It is the purpose of this chapter to provide regulations for the control and care of animals, to prevent and control the transmission of rabies to human beings and domestic animals, to reduce the number of stray dogs and cats in the city and the attendant health risks such animals pose, to encourage responsible animal ownership, to prevent nuisances, and to protect the health, safety, and welfare of the public.
(2003 Code, sec. 2.101)
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adopt or adoption, with respect to animals.
The purchase of a dog or cat from the city to be kept as a pet.
Animal.
Any living creature, including, but not limited to, dogs, cats, cows, horses, birds, fowl, fish, mammals, reptiles, insects, and livestock, but specifically excluding human beings.
Animal control facility or animal shelter.
A facility operated by the city for the purpose of impounding and caring for animals held under the authority of this chapter or state law.
Animal services officer.
An individual designated by the city to represent and act for the city in impounding animals, controlling animals running at large, and as otherwise provided by this chapter, and includes individuals acting under the authority, direction, or supervision of the animal services officer.
Approved enclosure.
An enclosure constructed of a metal fabric or wall, with four sides and a top, constructed in a manner that prevents a dangerous animal from escaping.
At large or running at large.
An animal that is not:
(1) 
Confined to the premises of its owner by a physical fence of sufficient strength and height to prevent the animal from escaping therefrom;
(2) 
Confined within a house, building, or other enclosure; or
(3) 
Secured on said premises by a leash of sufficient strength to prevent the animal from escaping from the premises, and so arranged that, when the leash is stretched to full length in any direction, the animal will remain upon said premises and not be able to reach a roadway, right-of-way, sidewalk, alleyway or common-use area.
An animal shall not be considered at large when confined within a vehicle or when held and controlled by an individual by means of a leash, cord, chain, or rope of proper strength and length to control the actions of the animal.
Bite.
Any abrasion, scratch, puncture, tear, or piercing of skin actually or suspected of being caused by an animal.
Breeder.
A residence or kennel in which one or more specific breeds of dogs or cats are bred and raised for sale.
Cat.
All domestic species or varieties of Felis catus, male or female, alive or dead.
Circus.
A commercial variety show featuring animal acts for public entertainment that has received city approval for its performances.
Commercial animal establishment.
Any pet shop, auction, riding school or stable, zoological park, circus, recurring animal exhibition, kennel, grooming shop, or other establishment in which animals are kept or used to generate revenue or financial profit.
Confined or confinement, with respect to an animal.
Within a house, building, or other enclosure, or within a fenced yard or premises, so that the animal cannot escape from said house, building, other enclosure, or fenced yard or premises without human assistance.
Dewormed.
A dog or cat has been effectively treated for roundworms, hookworms, and tapeworms within the immediately preceding 12-month period.
Dog.
All domestic species or varieties of Canis familiaris, male or female, alive or dead.
Fowl.
Any bird, wild or domesticated, including, but not limited to, chickens, ducks, geese, peacocks, pheasants, quail, and turkeys, but excluding birds commonly kept as household pets, such as parakeets, parrots, and the like.
Harboring.
The act of keeping and caring for an animal or providing premises to which the animal returns for food, shelter, or care for a period of at least three days, or taking control of an animal for at least 24 consecutive hours.
Humane manner.
The care of an animal, to include, but not be limited to, providing adequate heat, space, ventilation, sanitary shelter, and wholesome food and water consistent with the normal requirements of the animal’s size, species, and breed.
Hybrid.
An animal produced by breeding one animal species or subspecies with another, or with another genus.
Impound.
Apprehending, catching, trapping, netting, tranquilizing, confining, or, if necessary, destroying any animal by the animal services officer.
Inoculated.
(1) 
When referring to a dog, a dog that has been injected for prevention of parvo and distemper within the immediately preceding 12-month period; and
(2) 
When referring to a cat, a cat that has been injected for prevention of infectious feline diseases, panleukopenia, viral rhino tracheitis, and calcivirus within the immediately preceding 12-month period.
Isolated.
To be kept separated and protected from all other animals or humans.
Kennel.
Any premises wherein a person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
Livestock.
Animals commonly associated with farming, ranching, or recognized commercial production, including, but not limited to, cattle, horses, mules, donkeys, jacks, jennets, asses, sheep, goats, hogs, swine, potbelly pigs, emus, llamas, and ostriches.
Occupied building.
A building occupied by any individual on a regular or ongoing basis.
Owner.
A person that has a property right or interest in an animal, harbors an animal, or allows an animal to remain on premises for a period of at least 24 hours.
Performing animal exhibition.
Any spectacle, display, act, or event, other than a circus, in which performing animals are used.
Person.
Any individual, partnership, firm, public or private corporation, association, trust, estate, or other legal entity.
Pet.
Any animal kept for pleasure rather than utility.
Pet shop.
A business enterprise, except for a licensed kennel, that buys, sells, boards, or grooms animals.
Quarantine.
A period of time in which an animal is isolated and under close observation for signs of rabies or other zoonotic diseases in accordance with state law and applicable regulations of the department of state health services.
Residential premises.
A house or other building in which one or more individuals reside, and includes the lot or other property tract upon which the house or other building is located.
Restraint.
A method of securing an animal to prevent it from running at large.
Riding school or riding stable.
Any place that has one or more horses, ponies, donkeys, mules, or burros available for hire or riding instruction, or provides boarding services for any such animals for a fee.
Secure enclosure.
A physically fenced area or structure that:
(1) 
Is kept locked;
(2) 
Prevents the entry of the general public, including children;
(3) 
Prevents the escape or release of an animal;
(4) 
Is clearly marked as containing a dangerous animal; and
(5) 
Conforms to all other requirements established by the local animal services authority for a secure enclosure.
Stray.
Any animal that is impounded or brought to an animal shelter and is not wearing a collar or harness with a license tag, vaccination tag, or identification tag, and does not have an identification tattoo or microchip implant.
Tag.
A metal tag issued by the city or the administering veterinarian when an animal is vaccinated, and that contains the name of the veterinary clinic, the tag number, and the year of issuance.
Vaccination or vaccinated.
An injection of rabies vaccine licensed for use in that species by the United States Department of Agriculture, properly injected at intervals prescribed by the department of state health services, and that has been administered by or under the direct supervision of a veterinarian.
Vaccination certificate.
A document, issued by the person administering a vaccination, containing:
(1) 
A unique registration number as required by the jurisdiction in which the record of the vaccination is kept;
(2) 
The species, breed, name, color, and gender of the animal receiving the vaccination;
(3) 
The name and address of the owner of the animal; and
(4) 
The date of the vaccination.
Veterinarian.
A doctor of veterinary medicine who holds a valid license to practice in the state.
Veterinary hospital or veterinary clinic.
Any establishment maintained and operated by a veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
Wild animal.
An animal that commonly exists in a natural, unconfined state and is not domesticated, or was domesticated but has become feral, regardless of the circumstances or duration of captivity. Examples of wild animals include, but are not limited to, live monkey, raccoon, skunk, fox, lion, tiger, bobcat, cougar, panther, leopard, cheetah, bear, javelin, wolf, coyote, elephant, Gila monster, water moccasin, coral snake, rattlesnake, copperhead, king cobra, other poisonous snakes and reptiles, python, boa constrictor, crocodile, and alligator. This definition includes hybrids.
Zoological park.
Any facility, other than a pet shop or kennel, displaying or exhibiting to the public one or more species of nondomesticated animals.
Zoonotic diseases.
Those diseases that can be transmitted from animals to humans under normal conditions.
(2003 Code, sec. 2.102; Ordinance 12-08, sec. 2, adopted 5/15/12; Ordinance 20-07 adopted 3/17/20)
This chapter does not apply to educational institutions or to veterinarians unless otherwise provided herein.
(2003 Code, sec. 2.201)
(a) 
Enforcement of this chapter shall be the responsibility of the animal services officer or any police officer.
(b) 
The enforcement officers shall have the authority to issue citations for any violation of this chapter. If the person being cited is not present, the officer issuing the citation may send the citation to the alleged offender by certified mail, return receipt requested.
(c) 
It is unlawful for a person to interfere with an enforcement officer in the performance of the officer’s duties.
(d) 
Enforcement officers are authorized to pursue animals running at large onto private property while enforcing the provisions of this chapter.
(2003 Code, sec. 2.202)
The finance department shall be responsible for collecting all fees established and levied in accordance with this chapter.
(2003 Code, sec. 2.203)
It is unlawful for any owner to cause, permit, suffer, or allow any dog, cat, or other animal possessed, kept, or harbored by him to run at large.
(2003 Code, sec. 2.901)
It is unlawful and a public nuisance for a person to allow any pen, enclosure, yard, or similar place used for keeping animals to become unsanitary, offensive by reason of odor, or disagreeable because of flies or other insects to individuals of ordinary sensibilities residing in the vicinity thereof. Any condition injurious to public health caused by improper waste disposal is a violation of this chapter.
(2003 Code, sec. 2.1001)
A person having custody or control of any dog shall remove immediately any feces left by such dog on any public property, including parks, streets, rights-of-way, and sidewalks, or on any other person’s lawn or property, and dispose of the feces in a sanitary manner.
(2003 Code, sec. 2.1002)
(a) 
A person commits an offense if he knowingly owns an animal that unreasonably barks, howls, crows, or makes other unreasonable noise near a private residence. Noise made by an animal is unreasonable under this subsection if the noise continues more than 15 consecutive minutes of unprovoked noise.
(b) 
A person who is disturbed by an animal that unreasonably barks, howls, crows, or makes other unreasonable noise near a private residence may file a disturbance complaint with the director/supervisor. A disturbance complaint must include the name and address of the complainant, the location of the disturbance, the type of animal causing the disturbance, and the times that the animal is causing the disturbance.
(c) 
The director/supervisor shall mail to the animal's owner a notice that the disturbance complaint has been received. A copy of the notice must be mailed to the complainant.
(d) 
If, after receiving notice from the director/supervisor that a disturbance complaint has been received, the owner continues to allow the animal to cause a disturbance the director/supervisor may issue a citation to the owner for the violation of this section.
(Ordinance 22-28 adopted 8/16/22)
Humane traps may be used for capturing animals running at large. The use of steel-jaw traps to apprehend animals is unlawful; provided, however, that a city-approved professional trapper may use snares or leg-hold traps to capture wild animals or other animals that have been determined by the animal services officer to be a danger to individuals or property.
(2003 Code, sec. 2.1201)
(a) 
A person commits an offense if he owns or harbors more than four dogs, four cats, or a combination of dogs and cats totaling more than four on residential premises. This limitation does not apply to dogs and cats under the age of six (6) months old.
(b) 
It is a defense to prosecution under this section that the person holds a kennel permit for the premises.
(Ordinance 22-15 adopted 4/19/22)
No owner of a dog, cat, or other animal and no manager, clerk, owner, or operator of a commercial place where food is exposed, served, sold, or processed for human consumption shall permit a dog, cat, or other animal to enter or remain in a commercial place where food is exposed, served, sold, or processed for human consumption, other than a dog certified to provide assistance to an individual with a vision or hearing impairment while providing such assistance.
(2003 Code, sec. 2.1401)
(a) 
The owner or possessor of any animal that dies within the city limits shall, within 24 hours after the death of the animal, have the animal removed at the owner’s expense by the most direct route from within to outside the city limits.
(b) 
Veterinary clinics in the city will be charged a disposal fee for dogs and cats as set forth in appendix A of this code. The clinic must assist with loading the dead animals for disposal. The fees may be waived for services and supplies provided to the city.
(c) 
Dogs, cats, and other domesticated animals weighing over two pounds shall not be placed in residential garbage containers, but must disposed of pursuant to this section.
(2003 Code, sec. 2.1901; Ordinance 12-03, sec. 10, adopted 2/21/12)
It is unlawful to slaughter any animal in plain view within the city limits. Once the process is finished, the remains of the animal shall be picked up and removed from the city immediately.
(2003 Code, sec. 2.1902)
It is unlawful for a person, without proper authority, to break into, open, pull down, or make any opening into an animal control facility, animal shelter, or enclosure belonging to or used by the city for the purpose of impounding or keeping therein any animals or fowl, or to turn out, release, or assist in releasing any animal from an animal control facility, animal shelter, or enclosure.
(2003 Code, sec. 2.2101)
In addition to actions and conditions provided elsewhere in this chapter to be public nuisances, each of the following is a public nuisance and a violation of this chapter:
(1) 
Keeping or harboring any animal in such a manner as to endanger the public health or as calculated to unreasonably annoy neighbors by the accumulation of animal wastes that cause foul and offensive odors;
(2) 
Keeping or harboring any animal which, by causing frequent or long-continued barking or noise, disturbs any individual of ordinary sensibilities in the vicinity;
(3) 
Allowing an animal pen, stable, or enclosure in which any animal may be kept or confined to become offensive to individuals of ordinary sensibilities;
(4) 
Keeping or harboring bees in such a manner as to deny any person the uninterrupted use and enjoyment of adjacent property or endanger personal health and welfare;
(5) 
Keeping or harboring any animal in a manner or place that endangers the public health by the accumulation of animal wastes that creates foul and offensive odors or a breeding place for flies and mosquitoes;
(6) 
Allowing an animal to run at large;
(7) 
Keeping livestock in violation of this chapter;
(8) 
Keeping chickens or other fowl in violation of this chapter;
(9) 
Keeping a kennel in violation of this chapter;
(10) 
Keeping rabbits in violation of this chapter;
(11) 
Failing to keep fowl, rabbits, minks, or other fur-bearers not already addressed in this section in a secure pen or enclosure which is cleaned and disinfected with sufficient frequency to prevent any unsanitary conditions, or failing to store the waste from such animals in a flyproof container and remove the waste from the city on a weekly basis;
(12) 
Keeping or harboring a dangerous or wild animal in violation of this chapter;
(13) 
Releasing a wild animal to run at large;
(14) 
Abandoning, leaving unattended on a public right-of-way, or discarding an animal, whether alive or dead;
(15) 
Allowing an animal to graze or go upon any street or public thoroughfare within the city, or graze or go upon any public or private property within the city, except by written permission of the owner or custodian of such public or private property;
(16) 
Violating section 2.01.006 of this chapter;
(17) 
Keeping an animal when a license, permit, or registration for the animal has expired or has been denied or revoked;
(18) 
Failing to keep an animal under restraint as required by this chapter;
(19) 
Placing or setting out steel-jaw leg or neck traps with the intent of trapping, capturing, or catching any animal by an individual other than the animal services officer or individuals acting under his direction, an individual employed by the state parks and wildlife department, an individual employed by the United States Animal Damage Control Service, or a professional trapper employed by the city;
(20) 
Without regard to mental state, tampering with a trap or hindering or interfering with a person lawfully trapping or attempting to trap an animal;
(21) 
Failing to provide adequate shelter or protection for any animal left outside in excess of one hour; and
(22) 
Failing to remove animal waste as required by this chapter.
(2003 Code, sec. 2.2201; Ordinance 22-15 adopted 4/19/22)
(a) 
Sale of animals from public property.
(1) 
A person commits an offense if he sells, exchanges, barters, or gives away, or offers to sell, exchange, barter, or give away, any animal from:
(A) 
Any public property; or
(B) 
Any property to which the public has access that does not have a valid certificate of occupancy allowing the sale of animals on the property.
(2) 
It is a defense to prosecution under subsection (a) that the person is:
(A) 
Animal control; or
(B) 
An animal adoption agency
(b) 
Sale of dogs and cats.
(1) 
A person commits an offence if he sells, exchanges, barters, or gives away, or offers to sell, exchange, barter, give away, or transfer, a dog or cat four months of age or older unless:
(A) 
The dog or cat is currently vaccinated or cannot be vaccinated due to health reasons as verified by a licensed veterinarian; and
(B) 
The person has a current registration receipt and registration tag for the dog or cat.
(2) 
It is a defense to prosecution under subsection (b) if the person is:
(A) 
Animal control;
(B) 
An animal welfare organization; or
(C) 
An animal adoption agency.
(Ordinance 22-28 adopted 8/16/22)