Animal.[1]
Any living creature, including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, fowl and livestock.
Animal control officer.
Any person designated by the supervisor of animal control to enforce the provisions of this chapter.
Backyard chicken.
A female chicken (hen) which is possessed or harbored for the purpose of providing organic egg production in compliance with this article.
Fowl.
A domesticated bird kept for its eggs or flesh, including but not limited to roosters, ducks, turkeys, geese, pigeons or guineas; excluding backyard chickens as defined in this article.
Harboring.
The act of keeping and caring for an animal or providing a premises to which the animal returns for food, shelter or care for a period of three days or more.
Kennel.
Any building, lot or premises on or in which any combination of cats and dogs total five (5) or more (at least eight (8) weeks of age) are kept, or any building, lot, or premises where dogs or cats are housed or accepted for boarding, for which remuneration is received. This term does not include a veterinary clinic, animal hospital, or pet store in the normal course of business.
Livestock.
All types of sheep, goats, swine, fowl, horses or any member of the domesticated equine family, including but not limited to mules, donkeys, ponies; and all members of the bovine family, including but not limited to cows, bulls, buffalo and bison.
Owner.
Any person, firm or corporation having title to any animal, or a person who has, harbors or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises.
Police department.
The reporting agent for the purposes of this chapter, whose duties consist of the following:
(1) 
Receiving all reports of animal bites and scratches to humans;
(2) 
Receiving all reports of suspect rabid animals;
(3) 
Other duties as entailed by the text of this chapter.
Rabies vaccination.
The vaccination of a dog, cat or other domestic animal with an antirabies vaccine approved by the United States Department of Agriculture and administered by a veterinarian licensed by the state.
Running at large.
An animal not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash, or held in the hands of the owner or keeper with sufficient strength to control the animal, or under direct supervision of the owner within the limits of the owner’s private property.
Stray animal.
Any animal for which there is not an identifiable owner or harborer.
Unprovoked attack.
Relating to an attack by an animal, shall mean that the animal was not hit, kicked or struck by a person with any object or part of a person’s body, nor was any part of the animal’s body pulled, pinched or squeezed by a person.
Vicious animal
shall mean:
(1) 
Any animal that, when unprovoked, inflicts severe injury or death to a person, or bites or attacks a person on public or private property; or
(2) 
Any animal that has killed or severely injured a domestic animal without provocation while off the owner’s property; or
(3) 
Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in an apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person; or
(4) 
Any individual animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals.
Wild animal.
Any poisonous or dangerous reptile, or any other animal which can normally be found in the wild state, not normally capable of being domesticated including, but not limited to skunks, foxes, leopards, panthers, tigers, lions, and lynx, unless certified for medical, biological, herpetological or other scientific research or study.
(Ordinance 2005-48, sec. 1, adopted 10/25/05; Ordinance 2017-06, sec. 1, adopted 1/24/17)
[1]
Editor’s note–The caption of Ordinance 2005-48 states, in part, "REMOVING ‘INSECTS’ FROM SECTION 1"” However, the word "insects" was retained in the adoption of Ordinance 2005-48. Because of the apparent intent of the city to remove the word "insects," the definition of "animal" has been editorially changed to remove that word.
Any violation of the terms of this chapter is declared to be a misdemeanor, and any person found to be guilty thereof shall be punishable by a fine as provided in section 1.01.009. Each day that such violation continues shall constitute a separate offense and shall be punishable accordingly.
(Ordinance 2005-48, sec. 21, adopted 10/25/05)
(a) 
Enforcement of this chapter shall be the responsibility of the animal control officer.
(b) 
Any animal control officer shall have the authority to issue citations for any violation of this chapter. If the person being cited is not present, the environmental control officer may send the citation to the alleged offender by certified mail.
(c) 
It shall be unlawful for any person to interfere with, molest, hinder or prevent the police, animal control officer or their authorized representatives in the discharge of their duties as herein prescribed, or to violate any of the provisions of this chapter.
(d) 
No person shall remove, alter, damage, or otherwise tamper with a trap set out by the animal control supervisor or his deputies or any of their equipment.
(Ordinance 2005-48, sec. 2, adopted 10/25/05)
(a) 
It shall be unlawful for any person or owner who possesses, has, harbors, or keeps an animal, to permit or to allow the animal to run at large, as defined in section 2.01.001 of this article.
(b) 
It shall be unlawful for any person to allow any chickens, turkeys, geese, ducks or pigeons or other fowls owned by him or under his control to be or run at large upon the highways, streets or alleys or the city or upon premises owned or occupied by other persons, without the consent of such other persons, within the city limits.
(c) 
The animal control officer is authorized to impound such animals running at large, other than a cat, and may impound a cat under conditions specified in article 2.02 of this chapter and/or when he has received a complaint that the cat causes a nuisance or hazard to the health or welfare of human or animal population.
(Ordinance 2005-48, sec. 4, adopted 10/25/05)
(a) 
It shall be unlawful for any person to keep or maintain any animal on his premises in such a manner as to endanger the public health, to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors or are considered to be a hazard to any other animal or human being, or by continued presence on the premises of another.
(b) 
It shall be unlawful for any person to keep or maintain for possession any combination of dogs and cats that total more than four (4) on any residential lot of two (2) acres or less.
(Ordinance 2005-48, sec. 5(B), 5(C), adopted 10/25/05)
It is unlawful for any person, firm or corporation to own, keep or harbor any livestock, backyard chickens, or fowl on any premises, except for conditions listed below:
(1) 
Any livestock or fowl may be owned, kept, or harbored under the following conditions:
Number of animals
Minimum area required
1
1/2 acre
2
1 acre
Each additional animal
1/2 acre
(A) 
Any stable, corral, animal enclosure and containment structures, feed and bedding shall be located a minimum 100 feet from private residence, in order to minimize odor and nuisance problems.
(B) 
Premises must be maintained in such a manner as not to create a health nuisance. Corral and stables shall be maintained in clean, sanitary conditions at all times.
(C) 
It shall be unlawful for any person or owner who possesses, has, harbors, or keeps livestock, to permit or allow the animal to run at-large, as defined in section 2.01.001 of this article.
(2) 
Backyard chickens may be owned, kept, or harbored under the following conditions:
Number of chickens
Minimum area required
Up to 4 maximum
0 to 1/2 acre
Up to 8 maximum
1/2 acre to 1 acre
Each additional chicken
1/2 acre
(A) 
The backyard chicken(s) shall be kept within a secure chicken coop and run except when being removed to be transported off of the property or returned from a location off of the property;
(B) 
The chicken coop and run must be located within the rear yard and no closer than five (5) feet from any property line;
(C) 
The chicken coop in which the backyard chicken is kept must be:
(i) 
No more than 200 square feet in size excluding the run and with a maximum height of the coop seven (7) feet at the highest point of the roof;
(ii) 
Constructed in a workmanship like manner of naturally decay resistant wood, or wood that has been pressure treated to resist decay, or galvanized steel or aluminum;
(iii) 
Constructed in such a manner as to be easily movable;
(iv) 
Exterior must be stained, sealed or painted to provide additional weather protection to the materials of the chicken coop or structure; and
(v) 
Chicken coop and chicken run shall be maintained and shall be regularly cleaned to control dust, odor, and waste and not constitute a safety hazard, or health problem to surrounding properties;
(vi) 
A minimum of four (4) square feet of space per chicken shall be provided in both the coop and run.
(D) 
Premises must be maintained in such a manner as not to create a health nuisance.
(Ordinance 2017-06, sec. 2, adopted 1/24/17)
It shall be unlawful for any person to own, keep or raise bees within the limits of the city in any district where there are at least four occupied dwelling houses within 600 feet of the place where such bees are owned, kept or raised.
(Ordinance 2005-48, sec. 7, adopted 10/25/05)
(a) 
Cruelty to animals.
It is prohibited and it shall be unlawful for any person to knowingly or intentionally commit or cause to be committed any act of cruelty, harassment, or torture of any animal or cause such animal to be mutilated or inhumanely killed. Ownership, or the commission of such acts of cruelty on private property, shall not be justifiable defense for violation of this section. It shall be unlawful for any person to unreasonably withhold food, water or shelter from any animal such that the animal’s health is endangered or it is caused to unduly suffer.
(b) 
Poisoning.
It is prohibited and it shall be unlawful for any person to poison any domestic animal or to distribute poison or toxicant on public or private property in any manner whatsoever with the intent of poisoning any domestic animal.
(c) 
Abandoning animals, alive or dead.
It is prohibited and shall be unlawful for any person to intentionally release, abandon or discard a dog, cat or any other animal in their custody, alive or dead, in the city limits.
(Ordinance 2005-48, sec. 8, adopted 10/25/05)
(a) 
It shall be unlawful for any person to sell, offer for sale, barter or give away as toys, premium 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 animal control.
(b) 
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.
(Ordinance 2005-48, sec. 9, adopted 10/25/05)