For the purposes of this chapter, and as used herein, the following terms shall have the meanings 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.
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.
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.
(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.
Subsections (a) through (d) of this section shall not apply to:
(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)
(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)