When used in this chapter, the following words and terms, unless
the context indicates a different meaning, shall be interpreted as
follows:
To cease to provide control over, and cease to provide shelter,
food, and water for an animal without transferring such care, custody,
and physical control of such animal to another person with that person’s
knowledge and consent.
Any living creature, including but not limited to dogs, cats,
cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock
but specifically excluding human beings.
The animal control supervisor or his or her authorized agents,
or employees of the animal control section of community development
designated to represent and act for the city in the impoundment of
animals and the control of animals running at large, and who has the
responsibility and authority for enforcing all provisions of this
chapter.
The public animal shelter or pound established and maintained
by the city for the purpose of impounding and caring for animals held
under the authority of this chapter and/or state law.
A domesticated member of the Felidae (feline) family regardless
of sex, other than a lion, tiger, bobcat, jaguar, panther, leopard,
cougar, lynx, cheetah, and other like carnivorous wild animals.
As defined in section 2-2 of the city’s zoning ordinance.
Any dog which because of its physical nature and vicious propensity
is capable of inflicting serious physical harm or death to human beings
and would constitute a danger to human life or property;
Any dog which has behaved in such a manner that the owner thereof
knows or should reasonably know that the dog is possessed of tendencies
to attack or to bite human beings or other animals;
Any dog certified by a doctor of veterinary medicine, after
observation therefor, as posing a danger to human life, animal life,
or property upon the basis of a reasonable medical probability;
Any dog that commits an unprovoked attack on a person or animal
on public or private property and the attack did not occur in a pen
or other enclosure in which the dog was being kept and that was reasonably
certain to prevent the dog from leaving the pen or enclosure on its
own; or
Any dog that attacks or threatens to attack a person and the
attack or threat to attack did not occur in a pen or other enclosure
in which the dog was being kept and that was reasonably certain to
prevent the dog from leaving the pen or enclosure on its own.
To foul, dirty, pollute or make filthy, either by animal
body or wastes, or by the carrying or dragging of foul material.
A member of the Canidae (canine) family regardless of sex,
other than a wolf, jackal, fox, dingo, coyote or other prohibited
animals.
Any stray horse, stallion, mare, gelding, filly, colt, mule,
hinny, jack, jennet, hog, sheep, goat, or head of any species of cattle.
A period of time during which most female animals may conceive,
commonly known as heat.
A dog which is trained to attack persons upon the command
of its master or custodian or upon the actions of an individual.
An animal that is fed or sheltered for a period of ten (10)
days and/or an animal which returns to specific premises on three
(3) consecutive occasions while pursued.
To take into custody or to place in the animal control shelter
of the city or other authorized confinement area.
The house, store, yard, enclosure or place where four (4)
or more dogs or cats over the age of three (3) months are harbored
or kept.
Cattle, horses, ponies, mules, swine, emus, llamas, ostriches
and animals of the same approximate weight and size.
Goats, sheep, donkeys, miniature horses and other animals
of the same approximate weight and size.
Fowl, rabbits, and other livestock animals of the same approximate
weight and size.
Any premises with more than four dogs or four cats or any
combination of more than six dogs and cats, thereof over four months
of age (does not apply to a single litter under four months of age)
and including one or more dogs or cats that have not been sterilized.
Any person, firm or corporation who owns, harbors or has
the custody, care or management of one (1) or more animals.
Dogs, cats, rabbits, rodents, birds, nonpoisonous reptiles,
and any other species of animal which is sold or retained as a household
pet, but shall not include skunks, nonhuman primates, constricting
snakes, and any other species of wild or exotic or carnivorous animal
that may be further prohibited or restricted in this chapter.
A pen, corral or escape-proof enclosure within a larger grazing
area in which large livestock are kept.
A condition which injures or endangers the public health,
safety, and welfare; gives offense to the senses; gives material annoyance,
inconvenience, or discomfort to a person of ordinary sensibilities;
or interferes with the reasonable use and enjoyment of public or private
property. Any place or facility where animals are kept or harbored
which is not maintained in a clean and sanitary condition so as to
prevent obnoxious odors; the attraction, breeding or potential breeding
of flies; the attraction, harboring or breeding of rodents or potential
breeding of rodents; or the creation of any other public nuisance.
Any dog not confined by premises of the owner by a substantial
fence of sufficient strength and height to prevent the animal from
escaping therefrom, or secured on the premises by a metal chain or
leash sufficient in strength to prevent the animal from escaping from
premises and so arranged that the animal will remain upon the premises
of the owner when the leash is stretched to full length. Any animal
within an automobile or other vehicle of its owner or owner’s
agent shall not be deemed to be running at large. Any animal restrained
by a leash or lead under physical control of a person shall not be
deemed to be running at large.
Any cat which does not display a rabies or license tag on collar
or harness or which is unconfined during estrus, or both.
Refers to a female animal incapable of becoming impregnated;
an animal that is infertile.
Any premises with more than four sterilized dogs or four
sterilized cats or any combination of more than six sterilized dogs
and cats, over four months of age.
A chain, rope, cable, leash or other similar device used
to attach an animal to a stationary object or trolley system.
The application of an antirabies vaccine into a dog, cat
or other domestic animal, which vaccine is approved by the department
of state health services and administered by a veterinarian licensed
by the state.
A person qualified and authorized to treat diseases and injuries
of animals who is licensed by the state board of veterinary medical
examiners.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of disease and injuries of animals.
Any live monkey (nonhuman primate), raccoon, skunk, fox,
wolf, bear, leopard, panther, tiger, lion, lynx or any other animal
which can be normally found in the wild state. Also, poisonous snakes,
constricting snakes, alligators, crocodiles or animals associated
with the reptile family.
(1990 Code, sec. 2.100; Ordinance
adopting Code; Ordinance 08-129 adopted 11/25/08; Ordinance 10-035 adopted 4/27/10; Ordinance
22-001 adopted 1/11/22)
The animal control division of the city shall enforce the provisions
of this chapter. Any animal control officer or enforcement official
shall have the authority to issue citations for any violation of this
chapter. If the person being cited is not present, the animal control
officer may send the citation to the alleged offender by United States
first class mail.
(Ordinance 05-054, sec. 1, adopted 4/26/05; Ordinance adopting Code)
The city council hereby appoints the city’s animal control
supervisor as the local rabies control authority (LRCA) for the city.
(Resolution 05-48, sec. 1, adopted 9/13/05)
(a)
Any person violating any portion or provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by the assessment of a fine of not less than fifteen dollars ($15.00) nor exceeding the maximum fine as established by section 1.01.009, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(b)
If
any person is found guilty of violating any provision of this chapter,
he or she may be liable for denial, suspension or revocation of a
license and/or permit provided by this chapter and issued by the city.
(1990 Code, sec. 2.2000)
It is unlawful and it shall be a misdemeanor for any person
to do any act forbidden or fail to do any act required in this chapter.
Unless specifically required herein, no mental element need be present
to constitute an offense under this chapter.
(1990 Code, sec. 2.1400)
It shall be unlawful for any person to willfully interfere with,
molest or injure an agent of the city authorized to enforce the provisions
of this chapter or seek to release any animal properly in the custody
of such authorized agent.
(1990 Code, sec. 2.1500)
Animals and premises whereon animals are kept or maintained
shall be subject to inspection by the city sanitarian or animal control
officer, at any reasonable hour, or at any hour in cases of emergency,
if such officer knows or reasonably believes a violation of this chapter
may exist.
(1990 Code, sec. 2.1200)
(a)
It
shall be the duty of every physician or other medical practitioner
in the city who treats a person or persons for any animal bite to
report such treatment to the local rabies control authority not later
than 24 hours from the time of the incident, giving the name, age,
sex, and precise location of the bitten person or persons and such
other information as the officer may require.
(b)
All
animal bite reports shall be investigated by the local rabies control
authority or his designee.
(c)
It
shall be the duty of every veterinarian who clinically diagnoses rabies
or any disease among animals capable of being communicable to man
to immediately report that fact, together with the street and number
of the premises at which the animal is kept, to the local rabies control
authority.
(d)
Any
person having knowledge of a rabid animal or the presence of any disease
among animals capable of being communicated to man shall immediately
report that fact, together with the street address at which the animal
is kept, to the local rabies control authority.
(e)
If
an unvaccinated dog or cat inflicts a bite or scratch, or otherwise
attacks any person within the city limits, and the owner of the animal
is known to the local rabies control authority, a rabies vaccination
shall not be administered to the dog or cat until after a ten-day
observation period beginning with the date of the bite, scratch or
attack.
(1990 Code, sec. 2.500; Ordinance
adopting Code)
(a)
The
local rabies control authority shall have the authority to order the
quarantine of animals responsible for bite or scratch incidents, or
any animals suspected of having any zoonotic disease considered to
be a hazard to the human population or other animals.
(b)
Every
animal that bites a human or attacks another animal in an unnatural
manner, or has rabies or any other zoonotic disease, or is under suspicion
of having rabies or any other zoonotic disease, shall be immediately
confined by the owner, who shall promptly notify the local rabies
control authority of the place where such animal is confined and the
reason therefor.
(c)
The
owner shall not permit such confined animal to come in contact with
any other person or animal.
(d)
The
owner shall surrender possession of such animal to the local rabies
control authority on demand for supervised quarantine. Supervised
quarantine shall be at the animal shelter or a veterinary hospital,
except as otherwise outlined herein.
(e)
The
quarantine shall be for not less than ten (10) days beginning on the
first day of the bite incident and shall be under the supervision
of a veterinarian, who shall submit written reports to the local rabies
control authority as to the animal’s health on the initial day
of observation and on the fifth day and tenth day immediately following
the date of the incident leading to quarantine.
(f)
Any
animal quarantined at a location other than the animal shelter shall
be observed by the same veterinarian throughout the required quarantine
period in the same manner as outlined above, and the owner shall immediately
notify the local rabies control authority of the name of the veterinarian
supervising the quarantine.
(g)
The
owner of an animal may request permission from the local rabies control
authority for home quarantine if the following criteria are met:
(1)
Secure facilities must be available at the home of the animal’s
owner, and must be approved by the local rabies control authority;
(2)
The animal must be currently vaccinated against rabies;
(3)
The owner of the animal was not in violation of any provision of
this chapter at the time of the bite;
(4)
A city health department animal home observation agreement must be
filled out by the owner of the animal, and the appropriate fee paid
in advance.
(h)
If
a biting animal cannot be maintained in secure quarantine, it shall
be humanely destroyed and the brain submitted to a department of state
health services certified laboratory for rabies diagnosis.
(i)
No
wild animal will be placed in quarantine. All wild animals involved
in biting incidents will be humanely destroyed in such a manner that
the brain is not mutilated. The brain shall be submitted to a department
of state health services certified laboratory for rabies diagnosis.
(j)
The
violation of quarantine by any person shall be just cause for seizure
and impoundment of the quarantined animal by the local rabies control
authority. It shall be unlawful for any person to interrupt the observation
period.
(k)
Without
permission of the local rabies control authority, it shall be unlawful
for any person to kill or remove from the city limits any animal that
has bitten a person or other animal or that has been placed under
quarantine, except when it is necessary to destroy such animal to
protect the life of any person or other animal.
(l)
The
local rabies control authority shall direct the disposition of any
animal suspected of being rabid or having any other zoonotic disease
considered to be a hazard to any other animal or human being.
(m)
Any
animal which has been exposed to rabies shall be handled in one (1)
of the following ways:
(1)
Humane destruction, with notification to or under the supervision
of the local rabies control authority;
(2)
If not currently vaccinated, immediate vaccination and quarantine
in a veterinarian hospital for at least ninety (90) days immediately
following the date of exposure; or
(3)
If currently vaccinated, immediate revaccination and quarantine for
at least forty-five (45) days immediately following the date of exposure.
(n)
It
shall be unlawful for a person to refuse or fail to surrender an animal
for supervised quarantine or humane destruction, as required herein
for rabies control, when demand therefor is made by the local rabies
control authority.
(o)
Any
person having possession of, or responsibility for, a quarantined
animal shall immediately notify the local rabies control authority
if such animal escapes, or becomes or appears to become sick, or flies,
and in case of death of the animal while under quarantine, such person
shall immediately surrender the dead animal to the local rabies control
authority for diagnostic purposes.
(p)
A
person desiring a suspect animal quarantined and/or a specimen sent
to laboratory for testing must pay all charges against the animal
in advance.
(q)
The owner of an animal that is quarantined under this chapter shall pay to the local rabies control authority the costs of the quarantine and disposition of the animal as outlined in section A4.01.009 of the fee schedule in appendix A to this code, and the local rabies control authority may bring suit to collect those costs. The local rabies control authority may sell and retain the proceeds or keep, grant or destroy an animal that the owner or custodian does not take possession of on or before the third day following the final day of the quarantine.
(r)
If
the owner of an animal is unknown or cannot be found, such animal
may be destroyed without being quarantined, and a specimen forwarded
for laboratory testing.
(1990 Code, sec. 2.600; Ordinance
adopting Code)
(a)
Cruelty
to animals shall be prohibited within the city limits, as follows:
(1)
Any person who, as the operator of a motor vehicle, strikes a domestic
animal or pet shall immediately report such injury or death to the
animal’s owner; in the event the owner cannot be ascertained
and located, such operator shall at once report the accident to the
animal control officer or an appropriate law enforcement agency.
(2)
It shall be unlawful for any person to sell, offer for sale, barter
or give away, as toys, premiums or novelties, baby chickens, ducklings
or other fowl under three (3) weeks old or rabbits under two (2) months
old, unless the manner or method of display is first approved by the
supervisor of animal control.
(3)
It shall be unlawful to color, dye, stain or otherwise change the
natural color of any chickens, ducklings, other fowl or rabbits, or
to possess, for the purpose of sale or to be given away, any of the
above-mentioned animals which have been so colored.
(b)
Any
person or persons violating this section shall bear the full cost
and expenses incurred by the city in the transportation, care, medical
treatment, impoundment cost and disposal of said animal, including
such animal’s removal from a vehicle.
(1990 Code, sec. 2.800)
(a)
Animals
shall be kept in areas which maintain adequate sanitation which shall
mean periodic cleaning and sanitizing of primary enclosures and housing
facilities to remove excreta and other waste materials and dirt, so
as to minimize health hazards, flies or odors.
(b)
Animals
shall be provided with adequate space which shall mean primary enclosures
and housing facilities shall be constructed and maintained so as to
provide sufficient space to allow each animal to make normal postural
and social adjustments with adequate freedom of movement to maintain
physical condition. Inadequate space may be indicated by evidence
of malnutrition, poor condition, debility, stress or abnormal behavior
patterns.
(c)
Owners
of animals shall provide adequate veterinary care for their animals.
A sick, diseased or injured animal shall be provided with a proper
program of care by a veterinarian or humanely euthanized.
(d)
Animals
shall be provided with an adequate supply of clean, fresh, potable
water provided in a sanitary manner. If potable water is not accessible
to the animal at all times, it shall be provided daily for such duration
and of sufficient quantity as necessary for the animal’s health
and comfort.
(1990 Code, sec. 2.1600; Ordinance
adopting Code)
Any animal which:
(1)
Molests
passersby or passing vehicles;
(2)
Attacks
other animals or human beings;
(3)
Trespasses
on school grounds;
(4)
Roams
at large;
(5)
Causes
any damage or defilement to public or private property; or
(6)
Barks,
whines, meows, howls or makes other frequent or long-continued noise
that disturbs the comfort or repose of persons of ordinary sensibilities
in the immediate vicinity thereof;
|
is hereby declared to be a public nuisance.
|
(1990 Code, sec. 2.1700; Ordinance
adopting Code)
(a)
It
shall be unlawful for any person to in any manner, tease, annoy, disturb,
molest or irritate an animal that is confined to the owner’s
premises.
(b)
It
shall be unlawful for any person, except the owner of a pet animal
or his or her authorized agent, to willfully open any door or gate
on any private or public premises for the purpose of enticing or enabling
any animal to leave such private or public premises.
(1990 Code, sec. 2.900)
(a)
It
shall be unlawful for an owner to keep or permit to be kept on his
or her premises, or premises under his or her control, any wild animal
for sale, display or for exhibition purposes, whether gratuitously
or for a fee. This section shall not be construed to apply to zoological
parks, performing animal exhibitions, circuses, or animals kept for
educational purposes.
(b)
It
shall be unlawful for a person to keep, or permit to be kept, any
wild animal as a pet.
(c)
The
health department or animal control officer may issue temporary approval
for the keeping, care and protection of an injured, newborn or immature
animal native to this area which it deems to be incapable of caring
for itself.
(1990 Code, sec. 2.1000; Ordinance
adopting Code)
It shall be unlawful for any person to remove, alter, damage
or otherwise tamper with a trap or equipment set out by an animal
control officer.
(1990 Code, sec. 2.1300)
A rental fee as provided for in section A4.01.016 of the fee schedule in appendix A to this code will be charged for traps released to persons living outside the city limits and within the county.
(1990 Code, sec. 2.1800)
Miscellaneous fees relating to animals shall be as set forth in section A4.01.017 of the fee schedule in appendix A to this code.
(Ordinance adopting Code)
