the owner, keeper or harborer of the dog may make an appointment with the Director of Public Works and Health for the purpose of the Director making a determination as to whether or not such dog is a pit bull. If the pit bull owner, keeper or harborer wishes to appeal the determination that the dog is a pit bull, then within five (5) business days of the Director's determination such owner, keeper or harborer may request a hearing before the Director. The hearing shall be held no more than thirty (30) days after the Director receives the request. The hearing may be informal and the rules of evidence not strictly observed. The decision of the Director is final.
Mandatory Spaying And Neutering Of Pit Bulls; Exceptions.
No person may own, keep, or harbor any pit bull that the person in possession knew, or should have known, was a pit bull that has not been spayed or neutered unless:
The pit bull is under eight (8) weeks of age;
The pit bull cannot be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to a physical abnormality. A veterinarian must certify such a condition and determine the time frame after which the pit bull can be spayed or neutered. Within thirty (30) days of the operative date of this ordinance, or within thirty (30) days of taking possession or ownership of an unspayed or unneutered pit bull, the owner, keeper or harborer must submit such documentation to be verified by the Director of Public Works and Health;
The pit bull has been present in the City for less than thirty (30) days;
The owner, keeper or harborer has obtained, or has submitted an application for a permit for the breeding and transfer of pit bull offspring;
The pit bull is a show dog. Within thirty (30) days of the effective date of this ordinance, or within thirty (30) days of taking possession or ownership of an unspayed or unneutered pit bull, the owner, keeper, or harborer shall submit a copy of the AKC or UKC organization papers to the Director of Public Works and Health demonstrating the pedigree information and the show dog registration of the pit bull and demonstrating that the pit bull conforms to the same breeding permit guidelines set forth in Subsection (E) below.
Penalties For Failure To Spay Or Neuter. Any person who violates the provisions of this Section requiring that a pit bull be spayed or neutered shall be subject to the following:
A first violation shall be punishable by a fine not to exceed five hundred dollars ($500.00) and the impoundment of the pit bull by the Director of Public Works and Health. In order for the owner, keeper or harborer to reclaim the pit bull from the Director, in addition to paying the other charges and fees set out in this Chapter, one (1) of the following must occur:
The Director of Public Works and Health shall have a veterinarian spay or neuter the pit bull. The pit bull owner, keeper or harborer shall pay a deposit of one hundred dollars ($100.00) prior to the procedure and will be charged the fee for such services consisting of the actual expense incurred as established by the Director.
In the alternative, the owner, keeper or harborer shall arrange for another veterinarian within the City to spay or neuter and shall pay the Director of Public Works and Health a fee of sixty dollars ($60.00), which shall cover the Director's costs of delivering the pit bull to a veterinarian of the owners, keeper's or harborers choosing. The Director shall deliver the pit bull to the veterinarian, and the veterinarian shall release the pit bull to the owner, keeper or harborer only after the spaying or neutering is complete.
At the discretion of the Director of Public Works and Health, the Director may release the pit bull to the owner, keeper or harborer provided that the owner, keeper or harborer signs an affidavit swearing or affirming that such owner, keeper or harborer will have the pit bull spayed or neutered within two (2) weeks and will provide documentation verifying that the spaying or neutering occurred upon completion. If the owner, keeper or harborer fails to have his or her pit bull spayed or neutered as agreed in the affidavit, the Director shall have the authority to impound the dog, and the owner, keeper or harborer may be charged with a second violation of this Section.
In the event that the Director of Public Works and Health determines that payment of any fees by the owner, keeper or harborer of a pit bull which is impounded or otherwise taken into custody would cause extreme financial difficulty to the owner, keeper or harborer, then the Director may, at his or her discretion, waive all or part of the fees necessary for compliance with this Section.
A second violation of this Section by the owner, keeper or harborer, shall be punishable by imprisonment for a period not to exceed six (6) months or by a fine not to exceed one thousand dollars ($1,000.00), or by both such fine and imprisonment. In addition, a second violation shall result in the Director of Public Works and Health impounding the pit bull and disposing of the pit bull in accordance with the provisions of this Chapter.
Permit For The Breeding And Transfer Of Pit Bull Offspring.
No person shall cause or allow any pit bull to breed or give birth without first obtaining a permit as described in this Section.
Keeping an unaltered male adult pit bull together with a female pit bull in heat in the same pit bull run, pen, room, or any other space where the two (2) dogs are allowed contact with one another that would allow the pit bulls to breed is considered prima facie evidence of an owner, keeper or harborer's intent to allow the pit bulls to breed.
If a female pit bull is impounded pursuant to this Section and the pit bull is pregnant or has offspring under eight (8) weeks of age and such pit bull is owned, kept or harbored by a person who has caused or allowed the pit bull to breed or give birth without first obtaining a permit as described in this Section, then a disposition of the unborn issue or offspring shall be made by the Director of Public Works and Health.
Granting Or Denying A Permit.
Requirements Of Permit. An owner or keeper of a pit bull may annually obtain a non-transferable permit. If more than one (1) owner, keeper or harborer is involved in the breeding process, each party must apply for and be granted a breeding permit. The permit may be obtained from the Director of Public Works and Health if all of the following conditions are met:
The applicant has submitted the appropriate forms and fees required by the Director of Public Works and Health in order to seek consideration for a breeding permit.
The applicant has a space in which to breed pit bulls and raise the offspring that the Director of Public Works and Health is satisfied will contain the animals as well as provide them with safe, sanitary, and humane conditions, appropriate for breeding pit bulls, which satisfies all applicable provisions of this Chapter.
The Director of Public Works and Health has evaluated and reached a positive conclusion regarding the suitability of the particular pit bulls to be bred, including consideration of their lineage, age and health condition. The Director of Public Works and Health shall utilize the following guidelines in making a determination:
The owner, keeper or guardian shall provide verification that any pit bull to be bred is registered as an American Pit bull Terrier, an American Staffordshire Terrier, or a Staffordshire Bull Terrier, with the appropriate registry for its breed (American Kennel Club, United Kennel Club, American Dog Breeders Association ("ADBA")) or any other valid registry as determined by the Director of Public Works and Health.
Any pit bull to be bred must meet the pit bull breed standard, as defined by the appropriate registration agency (AK, UKC, or ADBA), for physical conformation as well as temperament.
The registered pit bull has participated in at least one (1) approved pit bull show during the previous three-hundred-sixty-five-day period. A pit bull show is defined as an event that is sanctioned in writing by one (1) or more of the pit bull registries listed above.
Any pit bull to be bred shall have the appropriate health screenings for its breed. For pit bulls this is, at a minimum, the following health tests: Orthopedic Foundation for Animals ("OFA") or University of Pennsylvania Hip Improvement Program ("PennHIP") certification on hips, OFA on heart by a certified cardiologist and must have passed the American Temperament Testing Society temperament test.
Breeders shall not allow female pit bulls to have more than one (1) litter per year.
Upon approval of an application, the applicant must pay the one hundred dollars ($100.00) permit fee.
Permit Denial. The Director of Public Works and Health shall automatically deny the permit if one (1) or more of the following occurs and the Director's decision shall be final:
The applicant fails to pay the permit fee within two (2) weeks of notification that the application has been approved. The applicant may reapply for a permit after ten (10) months.
The applicant has a history of allowing dogs to run loose or escape, has otherwise been found to be neglectful, has a pit bull identified as a nuisance, or has previously been determined to have violated provisions of this Chapter.
The applicant has applied for a permit within the last ten (10) months.
Inspections Of The Premises.
The Director of Public Works and Health may on one (1) or more occasions for up to one (1) year after issuing the permit, perform an inspection of the pit bulls living quarters to ensure that the standards required to receive a permit are met. The Director will give the owner, keeper or harborer a twenty-four-hour notice and will conduct such inspection at a reasonable time when the owner, keeper or harborer is present. The owner, keeper or harborer shall allow the Director access to conduct the inspection.
If the property does not meet the required standards, or the owner, keeper or harborer cannot be contacted for an inspection within two (2) weeks of the Director's initial attempt or the owner, keeper or harborer fails or refuses to allow an inspection, then the Director of Public Works and Health shall not issue a permit.
Revoking A Permit.
The Director of Public Works and Health may, after conducting a hearing, revoke a breeding permit for a violation of the provisions of this Section. Within five (5) days of the Director's knowledge of any such violation, a hearing officer designated by the Director shall give notice to the owner, keeper or harborer of the pit bull in writing that such owner, keeper or harborer is in violation of this Section and is subject to the revocation of his or her breeding permit. Unless the hearing is waived by the owner, keeper or harborer of the pit bull, or the hearing is scheduled on an agreed-upon date, the hearing officer shall fix a time not less than ten (10) or more than thirty (30) days from the date of the violation notice. The hearing officer shall fix a place for said hearing and cause all parties to be notified, not less than five (5) days before the date of such hearing. The hearing may be informal and the rules of evidence not strictly observed. Within fifteen (15) days following the hearing, the hearing officer shall issue his or her decision to all parties. The decision of the hearing officer is final. Upon a finding of a violation, the hearing officer may revoke the permit. Any violation of this Section may also be considered in future permitting decisions.
After the Director of Public Works and Health has issued a permit, such permit may be revoked pursuant to procedures set forth in this Section if a subsequent inspection of the premises reveals the area to be below the standards required for the permit, or if the owner, keeper or harborer cannot be contacted for an inspection within two (2) weeks of the department's initial attempt, or if the owner, keeper or harborer refuses the Director of Public Works and Health or his or her appointee access for an inspection. If the pit bull is already pregnant or the pit bulls offspring is born, the Director may, pending a hearing, impound the pit bull or its offspring in accordance with the provisions of this Chapter. After a hearing, the Director may permanently confiscate the pit bulls offspring and dispose of them in accordance with this Chapter.
Transferring Or Selling The Offspring Of A Pit Bull.
Any owner, keeper or harborer who offers any pit bull offspring under six (6) months old for sale, trade, or adoption, shall prominently post such owners, keepers or harborers valid breeding permit number with any offer of sale, trade, or adoption. The permit number shall also be supplied in writing to the person, corporation or entity that acquires such pit bulls offspring. The provisions of this Subdivision shall not apply to a not-for-profit animal welfare and rescue organization that seeks adoptive homes for pit bulls.
The breeder shall not remove a pit bulls offspring from the litter until such offspring are at least eight (8) weeks of age, are fully weaned, have their first set of vaccinations, have been de-wormed and are in good general health.
Within three (3) weeks of the time that the litter is whelped, the breeder shall give notice in writing to the Director of Public Works and Health of the number of offspring that were born alive. Within three (3) weeks after the breeder transfers physical possession of each of the pit bulls offspring, the breeder shall notify the Director of Public Works and Health of the name, address, and telephone number of the new owner, keeper or harborer of each such offspring.
Penalties For Failure To Permit, Post Or Report.
Any person owning, keeping or harboring a pit bull without a required permit in violation of this Section and who has not previously been found to have committed such violation shall be punishable by a fine not to exceed five hundred dollars ($500.00).
Any person owning, keeping or harboring a pit bull without a required permit in violation of this Section and who has previously been found to have committed an infraction for the same such offense shall be punishable by imprisonment not to exceed six (6) months or by a fine not to exceed one thousand dollars ($1,000.00), or by both imprisonment and fine. No person shall be charged with a misdemeanor pursuant to this Subsection until at least thirty (30) days have passed since any previous similar infraction or misdemeanor charge was levied.
Any person owning, keeping or harboring a pit bull who fails to include a prominently posted permit number when transferring pit bull offspring pursuant to this Section shall be punishable by a fine of one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for a second violation within a year of the first offense, and a five hundred dollars ($500.00) fine upon the third and any subsequent violations within a year of the second offense.
Any person owning, keeping or harboring a pit bull who fails to provide the Director of Public Works and Health with notice of the number of offspring born and information about a new owner, keeper or harborer of each offspring pursuant to this Section shall be punishable by a one hundred dollars ($100.00) fine for the first violation, a two hundred dollar ($200.00) fine upon a second violation within one (1) year of the first offense, and a fine of five hundred dollars ($500.00) for the third and subsequent violations within one (1) year of the second offense.
[Code 1980 §4-78.1; CC 1990 §4-131]
It shall be unlawful for any person owning or in control of any animal to allow or permit such animal to defecate upon any private property owned by another, condominium common elements or public property unless such person shall remove all feces so deposited by such animal.
[Code 1980 §4-97; CC 1990 §4-132]
The raising or keeping of animals, fowl or bees in violation of this Article shall be deemed a nuisance and dangerous to the public health and welfare.
[Code 1980 §4-78; CC 1990 §4-133]
Any person violating any of the provisions of this Article shall upon conviction thereof be subject to punishment as provided in Section 100.080 of this Code.