[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:
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.
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.
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:
Damages property of anyone other than its owner;
Molests pedestrians;
Chases vehicles;
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
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.
A.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
E.
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.
F.
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.
