[Adopted as Ch. V, Art. 1, Title 1 and Title 2, Secs. 5-1201 to 5-1204, of the 1990 Code of Ordinances]
As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- Off the premises of the owner of animal and not under the immediate control of a human being either by leash, cord, chain, or otherwise.
- DOMESTICATED ANIMAL
- Includes animals which by long-continued association with man have become thoroughly tamed or domesticated, including but not limited to cats, dogs, horses, ponies, mules, goats, cattle, sheep, swine, poultry, rabbits, guinea pigs, hamsters, gerbils, chinchillas, domesticated mice and rats, fish, caged birds and other animals, which, by habit, or training, live in association with man.
- Any person, partnership, or corporation owning, keeping, or harboring of domesticated animals.
- PUBLIC NUISANCE ANIMAL
- Any animal which unreasonably annoys humans; endangers the life or health of other animals or persons; or gives offense to human senses; or which substantively interferes with the rights of other citizens to the enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal which:
- A. Damages property of anyone other than its owner;
- B. Molests pedestrians;
- C. Chases vehicles;
- D. Excessively makes disturbing noises, including but not limited to continued and repeated howling, barking, whining, or other disturbances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or
- E. Attacks other domesticated animals.
The owner of any dog, cat, or other domesticated animal within the Town shall keep the same securely upon his own premises or under the control of said owner by means of a leash, cord, chain, or otherwise. Any dogs, cats, or other domesticated animals found at large within the corporate limits of North Bentwood shall be forthwith impounded and subject to redemption or disposal in accordance with § 75-5 of this article.
When a female dog or cat is in estrus or in a condition commonly known as "in heat", its owner or custodian shall prevent its contact with another dog or cat, or the attraction of dogs or cats to the premises in which the female dog or cat is kept, except for intentional breeding purposes.
The Mayor and Council shall hear and decide complaints, submitted in writing, wherein it is alleged that any dog, cat, or other domesticated animal being harbored by a resident of the Town, is a public nuisance animal, as defined in § 75-1 of this article.
Upon the submission of such written complaint, the Mayor and Council shall cause a notice and a copy of said complaint to be sent to the owner of said animal.
The notice shall require the owner to appear before the Mayor and Council at a certain date and time to show cause why the said animal should not be removed from the Town.
At the date and time set, or due postponement thereof, the Mayor and Council shall hear evidence on the complaint and may then order the animal to be removed from the Town.
Every dog, cat and other domesticated animal, under the provision of this article, except upon reasonable suspicion of being infected with rabies, shall be kept and disposed of as described forthwith.
If the owner of said animal can be found by use of reasonable inquiry, he shall be notified by telephone or mail of said impoundment and may claim said animal within three days thereafter upon satisfaction of the conditions specified in Subsection F of this section.
If the owner of said animal cannot be found by the use of some reasonable inquiry, a written notice shall be posted at some public place or published for a period of three successive days. Such notice shall contain a description of said animal, notifying the public of said impoundment, and the place and time for making claim to said animal. Said animal may be claimed by the owner on or before the time fixed by the Mayor and Council of the Town upon satisfaction of the conditions specified in Subsection F of this section.
If an impounded animal is reasonably suspected of being infected with rabies, the Mayor and Council shall obtain the diagnosis of a licensed veterinarian, and upon diagnosis of rabies, shall cause the humane disposition of said animal.
Before release of any animal pursuant to this article, said owner shall be required to pay the expense of impounding and keeping of said animal in the amount of $5 plus $1.50 for each day of impoundment.