For the purposes of this chapter, and as used herein, the following
terms shall have the meanings in this section given them:
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.
Off the premises of the owner and not under the complete
control of the owner by leash, halter, cage, or other means of confinement.
Any dog, cat, or other animal that, without clear provocation:
A bird of any kind.
To retain on the premises by any means; to harbor, control,
own, or have custody of or possession of.
To feed, shelter, protect, provide for or bear the expense
of.
Any person, firm, association, partnership or corporation
owning, keeping, in charge of, in control of, maintaining or harboring
one or more animals or fowl.
Any natural person, corporation, partnership, association,
firm or legal entity.
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.
(Ordinance 2006-06-05-013, sec.
2-18, adopted 6/5/06)
Any person adjudged guilty of an offense under this chapter
shall be guilty of a misdemeanor punishable by a fine not to exceed
two thousand dollars and no cents ($2,000.00). Each day that a violation
continues shall constitute a separate offense.
(Ordinance 2006-06-05-013, sec.
2-20, adopted 6/5/06)
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.
(Ordinance 2006-06-05-013, sec.
2-21, adopted 6/5/06)
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; the burden
of proving the exemption or exception shall be upon the defendant.
(Ordinance 2006-06-05-013, sec.
2-19, adopted 6/5/06)
(a)
Generally.
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 appoint animal control officers, who will serve as employees of
the police department.
(b)
Functions.
Animal control officers shall enforce all
laws and ordinances in the city pertaining to the keeping, treatment,
impounding and regulation of animals within the city.
(c)
Conduct.
It shall be the duty of all animal control
officers 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.
(Ordinance 2006-06-05-013, sec.
2-1, adopted 6/5/06)
(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.
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.
(Ordinance 2006-06-05-013, sec.
2-2, adopted 6/5/06)
(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. Where possible, prior to filing a complaint with the
city, the person having been disturbed by an animal in the above-described
manner should attempt to give written notice to the owner or keeper
of the animal that the animal’s conduct has disturbed his peace
on more than one occasion. A copy of such written notice, if given,
should be presented to the city at the time of filing the complaint;
(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.
(Ordinance 2006-06-05-013, sec.
2-3, adopted 6/5/06)
(a)
Proper care required.
It shall be unlawful for the owner
or custodian of any animal to fail or refuse to provide such animal
with sufficient wholesome and nutritious food, potable water, sanitary
shelter, and veterinary care when needed to prevent suffering, and
with humane care and treatment, or to unnecessarily expose any such
animal to extreme or inclement weather. In case of dispute over adequacy
of proper care, the city will be the final authority.
(b)
Abandoning animal.
No owner or custodian of any animal
shall willfully abandon such animal on any street, road, highway or
public place, or on private property when not in the care of another
person.
(c)
Authority to take animals into custody.
Any animal left
without proper food, water, or shelter for more than three days or
any animal left in conditions which endanger the health, life, and
safety of the animal shall be considered abandoned. Animal services
shall take any abandoned animal into protective custody for a reasonable
time in order to determine whether ownership can be established and
possible prosecution of persons or parties responsible.
(Ordinance 2006-06-05-013, sec.
2-4, adopted 6/5/06)
(a)
Injury to animal.
It shall be unlawful for any person
to willfully or maliciously strike, beat, abuse, torment, overload,
overwork, trap with steel jaw traps or intentionally run down with
a vehicle any animal, or otherwise engage in any act or omission which
causes or inflicts unnecessary pain, injury, suffering or death to
such animal.
(b)
Animal combat.
It shall be unlawful to cause, instigate,
or permit any dogfight, cockfight, bullfight, or other combat between
animals or between animals and humans.
(c)
Poisoning animal.
No person, except city animal control
officers or a licensed veterinarian for humanitarian purposes, shall
administer poison to any animal, or knowingly leave any poisonous
substance of any kind or ground glass in any place with the intent
to injure any animal. The provisions of this subsection are not applicable
to licensed exterminators using poisons as part of a pest control
program or the use of commercial insecticides and rodent baits used
to control insects and wild rodents.
(d)
Animal in closed vehicle.
No dog or other animal shall
be left completely enclosed in a parked vehicle in such a way as to
subject the animal to extreme temperatures that could adversely affect
the animal’s health, safety, or welfare. Any animal service
officer or police officer or personnel of the fire department may
use reasonable force to remove the animal from the vehicle if the
person believes that an emergency situation exists.
(Ordinance 2006-06-05-013, sec.
2-5, adopted 6/5/06)
It shall be the duty of every person keeping or maintaining
any animal which becomes infected or afflicted with disease which
is contagious or a threat to the life and health of other such animals
or to humans to humanely destroy said animal and dispose of its remains
as directed by an animal control officer.
(Ordinance 2006-06-05-013, sec.
2-11(a), adopted 6/5/06)
(a)
Generally; time limit.
Except for animals kept by veterinarians
or persons engaged in medical or scientific research, and those mounted
by a taxidermist, dead animals shall be disposed of within twenty-four
(24) hours of the time of death. The manner in which dead animals
are disposed of shall, at minimum, comply with established regulations
and applicable laws.
(b)
Disposal on public property prohibited.
It shall be
unlawful for any person to dispose of any dead animal or fowl upon
public property within the city. Public property includes, but is
not limited to, streets, alleys, parks, buildings, and grounds owned,
operated, or rented by any level of government, and drainage channels
maintained by the city.
(c)
Disposal methods.
Dead animals, excluding those intended
for human or animal consumption, shall be disposed of as follows:
(1)
Animals weighing seventy-five (75) pounds or less may be buried on
the owner’s premises at a depth of not less than twenty-four
inches (24");
(2)
Animals may be disposed of at a city facility, sold or given to a
renderer, or buried in a properly zoned pet cemetery;
(3)
If requested by the owner, dogs and cats may be picked up by the
city and disposed of by the city. There shall be a fee for this service
at an amount set by resolution of the city council;
(4)
The city shall have the right to refuse a dead animal if placing
such animal in the city facility would pose a health risk; and
(5)
The animal control officer shall have the right to refuse to accept
any dead animal if he determines that transporting such animal would
cause a health risk to humans or to animals.
(Ordinance 2006-06-05-013, sec.
2-11(b)–(d), adopted 6/5/06)
(a)
Restricted.
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, pet shop, veterinarian office
or hospital, licensed animal shelter, hatchery, livestock auction,
or 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 for nonprofit organizations.
A nonprofit animal
welfare organization may submit a petition in writing to the city
requesting written authorization to conduct activities encompassed
by this section.
(Ordinance 2006-06-05-013, sec.
2-12, adopted 6/5/06)
(a)
Keeping rabbits.
No person shall keep or maintain rabbits
or hares within twenty-five (25) feet of the residence of any person
other than the owner or keeper thereof; provided that, when kept in
a clean, dry, sanitary and odor-free cage, and the feed is stored
in rodent-proof containers, not more than two (2) rabbits may be kept
and maintained, as pets, in a pen or cage which is not closer than
twenty-five (25) feet to the nearest property line of the lot, tract
or parcel on which said pen or cage is located.
(b)
Keeping swine.
It shall be unlawful for any person to
keep any swine within the limits of the city, except that swine may
be kept in a pen or enclosure situated upon a tract of land containing
at least ten (10) acres which is zoned “agricultural,”
and further provided the pen or enclosure is located a distance not
less than five hundred (500) feet from the nearest property line of
the tract upon which the swine are kept and maintained.
(c)
Keeping animals or fowl near creeks and streams.
It
shall be unlawful for any person to keep or maintain any animal or
fowl in a pen, cage or enclosure in, near, or on a creek or stream
within the city and cause or contribute to the pollution of said creek
or stream by permitting drainage from said pens, cages or enclosures,
fecal matter or urine to enter said creek or stream. No pigs or hogs
shall be permitted or allowed to have access to, to enter, or to water
at a creek or stream within the city.
(d)
Keeping livestock, fowl or bees.
It shall be unlawful
for any person to keep or maintain any guinea fowl, horses, mules,
donkeys, cattle, goats, sheep, chickens, turkeys, geese, ducks or
pigeons in any pen, yard, enclosure, barn, building or other place
within the city limits within one hundred fifty (150) feet of the
residence of any person other than the owner or keeper, and it shall
be unlawful for any person to keep bees and beehives within three
hundred (300) feet of the residence of any person other than the owner
or keeper.
(e)
Exceptions.
(1)
Veterinarians keeping animals or fowl at the veterinarian’s
regular place of business during periods of time said animals or fowl
are being treated for disease or injury, or observed in the course
of such treatment;
(2)
Animals or fowl kept, maintained and used in the course of medical,
educational, or scientific research at an established business location
or under conditions approved by the city;
(3)
Circuses, traveling shows, zoos and auction barns operating under
permit or sanction of the city;
(4)
Animals or fowl which, because of injury or age, require temporary
care, provided that such animal or fowl shall not be kept for a period
of time exceeding thirty (30) days, and shall not be kept or raised
for sale, barter, or consumption; provided, further, that this exemption
shall not apply to wild animals;
(5)
Animals and fowl, such as baby chickens, rabbits, pigeons and ducks,
kept at an established place of business dealing in farm and ranch
supply and which animals or fowl are domesticated and marketable for
human consumption, provided that said animals or fowl are kept and
maintained in an enclosure which is dry, sanitary, cleaned regularly
and free of accumulations of odor-causing debris and fecal matter.
(Ordinance 2006-06-05-013, sec.
2-13(a)–(d), adopted 6/5/06)
Any person eleven (11) years of age or more who shall willfully
kill or injure any wild bird, remove the eggs or young from the nest
of a wild bird, or in any manner destroy the eggs or young of a wild
bird, save and except the pigeon, English sparrow, grackles and blackbirds,
shall be guilty of a misdemeanor.
(Ordinance 2006-06-05-013, sec.
2-13(e), adopted 6/5/06)
It shall be unlawful for any person to tamper with, destroy,
damage, spring, or cause to malfunction any trap set by the city,
or to release any dog or cat from any such trap.
(Ordinance 2006-06-05-013, sec.
2-13(f), adopted 6/5/06)
It shall be unlawful to keep, shelter or enclose any dog or
cat within any residential building which is not occupied as a residence
by a person.
(Ordinance 2006-06-05-013, sec.
2-13(g), adopted 6/5/06)
(a)
It
shall be unlawful for any person to keep, maintain, or shelter more
than three (3) dogs, plus one litter to age three (3) months, within
the city, without a written permit. Any person desiring to keep, maintain,
or shelter more than three (3) dogs plus one litter to age three (3)
months shall make a written request to the city for a permit to keep
a specified number of dogs, not to exceed five (5) adult dogs at a
specified location. Only one permit may be exercised on a lot or parcel
of real property. Said lot or parcel of real property shall be at
least one (1) acre in size. The city may issue such permit if it determines
that such person has a proper and adequate enclosure in which to keep
the dogs, and a proper and sanitary shelter for the dogs.
(b)
A
permit may be revoked by the city in the event either of the above
criteria is not maintained, if the permittee is convicted of any violation
of this chapter, if any one of the dogs is on two (2) separate occasions
found at large by an animal control officer, or if the city determines
that the animals have become a nuisance.
(c)
The
provisions of this section shall apply equally to the keeping of cats.
A person may keep three (3) dogs and three (3) cats, plus a litter
of each to age three (3) months, without a permit, and, with a permit,
may keep a larger specified number of dogs or cats.
(d)
The
fee for the permit shall be established by the city council.
(e)
The
limitations of this section shall 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 2006-06-05-013, sec.
2-13(h), adopted 6/5/06)
The driver of any vehicle which collides with or strikes any
domesticated animal shall stop such vehicle immediately at the scene
of such accident, or as close as possible without interfering with
traffic, render reasonable assistance to said animal and then and
there either locate and notify the owner of said animal or report
said accident and the injury to the police department. An injured
animal may be delivered to its owner, a veterinarian, an animal control
officer or the city animal facility. The provisions of this section
shall not apply to an emergency vehicle or to a driver taking an ill
or injured person to medical care, nor shall it require assistance
to an animal if providing such assistance would place any person in
danger from the animal or traffic.
(Ordinance 2006-06-05-013, sec.
2-13(i), adopted 6/5/06)
(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 chapter.
(Ordinance 2006-06-05-013, sec.
2-13(j), adopted 6/5/06)
The mayor of the city shall have the authority by proclamation
to make any additional rules or regulations that he might deem necessary
to protect the public against animals. Any such rules or regulations
shall remain in full force and effect until the first regular meeting
of the city council subsequent to the rule or regulation being established.
The rules and regulations shall expire unless approved by the vote
of at least three of the councilmembers in attendance and voting at
said meeting.
(Ordinance 2006-06-05-013, sec.
2-13(k), adopted 6/5/06)
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.
(Ordinance 2006-06-05-013, sec.
2-14(a), adopted 6/5/06)
