[Code 2005 § 14-1; amended at adoption]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
(1)
Animal control authority means the City Manager or his designee,
acting alone or in concert with other local governmental units for
enforcement of the animal control laws of the City, county and state
and the shelter and welfare of animals.
(2)
Animal control officer means any individual employed, contracted
with, or appointed by the animal control authority for the purpose
of aiding the enforcement of this chapter or any other law or ordinance
relating to the licensure of animals, control of animals, or seizure
and impoundment of animals, and includes any state or local law enforcement
officer or other employee whose duties in whole or in part include
assignments that involve the seizure and impoundment of any animal.
(3)
Dangerous dog means any dog that:
a.
Has inflicted severe injury on a human being without provocation
on public or private property; or
b.
Has been previously found to be potentially dangerous, the owner
having received notice of such by the animal control authority in
writing and the dog thereafter aggressively bites, attacks, or endangers
the safety of humans, or thereafter being declared a potentially dangerous
dog bites another dog while not on its owner's property, exhibits
habitually aggressive or damaging behavior, or is found running at
large.
(4)
Intact dog or cat means any male or female dog or cat that has not
been neutered, spayed, or sterilized.
(5)
Owner means any person, firm, corporation, organization, or department
possessing, harboring, keeping, having an interest in, or having control
or custody of an animal.
(6)
Potentially dangerous dog means any dog that when unprovoked inflicts
bites on a human either on public or on private property, or when
unprovoked, bites another dog while not on its owner's property,
or a dog that exhibits habitual aggressive or damaging behavior off
its owner's property, or a dog that habitually runs at large.
(7)
Proper enclosure of a dangerous dog means, while on the owner's
property, a dangerous dog shall be securely confined indoors or in
a securely enclosed and locked pen or structure with at least 150
square feet of space for each dog kept therein which is over six months
of age, and which is suitable to prevent the entry of children and
designed to prevent the animal from escaping. Such pen or structure
shall have secure sides and a secure top, and shall also provide protection
from the elements for the dog.
(8)
Severe injury means any physical injury that results in broken bones
or lacerations requiring sutures or similar treatment or cosmetic
surgery or any bite from an unvaccinated dog which requires a person
to undergo rabies vaccination.
[Code 1974 § 3-37; Code 1985 § 5-5; Code
2005 § 14-2]
In case of conflict between this chapter and the present or
any future zoning ordinance, the provisions of the zoning ordinance
shall prevail and supersede the provisions of this chapter.
[Code 1974 § 3-39; Code 1985 § 5-2; Code
2005 § 14-3]
Any person who violates, refuses or neglects to carry out any
reasonable order made by the health officer or the chief of police
pursuant to this chapter shall be guilty of an offense.
[Code 1974, § 3-38; Code 1985 § 5-1;
Code 2005 § 14-4]
The animal control officer or any police officer of the City
is hereby authorized to directly issue a citation to the owner of
any animal which he observes in violation of the provisions of this
chapter. In lieu of arresting such person, the animal control officer
or police officer may take his name and address and the name and description
of the offending animal and any other pertinent and necessary information
and may issue to such owner, in writing in form prescribed by the
municipal judge, an animal citation embracing the above information,
and further stating the animal violation alleged to have occurred
and notifying him to answer to the charge against him in the municipal
court at a time not later than 10 days thereafter, specified in the
citation. The officer, upon receiving the written promise of such
owner, endorsed upon the citation, to answer as specified, shall release
such person from custody. If the person to whom a citation is issued
fails to appear as prescribed in the citation, a complaint shall be
filed and the case be prosecuted as in other citations before the
municipal court.
[Code 1974 § 3-34; Code 1985 § 5-4; Code
2005 § 14-5]
Every person who maliciously, or for any bet, stake or reward,
instigates or encourages any fight between animals with the exception
of dogs, or instigates or encourages any animal with the exception
of dogs to attack, bite, wound or worry another, upon conviction,
is guilty of a misdemeanor.
[Code 1974 § 3-34; Code 1985 § 5-5; Code
2005 § 14-6]
Every person who keeps any house, pit or other place, to be used in permitting any fight between animals with the exception of dogs or in any other violation of § 4-5, upon conviction, is guilty of a misdemeanor.
[Code 1974 §§ 3-31, 3-32, 3-35, 3-36; Code
1985 § 5-6; Code 2005 § 14-7]
A.
The
entire area embraced within the corporate limits of the City is hereby
designated as a bird sanctuary.
B.
It
is unlawful to trap, hunt, shoot or molest in any manner any bird
or wild fowl or to rob bird nests or wild fowl nests. If starlings
or similar birds are found to be congregating in such numbers in a
particular locality that they constitute a nuisance or a menace to
health or property in the opinion of the proper health authorities
of the City, then the health authorities shall meet with representatives
of the Audubon Society, bird club, garden club or humane society,
or as many of such clubs as are found to exist in the City, after
having given at least three days' actual notice of the time and
place of such meeting to the representatives of such clubs. If as
a result of the meeting no satisfactory alternative is found to abate
such nuisance, then the birds may be destroyed in such numbers and
in such manner as is deemed advisable by the health authorities under
the supervision of the chief of police.
[Code 1974 § 3-19; Code 1985 § 5-7; Code
2005 § 14-8]
A.
Whenever
the owner, keeper or harborer of any animal shall observe that such
animal has rabies, or when such animal acts in a manner that would
indicate the symptoms of rabies:
(1)
The owner, keeper or harborer shall deliver such animal to a veterinarian
or to the animal shelter operated by the City or its licensee for
impounding and quarantine for a period of not less than 10 days to
determine if such animal is infected with rabies; and
(2)
No such animal shall be released from the animal shelter until all
veterinarian fees and impounding fees have been paid.
B.
Whenever
it is shown that any animal has bitten any person:
(1)
The owner, keeper or harborer of such animal shall, upon order of
the police department, deliver such animal to a veterinarian or to
the animal shelter operated by the City or its licensee for impounding
and quarantine for a period of not less than 10 days to determine
if the animal is suffering from rabies;
(2)
If the owner, keeper or harborer of such animal shall fail or refuse
to voluntarily deliver such animal to a veterinarian or to the animal
shelter, then such animal shall be taken up by the police department
and impounded in the animal shelter for a period of not less than
10 days to determine if the animal is suffering from rabies; and
(3)
No such animal shall be released from the animal shelter until all
veterinarian fees and impounding fees have been paid.
C.
Whenever
any animal shall be bitten by another animal having rabies:
(1)
The owner, keeper or harborer of such animal so bitten shall, upon
being informed thereof, place the animal in the care of a veterinarian
or in the animal shelter operated by the City or its licensee for
a period of not less than 10 days for the purpose of determining whether
such animal is infected with rabies; and
(2)
No such animal shall be released from the animal shelter until all
veterinarian fees and impounding fees have been paid.
