For the purposes of this chapter, and as used herein, the following terms shall have the meaning in this section given them:
Animal.
A living organism which feeds on organic matter, has specialized sense organs and nervous system, and is able to move about and to respond rapidly to stimuli, not including a human or an insect.
At large.
Off the premises of the owner and not under the complete control of the owner by leash, halter, cage, or other means of confinement.
Dangerous animal.
Any dog, cat, or other animal that, without clear provocation:
(1) 
Bites or attacks humans; or
(2) 
In a vicious or terrorizing manner approaches any person in an apparent attitude of attack, whether or not the attack is consummated or capable of being consummated.
Ear tipping.
The surgical removal of 1/4 of the end of a cat’s left ear under general anesthesia. This procedure is performed by a licensed veterinarian, typically during the sterilization process. Ear tipping is a widely accepted means of identifying if a feral cat is already sterilized, as it prevents that cat the stress of another unnecessary surgery.
Feral cat.
A cat that is:
(1) 
Not social, whether the offspring of a stray or feral cat; or
(2) 
One who was social and was abandoned or strayed and is no longer social.
Feral cat caretaker.
A person who provides food, water and ensures shelter for a feral cat.
Feral cat colony.
Any number of cats that congregate, more or less, together as a group. While not every cat in a colony may be feral, any cat that congregates with feral cats is deemed part of a feral colony.
Fowl.
A bird of any kind.
Keep.
To retain on the premises by any means; to harbor, control, own, or have custody of or possession of.
Maintain.
To feed, shelter, protect, provide for or bear the expense of.
Owner.
Any person, firm, association, partnership or corporation owning, keeping, in charge of, in control of, maintaining or harboring one or more animals or fowl.
Person.
Any natural person, corporation, partnership, association, firm or legal entity.
Trap-neuter-return (TNR).
A method of humanely trapping unaltered feral cats, spaying or neutering, vaccinating, and ear tipping them and releasing them back to the same location where they were collected.
Wild animal.
Any animal not ordinarily tame or domesticated, or which by its very nature has propensities toward inflicting serious bodily harm. Any animal or reptile which, in its natural state, possesses dangerous or vicious propensities, and includes but is not limited to coyotes, wolves, bears, wildcats (puma, bobcat, lynx), lions, tigers, poisonous snakes, alligators, crocodiles, and monkeys, whether or not said animal or reptile has been tamed.
(1998 Code, sec. 2.101; Ordinance 2012-08-13, sec. 3.01, adopted 8/6/12)
An animal control officer or police officer is authorized to issue a citation to any person who violates a provision of this chapter. The citation shall set forth the general nature of the violation charged, and direct the violator to appear in the municipal court of the city, on or before a day certain. When the violator is not present, the citation may be issued, a complaint filed, and procedure followed as permitted by law.
(1998 Code, sec. 2.102)
Any of the exemptions or exceptions set out in this chapter may be shown as a defense to a prosecution hereunder, and it shall not be necessary to negative in any complaint or information any of such exemptions or exceptions as a defense or justification, [and] the burden of proving the exemption or exception shall be upon the defendant.
(1998 Code, sec. 2.103)
If the definition of an offense under this chapter does not prescribe a culpable mental state, then a culpable mental state is not required and the offense is one of strict liability.
(1998 Code, sec. 2.104)
Any person adjudged guilty of an offense under this chapter shall be guilty of a misdemeanor punishable by a fine in accordance with section 1.01.009. Each day that a violation continues shall constitute a separate offense.
(1998 Code, sec. 2.105)
(a) 
In order to protect the public health and welfare, to provide for the public safety, and to more effectively control, regulate and provide for animals within the city, the city may either appoint animal control officers who will serve as employees of the police department and/or contract with a certified third party to provide animal control services and act as animal control officers.
(b) 
Animal control officers and/or any contracted third party animal control service provider shall enforce all laws and ordinances in the city pertaining to the keeping, treatment, impounding and regulation of animals within the city.
(c) 
It shall be the duty of all animal control officers and/or third party animal control service providers to enforce this chapter and all ordinances applicable to domesticated and wild animals, to conduct themselves in a proper and law-abiding manner, and to avoid the use of unnecessary force on animals in the possession or control of animal control officers or the third party animal control service provider.
(Ordinance 2012-07-11, sec. 3.01, adopted 8/6/12)
(a) 
Prohibited.
It shall be unlawful for the owner of any cat, dog, fowl, or other domesticated animal to suffer, permit or allow such animal to run at large within the city limits. At large means that an animal is off the premises of the owner, and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal. A cat is at large when straying onto the property of anyone except the owner. All animals at large are subject to impoundment by the city.
(b) 
Pursuit of animal.
The city shall have the right to pursue and apprehend a free-roaming animal onto private property without first requesting permission from the owner of the property before entering the property. When in pursuit of such animal, no search warrant is required.
(1998 Code, sec. 2.107)
(a) 
Prohibited.
It shall be unlawful for any person to keep any animal on any property located within the city limits when the keeping of such animal constitutes a public nuisance or menace to public health or safety.
(b) 
Definition.
Public nuisance animal means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than the animal’s owner, to enjoyment of life or property. The term “public nuisance animal” shall include, but not be limited to:
(1) 
Any animal that is repeatedly found running at large;
(2) 
Any animal that damages, soils, defiles, or defecates on any property other than that of its owner. In such cases, the owner shall make sanitary disposal of any excreta (waste) deposited by his animal on any property other than that of its owner;
(3) 
Any animal that makes disturbing noises, including but not limited to continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(4) 
Any animal in estrus (in heat) that is not confined so as to prevent attraction or contact with other animals;
(5) 
Any animal, whether or not on the property of its owner, that, without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;
(6) 
Any animal that chases motor vehicles in a public right-of-way;
(7) 
Any animal that attacks domestic animals;
(8) 
Any animal that is being kept in unsanitary conditions in enclosures or surroundings that cause fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(9) 
Any animal that is offensive or dangerous to the public health, safety, or welfare by virtue of the number of animals maintained at a single location or the inadequacy of the facilities;
(10) 
Any animal tied or staked upon any open or unfenced lot or land within ten (10) feet of any street, park, or other public land or within ten (10) feet of any public sidewalk, public passageway, or public building; or
(11) 
Any animal that is a wild animal.
(1998 Code, sec. 2.108)
(a) 
Prohibition.
It shall be unlawful for any person to sell, give away, place for adoption, or otherwise transfer a dog, cat or other live animal directly from public property or from any other place to which the public has access that is not permanently used and maintained as a private residence, a pet shop, a veterinarian office or hospital, a licensed animal shelter, a hatchery, a livestock auction, or a business dealing in farm or ranch supplies unless the seller is a licensed kennel or breeder, the animals have all required vaccinations, and the seller obtains the required permit from the city.
(b) 
Exception.
A nonprofit animal welfare organization may submit a petition in writing to the city requesting written authorization to conduct activities encompassed by this section.
(1998 Code, sec. 2.109)
It shall be unlawful for any person to tamper with, destroy, damage, spring, or cause to malfunction any trap set by the city or its designee, or to release any dog or cat from any such trap.
(Ordinance 2012-07-11, sec. 3.02, adopted 8/6/12)
(a) 
It shall be unlawful for any person to keep, maintain, or shelter more than 4 dogs on any lot within the city.
(b) 
It shall be unlawful for any person to keep, maintain, or shelter a combination of more than 6 dogs and cats on any lot within the city.
(c) 
A litter of cats or dogs born within the city shall not count against the limits herein until their age exceeds 90 days.
(d) 
All dogs and cats must be vaccinated for rabies in accordance with state law.
(e) 
The limitations of this section do not apply to dogs or cats kept upon the business premises of any veterinarian, kennel, animal shelter, pet shop, nonprofit animal welfare organization group, or scientific research institution located in a zoning district zoned for such use.
(Ordinance 2019-05-01 adopted 5/6/19)
(a) 
An animal that has been severely injured may be destroyed in a humane manner if the animal is suffering and is not expected to survive.
(b) 
An animal that exhibits symptoms of mange, distemper, parvo or other communicable diseases may be destroyed in a humane manner. Animals suspected of having a communicable disease shall not be confined with healthy animals in an animal shelter.
(c) 
If an injured or diseased animal in the custody of an animal shelter or animal control officer is wearing a current vaccination tag or other identification, the custodian shall make every reasonable effort to notify the owner of the animal’s location and condition before destroying the animal. Once notified, if the owner proceeds immediately to the location of the injured animal, it shall be released to the owner without charge. Animals that are not wearing any type of identification may be destroyed immediately.
(d) 
The city shall not be responsible for obtaining veterinary services for unclaimed diseased or injured animals. In the event a person obtains veterinary services for a diseased or injured animal, a person subsequently claiming ownership of the animal shall be liable for all expenses of treatment. A person or entity that obtains veterinary services for an animal may bring suit against the animal’s owner to collect expenses of treatment.
(e) 
The city, and its officers, agents and employees, shall not be liable in damages for the destruction of any animal accomplished in accordance with this section.
(1998 Code, sec. 2.212)
No dog or any other animal of aggressive or vicious propensities, nor a female dog in estrus (in heat) shall be allowed upon any street, avenue, highway, alley, sidewalk, parkway, park or other public place in the city, whether or not said dog is under control by means of a leash, chain or otherwise. A dog that has attacked or bitten a human being or attacked another animal shall be considered of aggressive or vicious propensities.
(1998 Code, sec. 2.701)