[Ord. #98-02, § 1; Ord. #04-03, § 1]
The purpose of this Code is to balance the welfare of the community,
individuals and animals. As such, the overriding aims of this Code
are to guard the public safety, health and welfare while guaranteeing
the humane treatment of animals within the City. In order to accomplish
this goal, the City seeks to abate nuisances through licensing, permitting
and regulating of certain animals and businesses.
The City may enter into a contract with a County, another city,
a humane society, or other persons to perform the duties required
by this chapter, including the impounding and care of animals.
Any animal not included as permissible — including
but not limited to cattle, horses, bees, livestock, roosters, and
any wild or dangerous animals — may not take up residence
in the City of Albany without express written approval of the City.
The City may take any necessary steps to abate the presence of these
unpermitted animals.
[Ord. #98-02, § 1; Ord. #04-03, § 1]
For the purpose of this chapter, the present tense includes
the past and future tense; each gender includes the other unless specifically
distinguished. The singular number includes the plural, and the plural
the singular. For the purpose of this Code, unless it is plainly evident
from the context that a different meaning is intended, certain terms
used herein are defined as follows:
Shall mean any mammal, poultry, bird, reptile, fish or any
other creatures, including, but not limited to, horse, cow, goat,
sheep, pig, pigeon, goose, chicken, rabbit, dog, cat. Animals are
classified by weight: large animal, over fifty (50) pounds; medium
animal, between twenty-five (25) and fifty (50) pounds; small animal,
under twenty-five (25) pounds.
Shall mean the premises and all buildings, hutches, pens,
coops, yards, and their appurtenances used for the keeping of the
animals.
Shall mean a dog off the premises of its owner and not under
restraint by leash, or chain, and not otherwise controlled by a competent
person.
Shall mean a large enclosure for six (6) or more birds.
Shall mean any bird of any age of either sex, including any
exotic or domestic bird.
Shall mean someone who can effectively control the animal
under their care.
Shall mean any cat of any age of either sex.
Shall mean any animal that by its very nature poses a potential
mortal or serious threat to humans (i.e. any animal that has exhibited
or is exhibiting behavior such as growling, biting, threatening or
bites a person without provocation).
Shall mean and include female as well as male dogs over four
(4) months of age.
Shall mean an owner within the meaning of this chapter and
shall have the same rights and responsibilities of an owner, and both
terms as used herein shall be used interchangeably.
Shall mean any person, firm or corporation engaged in the
commercial business of breeding, buying or selling or boarding dogs
and/or cats.
Shall mean animals kept for use and includes, but is not
limited to, horses, cows, goats, sheep, chickens, duck, quail, pheasant,
turkeys, llamas, mules or pigs.
Shall mean any nuisance known as common law or in equity
jurisprudence, whatever is dangerous or detrimental to human life
or health, uncleanliness or improper sanitation or whatever is offensive
to the senses or may act as an asylum feeding or breeding place for
rodents, vermin, insects. Noise that disturbs the public peace is
included.
Shall mean any person or guardian, firm or corporation owning,
having control or custody or possession of, any animal for more than
fifteen (15) days.
Shall mean any person, firm, or corporation that treats the
health of animals.
Shall mean any person, firm, or corporation that traffics
in live animals.
Shall mean chickens, ducks, geese, doves, turkeys or other
fowl.
Shall mean the City of Albany or any agent authorized to
act on its behalf.
Shall mean any animal who legally is required to have a current
license but does not have one.
Shall mean any animal not ordinarily domesticated, including,
but not limited to, skunk, raccoon, ferret, opossum, squirrel, fox.
