[Code 1995]
For the purpose of this article, the following words shall have
the following meanings.
Includes, but shall not be limited to, cattle, horses, mules,
goats, hogs, sheep, rabbits, dogs and cats but shall not exclude insects,
snakes, rats, mice or other vermin.
Includes, but shall not be limited to, chickens, ducks, geese,
turkeys, guineas and pigeons.
Any person, firm, partnership, association or corporation,
or other entity.
It shall be unlawful for any person to:
(a)
Willfully or maliciously kill, maim, disfigure, torture, beat with
a stick, chain, club or other object; mutilate, burn or scald with
any substance; or otherwise cruelly set upon any animals, except that
reasonable force may be employed to drive off vicious animals;
(b)
Drive or work any animal cruelly or cruelly work any maimed, mutilated,
infirm, sick or disabled animal, or cause, allow or permit the same
to be done;
(c)
Have, keep or harbor any animal which is infected with any dangerous
or incurable and/or painfully crippling condition except as hereinafter
provided. The municipal court judge may order a person convicted of
violation under this subsection to turn the animal involved over to
a designated humane society. All such animals taken by the designated
agency may be destroyed humanely as soon thereafter as is conveniently
possible. This section shall not be construed to include veterinary
hospitals or animals under active veterinary care;
(d)
Sell or offer for sale, barter, give away, or use as an advertising
device or promotional display, living baby chicks, rabbits, ducklings
or other fowl; or to sell, offer for sale, barter, give away, or display
animals or fowl as specified in this section which have been dyed,
colored or otherwise treated so as to impart to them an artificial
or unnatural color; provided, however, that this section shall not
be construed to prohibit the sale of animals or fowls as specified
in this subsection, in proper facilities, by hatcheries or persons
engaged in raising and selling such animals and fowl for recognized
animal husbandry purposes;
(e)
Promote, stage, hold, manage, or in any way conduct any game, exhibition,
contest or fight in which one or more animals are engaged for the
purpose of injuring, killing, maiming, or destroying themselves or
any other animal;
(f)
Neglect or refuse to supply such animal with necessary and adequate
care, food, drink, air, light, space, shelter or protection from the
elements as necessary for health and well-being of such kind of animal.
It shall be unlawful for the owner or any person having the
care, custody or control of any cattle, hogs, horses, mules, sheep,
goats or other animals, chickens, ducks, geese, turkeys, or any other
domestic fowl to permit the same to run at large upon any public or
private grounds in the City other than property in the possession
or under the control of the owner or person having the care, custody
or control of such animals or domestic fowl or to abandon any such
animals.
It shall be unlawful for any person to keep or harbor within
the City any vicious or exotic animal which is capable of doing injury
or damage to persons or property. A vicious or exotic animal is defined
as:
(a)
For the purposes of this article dangerous animal means and includes:
(1)
Any mammal, amphibian, reptile or fowl which is of a species
which, due to size, vicious nature or other characteristics would
constitute a danger to human life, physical well-being, or property,
including but not limited, lions, tigers, leopards, panthers, bears,
wolves, apes, gorillas, monkeys of a species whose average adult weight
is 20 pounds or more, foxes, elephants, alligators, crocodiles, and
snakes which are poisonous or otherwise present a risk of serious
physical harm or death to human beings as a result of their nature
or physical makeup, including all constrictors.
(2)
Any dog or cat having a disposition or propensity to attack
or bite any person or animal without provocation is hereby defined
as a "dangerous animal." For the purpose of this article, where the
official records of the chief animal control officer or City Clerk
indicate a dog or cat has bitten any person or persons, it shall be
prima facie evidence that the dog or cat is a dangerous animal.
(3)
Any Pit Bull Dog.
a.
Pit Bull Dog is defined to mean any and all of the following
dogs:
1.
The Staffordshire Bull Terrier breed of dogs;
2.
The American Staffordshire Terrier breed of dogs;
3.
The American Pit Bull Terrier breed of dogs;
4.
Dogs which have the appearance and characteristics of being
predominately of the breeds-of dogs known as Staffordshire Bull Terrier,
American Pit Bull Terrier, or American Staffordshire Terrier.
b.
The registration of a dog at any time in any jurisdiction as
a pit bull or any of the dogs listed above shall constitute prima
facie evidence the animal is prohibited by this section.
(4)
Any domesticated dog that has in its known genetic history and/or
formal pedigree crossbreeding with the wolf species to include, but
not be limited to, animals referred to as wolf-hybrids or wolf-mix
breeds or the breed known as tundra Shepherd. The registration of
an animal at any time in any jurisdiction as a wolf-hybrid, wolf mix
or Tundra Shepherd shall constitute prima facie evidence the animal
is prohibited by this section. For the purposes of this section all
references to animals described herein shall be to wolf-hybrids.
(b)
Person includes any natural person, association, partnership, organization
or corporation.
This article shall not be construed to authorize the keeping
or maintenance of any domestic animal, livestock or fowl on any premises
within the City and under any condition which constitutes a public
nuisance. The City Council or its duly designated representative shall
be authorized to abate any animal nuisance as provided by law and
ordinances of the City.
It shall be unlawful for any person owning, occupying, maintaining
or controlling any yard, pen, room, building or any place where animals,
fowl, birds or game are dressed or kept alive or dead in the City
to allow such place to become filthy, offensive, unwholesome or annoying
or to allow any decayed, putrid or offensive matter to accumulate
thereon.
It shall be unlawful for any person, either as owner or as the
agent, representative employee or bailee of any owner, or for any
firm or corporation to keep, harbor or maintain any cattle, hogs,
horses, mules, sheep, goats or other animals, chickens, ducks, geese,
turkeys, or any other domestic fowl on any premises within the corporate
limits of the City.
No person shall keep or harbor any animal, which by loud, frequent
and habitual barking, howling, yelping, screeching, fighting, or making
other noise, shall annoy or disturb the public peace. It shall be
presumed that the barking of a dog for a period of one minute or longer
between the hours of 10:00 p.m. and 7:00 a.m. and for a period of
two minutes or longer at other times during the day causes a disturbance
of the peace. It shall be further presumed that the owner or harborer
of any dog, cat or other domestic animal, who leaves such animal outside
and unattended failed to take such action as may be necessary to keep
such animal from causing a disturbance of the peace, if in fact such
animal does cause a disturbance of the peace. It shall be further
presumed that the owner of harborer of any dog, cat or other domestic
animal failed to take such action as may be necessary to keep such
animal from disturbing the peace, if such owner or harborer has twice
been previously advised, either verbally or in writing, that such
animal is disturbing the peace.
Any person, firm or corporation violating any of the provisions
of this article shall upon conviction thereof, be fined in any sum
not exceeding $500, or be imprisoned not to exceed 180 days, or be
both so fined and imprisoned.
