As used in this article the following terms shall be construed to have the following meanings:
Animal.
Animal is any live, vertebrate creature, domestic or wild.
At Large.
At large is any animal not restrained.
Domestic Animal.
Domestic animal are those which are naturally tame and gentle or which, by long association with man, have become thoroughly domesticated and are now reduced to such a state of subjection to his will that they no longer possess the disposition or inclination to escape. This definition specifically includes household pets, such as dogs and cats.
Estray.
Estray means any stray horse, stallion, mare, gelding, filly, colt, mule, ninny, jack, jennet, hog, sheep, goat, or head of any species of cattle.
Guard Dog.
Guard dog shall mean any dog trained or used to protect persons, premises, or property by attacking or threatening to attack any person found within the area patrolled by the dog.
Kennel.
Kennel is any place where five (5) or more dogs, cats or any combination thereof, over the age of four (4) months, are raised, trained, boarded, harbored or kept.
Livestock.
Livestock shall include any horse, donkey, stallion, mare, gelding, filly, colt, mule, ninny, jack, jennet, potbelly pig, sheep, goat or head of any species of cattle.
Local Health Authority.
Any person designated by the city council.
Other Animal.
Other animal is a goose, chicken, duck, rabbit, guinea, pigeon, bird, fowl, or any other animal of domestic barnyard variety not listed as a wild animal, domestic animal or estray.
Owner.
Owner is any person who owns, keeps, harbors, controls (physically or orally), feeds, shelters, or aids any animal, or any person who is the owner’s agent left in charge of an animal.
Quarantine.
Isolation and close observation of animals to prevent transmission of certain diseases.
Restrain.
Any animal shall be deemed to be restrained when it is:
(1) 
Confined to the premises of the owner within a fenced enclosure, capable of confining the animal;
(2) 
Under the control of a person by a leash; or
(3) 
Within a vehicle being driven or parked.
Swine.
When used as livestock, domestic pigs.
Wild Animals.
Wild animals are those living in a state of nature and not ordinarily tame or domesticated.
(1986 Municipal Code, Title 9, Chapter 1, Section 9-1-1; Ordinance 447, sec. 1, adopted 11/8/05; Ordinance 572 adopted 11/10/20)
(a) 
It shall be unlawful for any person to own or maintain an animal in such a manner as to constitute a public nuisance. The following acts shall constitute a public nuisance:
(1) 
Failure to restrain an animal.
(2) 
Property damage caused by an animal.
(3) 
Maintaining an animal in an unsanitary environment.
(4) 
Permitting an animal to bark, whine, howl, crow, cackle, or make any other noise which causes annoyance or interference with another’s reasonable use and enjoyment of his premises.
(5) 
Herding of animals along or upon any public right-of-way, except by officers, agents, or employees of the federal, state, or local government or agency thereof, if such herding is done in the performance of official duties.
(b) 
It shall be unlawful for any person to keep swine within the limits of the city, except for the keeping of swine under direct supervision by and upon the premises of public and private schools, fairs, or livestock shows for a period not to exceed seven (7) days.
(c) 
All “Other Animals” authorized to be kept shall be confined to the premises of the owner or custodian of such “Other Animals,” and it shall be unlawful for any person to allow such “Other Animal” to run or fly at large, or go upon the premises of another person. No “Other Animals” shall be kept within a front yard.
(d) 
It shall be unlawful for the owner or custodian of any dead animal which is not intended as food for human consumption, to permit or suffer such dead animal to remain upon any premises.
(e) 
It shall be unlawful to keep any livestock within the city limits unless such livestock is kept in private or commercial premises as authorized in Section 2.201 of this chapter.
(f) 
It shall be unlawful for any person to own or maintain more than 3 dogs and 3 cats [exclusive of puppy or kitten litters under the age of six (6) months]. Exceptions to this subsection include kennels, breeding and grooming establishments. Citizens who wish to maintain more than 3 dogs and 3 cats, and do not operate kennels, breeding or grooming establishments, may purchase a permit to allow up to 6 dogs and 6 cats. The permit will be issued at the discretion of the animal control officer. The cost of the permit will be as provided for in the fee schedule in the appendix of this code. Permit must be renewed by January 31 st of each year. City council may revoke permits at any time.
(1986 Municipal Code, Title 9, Chapter 1, Section 9-1-2; Ordinance 410 adopted 2/10/03)
It shall be the duty of the chief of police or his designee to keep or cause to be kept, accurate and detailed records of:
(1) 
Impounding and Disposition.
Impoundment and disposition of all animals coming into his custody. Such records shall be kept for a period of at least three (3) years and shall give the description of all animals impounded, date of impounding, date of sale or other disposition, the amount of money received from the sale, and the name and address of the purchaser.
(2) 
Bite Cases.
All known animal bite cases shall be recorded by the Sundown Police Department.
(3) 
Monies Received.
Records regarding monies received under the provisions of this chapter shall be open to inspection at reasonable times by persons responsible for similar records of the city, and shall be audited by the city auditor annually in the same manner as other city records are audited.
(1986 Municipal Code, Title 9, Chapter 1, Section 9-1-4)
(a) 
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal’s owner. In the event the owner is unavailable or unknown, then such report shall be made to the animal control officer or the Sundown Police Department or to the local Humane Society.
(b) 
No person shall expose an open trap or metal jaw trap likely to injure any domestic animal or person.
(c) 
No person shall dye, color, or artificially color any rabbit, baby chick, duckling, or “Other Animal,” or offer for sale any such dyed, colored or artificially colored “Other Animal.”
(1986 Municipal Code, Title 9, Chapter 1, Section 9-1-5)
No person shall own, keep or harbor a dog or cat over the age of four (4) months within the city limits unless the dog or cat shall have been vaccinated with an antirabies vaccine by a licensed veterinarian. All such animals shall be vaccinated at one (1) year intervals from the initial date on which such animal was vaccinated or required to be vaccinated.
(1986 Municipal Code, Title 9, Chapter 1, Section 9-1-6)
Upon compliance with the provision of Section 2.106, there shall be issued to the owner a numbered metallic vaccination tag stamped with the number and the year issued, which shall be securely fastened on such vaccinated dog or cat. Said tag shall be issued by the veterinarian administering the required vaccine.
(1986 Municipal Code, Title 9, Chapter 1, Section 9-1-7; Ordinance adopting Code)
There is hereby levied upon each and every dog more than four (4) months of age, which is kept, harbored or maintained by the owner thereof in the corporate limits of the City of Sundown, an annual license fee, as provided for in the fee schedule found in the appendix of this code, which license fee is due to expire on December 31st of the year issued. Upon compliance with the provision of Section 2.106, there shall be issued to the owner a numbered metallic city registration tag stamped with the number and the year issued, which shall be securely fastened on such vaccinated dog.
(1986 Municipal Code, Title 9, Chapter 1, Section 9-1-8)
Guard dogs shall be securely enclosed within the area patrolled at all times or under the continuous control of a trained handler. It shall be unlawful for any person to place or maintain guard dogs in any area for the protection of person or property unless the following provisions are met:
(1) 
The dogs shall be confined to an enclosed area adequate to ensure they will not escape; or
(2) 
The dogs shall be under the absolute control of a handler at all times when not securely enclosed; and
(3) 
The owner or other persons in control of premises upon which a guard dog is kept, shall post a warning signal each entrance to such premises with lettering clearly visible from a distance of fifty (50) feet. In the case of the nonresidential or multifamily premises, the sign shall contain a telephone number where some person responsible for controlling such guard dog can be reached twenty four (24) hours a day; and
(4) 
Prior to the placing of a guard dog on any nonresidential or multifamily premises, the persons responsible for the placing shall inform the chief of police in writing of their intention to place said dog or dogs, the number of dogs to be placed, the location where said dog or dogs will be plaited, and the approximate length of time said dog or dogs will be guarding the area.
(5) 
For the purpose of this section, the term “nonresidential or multifamily premises” shall mean the placing of guard dogs on any nonresidential or multifamily property, irrespective of ownership of the property or dog.
(1986 Municipal Code, Title 9, Chapter 1, Section 9-1-9)