City of Williston, ND
Williams County
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Table of Contents
Table of Contents
[Ord. No. 452, Art. V, § 4.29, 3-18-1969; Ord. No. 777, 6-13-1995; Ord. No. 1081, 8-28-2018]
The word "animal" or "animals," when used in this chapter, means any animal, domesticated or wild. An "animal unit" is one mature animal and its offspring until such offspring is no longer dependent upon the mature animal for survival. For purposes of this ordinance, this definition of animal unit shall govern and not that definition found in the Williston Zoning Ordinance.
[Ord. No. 452, Art. V, § 4.30, 3-18-1969; Ord. No. 777, 6-13-1995; Ord. No. 1081, 8-28-2018]
It shall be unlawful to keep any live animal within the City limits except as described in this article.
The following animals may be kept within the City limits of Williston.
Domestic dogs and cats, pursuant to the provisions of this chapter.
Common indoor pets, such as aquarium fish, nonpoisonous reptiles and amphibians, and other common indoor pets and animals such as hamsters, mice, birds, which animals shall remain indoors at the owner's residence or business, and up to two pet rabbits and their offspring until the offspring are not dependent upon the mature animal for survival, which rabbits may be kept in an outdoor hutch and pen which is sanitary and kept odor free.
A horse, mule, jackass, goat, or other animal kept as a family pet may be kept within the following zoning districts: Rural Residential Estate (R-1E), provided there is a minimum of five acres available for the first four animal units, and no more than one additional animal unit per acre of land over five acres. Two animal units referred to in this paragraph may be kept in an Agricultural (A) or Rural Residential (R1-A) zoning district, if a special permitted use is obtained pursuant to the zoning ordinances and there is a minimum of three acres with one additional animal unit allowed for each acre over three.
The City commission, by resolution, may allow temporary or seasonal keeping of animals or livestock when the City commission determines that it is in the best interests of the City to allow such keeping of animals within the City limits for a seasonal or temporary duration not to exceed six months.
The City commission may, by resolution, after notice to property owners within 150 feet of the applicant's property and after public hearing, allow the use of Agricultural (A) property for livestock purposes on such conditions as the commission deems appropriate. It must be stated in the resolution that such use is of lower priority and may be terminated by the commission at any time, and the commission shall terminate such use if any problem with health, safety, odor, or noise develops regardless of the fact that adjacent or surrounding development moves to an area where such use is being allowed.
Any animal for exhibition or display purposes such as fairs, circuses, animal displays, or special exhibitions, which displays or exhibitions do not exceed seven days annually, including the use of horses or other trained animals in parades.
[Ord. No. 452, Art. II, § 4.6, 3-18-1969; Ord. No. 1081, 8-28-2018]
It shall be unlawful for any person to keep chickens, ducks, geese, turkeys, pigeons or other domestic fowl within the City limits, except newly hatched fowl held for sale by a dealer of them.
[Ord. No. 452, Art. V, § 4.31, 3-18-1969; Ord. No. 685, 1-5-1987; Ord. No. 1081, 8-28-2018; Ord. No. 1081, 8-28-2018]
It shall be unlawful for the owner or person having custody or responsibility for the care of an animal, as defined in this article, to permit or allow the same to be at large on the streets, avenues, alleys, parks or other public grounds within the City limits, or to be tethered or staked in such a manner as to go upon any street, sidewalk or crosswalk or public grounds within the City.
This section does not prevent animals from being led, driven or ridden while under physical control on highways, streets and alleys within the City limits nor from participating in sanctioned parades, shows or performance trials.
It shall be unlawful for any domesticated pet animal to run at large upon any of the streets, avenues, alleys, parks, public ways, school grounds, mobile home courts, or upon the private premises of any person other than the owner or keeper of the animal within the City. Any such animal found running at large by the City Animal Control Officer or by any police officer of the City shall be seized and impounded, and may be claimed by the owner by paying to the City the fees, maintenance costs and any necessary veterinary costs as provided in this chapter.
[Ord. No. 452, Art. I, § 4.4, 3-18-1969; Ord. No. 1081, 8-28-2018; amended 2-11-2020 by Ord. No. 1110]
Every person who shall willfully 1) torture, torment, deprive of necessary food or water or cruelly beat any animal or 2) harmfully and knowingly expose any animal to heat or cold shall be guilty of a misdemeanor and subject to the penalties provided for in this Code. Restitution shall specifically include veterinarian care and impound fees.
[Ord. No. 452, Art. V, § 4.31, 3-18-1969; Ord. No. 452, Art. III, § 4.10, 3-18-1969; Ord. No. 1081, 8-28-2018]
The keeping of animals which causes offensive odor or noise or which otherwise annoys persons or which attracts vermin or creates a hazard or danger to the health or welfare of any person is a nuisance. The nuisance shall be an offense irrespective of whether such offense occurs on the property of the offender.
Any dog, cat or other domesticated pet within the City limits is a public nuisance which:
Frequently frightens, annoys, barks at or chases any person or vehicle;
If a female, is in heat and not continually confined indoors by its owner;
Is more than six months old and has not been vaccinated or inoculated against rabies;
Does not have on a collar and registration license tag as required under the provisions of this chapter;
By loud and frequent noise, including: yelping, barking, howling, or yowling, annoys any person; or
Damages any property not the property of its owner.
[Ord. No. 452, Art. I, § 4.4, 3-18-1969; Ord. No. 642, 5-28-1985; Ord. No. 1081, 8-28-2018]
No owner or person having custody or responsibility for the care of any animal which has died shall abandon or allow the same to lie on any public ground, street, lane, alley or any private lot or place within the City limits, nor shall any person throw or discard any dead animal or decayed animal matter into any pool of water or trash bins in the City. Dead animals must be taken to a licensed veterinary clinic, the City landfill, or a site designated at the discretion of the Chief of Police for proper disposal. The expense of burying or removing any dead animal shall be a charge against the owner or person having custody or responsibility for the care of the same.
[Ord. No. 777, 6-13-1995; Ord. No. 1081, 8-28-2018]
License required. It shall be unlawful to operate a kennel, or pet shop anywhere in the City without first securing a license from the City auditor's office. The annual fee for such license shall be set by resolution. Kennel licenses shall be in effect, regardless of the date of issuance, until the following 31st day of December. Kennels may only be established in areas as designated by the zoning code of the City.
Definitions. The terms "kennels" and "pet shops" shall be construed to include any establishment for the raising, training, boarding, grooming or selling of dogs, cats, birds, mice, rats, or other small animals for hire or profit, or where more than three dogs or cats are harbored or kept. The keeping and selling of one litter or offspring per year of a family pet shall be exempt.
Sanitation. Every place used as a kennel or pet shop shall be kept in a clean and sanitary condition, and no refuse or waste material shall be allowed to remain thereon for more than 24 hours. All animals shall be humanely treated; and any animal having any disease shall be properly isolated and treated. As a condition of its license, all licensees shall be deemed to have agreed to allow inspection of the kennel or pet shop at any time by any Animal Control Officer or other law enforcement officer of the City or an employee of the State Health Department or the Upper Missouri District Health Unit. Refusal to allow such inspection shall be considered grounds for revocation, termination, or refusal to renew the pet shop or kennel license.
[Ord. No. 841, 10-24-2000; Ord. No. 1081, 8-28-2018]
Every owner or person having control of a domesticated pet animal shall collect and properly dispose of the animal's solid waste when eliminated. It is an offense subject to a fee of $25 to allow a domesticated pet animal to eliminate solid waste on another's private property without permission, or upon boulevards, parks, school property, or other property used for education purposes, and fail to properly collect and dispose of such waste. Prosecution for such offense may only be brought upon complaint signed by the person who observed the violation.
[Ord. No. 1081, 8-28-2018]
A vicious animal is one which bites, attempts to bite, or threatens bodily injury to any person or animal while the person or animal is not at the time trespassing on the property of the animal's owner or doing damage or injury to the person or property of the owner.
Every person who shall knowingly keep, harbor, or shelter a vicious animal within the City limits shall be guilty of a misdemeanor and subject to the penalties provided for in this Code.
Any animal found to be vicious may be destroyed or may be removed from the City limits of the City of Williston.
[Ord. No. 452, Art. III, § 4.16, 3-18-1969; Art. IV, § 4.28, 3-18-1969; Ord. No. 1081, 8-28-2018]
The owner of any animal which has contracted rabies, been subjected to the same, suspected of having rabies or bitten any person shall, upon demand of the police department or the health officer, surrender the animal to the police department to be held in quarantine for observation for a period determined by the health officer. If, upon examination, any animal is found to be infected with rabies, the animal shall be disposed of as directed by the health officer.
No person shall knowingly keep or harbor any animal infected with rabies or any animal known to have been bitten by a rabid animal, nor fail to report to the police or to the health officer the existence of an animal which he knows to be so infected or exposed to infection.
[Added 2-11-2020 by Ord. No. 1110]
Violation of §§ 4-5, 4-6, 4-8, 4-10, 4-11, 4-29, and 4-89 shall be Class B misdemeanors. All other violations shall be classified as infractions, with a fee schedule established by resolution.