[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]
(a)
It shall be unlawful to keep any live animal within the City limits
except as described in this article.
(1)
The following animals may be kept within the City limits of Williston.
a.
Domestic dogs and cats, pursuant to the provisions of this chapter.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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]
(a)
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.
(b)
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.
(c)
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.
(a)
Any dog, cat or other domesticated pet within the City limits is
a public nuisance which:
(1)
Frequently frightens, annoys, barks at or chases any person or vehicle;
(2)
If a female, is in heat and not continually confined indoors by its
owner;
(3)
Is more than six months old and has not been vaccinated or inoculated
against rabies;
(4)
Does not have on a collar and registration license tag as required
under the provisions of this chapter;
(5)
By loud and frequent noise, including: yelping, barking, howling,
or yowling, annoys any person; or
(6)
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]
(1)
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.
(2)
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.
(3)
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)
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.
(b)
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.
(c)
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]
(a)
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.
(b)
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]
