For the purposes of this chapter, certain terms and words are
hereby defined. Words used in the present tense include the future,
the singular number includes the plural, and the plural the singular;
reference to the male gender includes the female, and references to
any person or animal without specifying gender include both male and
female; the word “shall” is mandatory and directory wherever
it is used in the chapter. Other words defined are:
Leaving in an enclosure or at-large without providing food,
water, or shelter from the sun, rain, hail, or snow.
Wounded, maimed, trapped, beaten, crippled, starved, or tortured
by any means or lack of necessary immediate medical care or failure
to give food, water, shelter, and shade, be it manmade or natural.
Any living creature, except human beings, classified as a
member of the Kingdom Animalia and including, but not limited to,
mammals, birds, reptiles and fish.
An employee of the city appointed by the city manager to
supervise the operation and maintenance of the city’s animal
services facility, to act as the animal control authority under state
law, and to help carry out and enforce the provisions of this chapter.
Any person, partnership or corporation engaging in the business
of buying, selling or trading animals to others in any public area,
including, but not limited to, sale of any animal at a roadside stand,
booth, flea market, or other temporary site. This definition does
not include private party animal sales or government operated animal
shelters.
Any facility or business that has custody or control of animals
within the city including, but not limited to, pet shops, volunteer
or public kennels or rescue shelters, pet grooming facilities, animal
auction facilities or commercial kennels. This term does not include
veterinary or medical facilities, research or other facilities licensed
by government agencies.
Any exhibition or act featuring performing animals, including
circuses, temporary animal exhibits, petting zoos and private zoos.
Such exhibitions shall not include resident or non-resident dog and
cat shows which are sponsored and/or sanctioned by the animal services
division.
The department of the city tasked with the responsibilities
set forth herein and any other animal related matters as may be deemed
necessary by the city manager.
An establishment operated by the city for the temporary confinement,
safekeeping, and control of animals which come into the custody of
the city.
A place where honeybee colonies are kept.
Any animal professionally trained to assist a person with
a disability.
An animal (excluding sterilized and registered cats) that meets
one (1) of the following criteria:
On-premises of owner.
Any animal not confined to the premises of the owner by some
physical means of sufficient height, strength, length, and/or manner
of construction to preclude the animal from leaving the premises of
the owner. Any animal being contained by a fence that, because of
the fence’s lack of height or general disrepair, cannot properly
restrict the animal, shall be considered at-large.
Off-premises of owner.
Any animal which is not physically and continually restrained
by some person by means of a leash or chain of proper strength and
length that precludes the animal from making unsolicited contact with
any person, their clothing, their property, or their premises.
The term shall not include animals being trained or exhibited
while under the immediate physical control of a person.
Biting or scratching of a person or an animal by an animal.
Any place or facility where animals are regularly bought,
sold or traded. This definition does not apply to individual sales
of animals by private owners.
A person who owns, leases, or manages one (1) or more colonies
of honeybees, whether for private or commercial purposes.
A person who breeds dogs or cats and transfers possession
of more than one litter per breeding female dog or cat.
Any live or dead cat (Felis catus).
A commercial variety show featuring animal acts for public
entertainment.
The City of Joshua, Texas.
The city manager of the city.
A hive and its equipment and appurtenances include honeybees,
comb, honey, pollen and brood.
Establishments that engage in activities that include animal
dealer, animal establishment, and animal exhibition, as those terms
are defined herein.
A public nuisance that, after required notice is given to
the owner of an animal(s) or person in control of an animal(s), continues
unabated, as determined by the animal control officer.
Includes tortured, seriously overworked, unreasonably abandoned,
unreasonably deprived of necessary food, care or shelter, cruelly
confined, or caused to fight with another animal.
Regardless of the individual’s animal age or health:
Any individual animal which, because of its physical nature
and/or vicious propensity, would constitute a danger to human life
or property; or any animal that is possessed of tendencies to attack
or to injure human beings or other animals;
An animal that commits an unprovoked attack on a human being
that causes bodily injury and occurs in a place other than an enclosure
in which the animal was being kept and that was reasonably certain
to prevent the animal from leaving the enclosure on its own;
An animal that commits unprovoked acts in a place other than
an enclosure in which the animal was being kept and that was reasonably
certain to prevent the animal from leaving the enclosure on its own
and those acts cause a person reasonably to believe that the animal
will attack and cause bodily injury to that person;
An animal that makes an unprovoked attack on a domestic animal
or domestic fowl that causes bodily injury or death and which occurs
when such animal is at-large; or
A dangerous wild animal, as defined herein.
Any animal of a species defined as a “dangerous wild
animal” in subchapter E (dangerous wild animals), chapter 822
(regulation of animals), of the Texas Health and Safety Code.
A structure for housing bees that has a depth not larger
than 9-5/8" deep.
The city health department.
Any live or dead dog (Canis familiaris).
A structure made of wood, plastic, or metal materials, but
not limited to any of the above, that is for the sole use of a dog.
The dog house shall be made of a material to protect the animal from:
rain, snow, or other unfavorable weather conditions.
Any species of animal that is considered endangered by international,
federal, or state regulations.
The public health administrator, local rabies control authority,
local health authority, animal services officers, peace officers,
firefighters and other authorized employees of the city.
Any unbranded sheep, cattle, horses, or mules found running
at-large, or any branded sheep, cattle, horses, or mules found running
at-large, or any swine found running at-large; but it does not mean
nor include any unweaned animal specified in this section that is
running with its mother.
A temporary care facility for an animal.
A dog that has been trained professionally to display aggressive
training for the specific purpose of protecting persons or property.
To provide home, sustenance, shelter, refuge, care or habitat
for or to exercise custody or control over a domestic animal.
Any person, family, group of persons, firm, corporation,
association, or partnership who harbors a domestic animal.
A structure intended for the housing of a honeybee colony.
Any stage of the common honeybee, Apis mellifera species.
Any acceptable method such as microchipping, or tattoo readily
traceable to the current owner.
The placing of an animal in the city’s animal services
facility, or, the taking into custody of an animal for the purposes
of transportation to the city’s animal services facility.
Any treatment of an animal prohibited by any provision of
law, including federal, state and local laws, ordinances or rules.
For purposes of this chapter only, any establishment where
a person, partnership or corporation keeps dogs or cats primarily
for the purpose of breeding, buying, selling, trading, showing, training
or boarding such animals.
A veterinarian licensed by the Texas Board of Veterinary
Examiners.
Means or includes, regardless of age, sex or breed, horses,
consisting of all equine species including mules, fowls, donkeys,
and jackasses; cows, consisting of all bovine species; sheep, consisting
of all ovine species; llamas or alpacas; goats, consisting of all
caprine species; and pigs, consisting of all swine species.
The animal control officer or other designee of the public
health administrator.
A structure for housing bees that has a depth not larger
than 6-5/8" deep.
A passive electronic device that is injected into an animal
by means of a hypodermic-type syringe device. Each microchip shall
contain a unique and original number that is read by an electronic
scanning device for purposes of animal identification and recovery
by the animal’s owners. The microchip shall be supplied with
an exterior collar-type tag for purposes of an external means of notifying
others that the animal has been implanted with a microchip.
An electronic scanner with an operating frequency that is
able to detect a microchip that has been implanted in an animal, and
display the number of the microchip to its operator. The microchip
reader shall be of a type that activates and displays the number of
a microchip manufactured by multiple vendors.
The City of Joshua Municipal Court of Record.
Without sufficient food, shelter, shade, water, or without
appropriate veterinary care and treatment to maintain health or heavily
infested with parasites.
Any animal, male or female, rendered incapable of breeding
or being bred.
Any person, partnership, corporation, association or legal
entity that harbors, shelters, keeps, controls, manages, possesses
or has whole or part interest in any animal. The occupant, owner or
head of household of any premises where an animal remains for seventy-two
(72) hours or more shall be rebuttably presumed to be the owner of
such animal, unless the animal has been reported to the animal control
shelter as a stray animal. An occupant of any premises on which a
dog or cat remains or customarily returns is a person responsible
for it under this chapter. If a person under the age of seventeen
(17) years owns an animal subject to the provisions of this chapter,
the head of the household of which such person under the age of seventeen
(17) years is a member shall be the person responsible for the animal
under this chapter. Such household head may himself be under the age
of seventeen (17) years and therefore subject to prosecution under
this chapter. There may be more than one person responsible for an
animal.
Any animal that may be kept as a pet within the city so long
as all of the required provisions of this chapter are met, and is
not a dangerous wild animal or a wild animal, including but not limited
to the following animals:
Birds.
Any birds commonly kept as pets that are not protected from
ownership by any state or federal law, or any bird kept for falconry
purposes by a state and federally permitted falconer;
Fish.
Any fish commonly kept as pets that are not protected from
ownership by any state or federal law;
Mammals.
Includes any mammal commonly kept as pets including dogs,
cats, ferrets, rabbits, guinea pigs, hamsters, hedgehogs, rats, mice,
chinchillas, and sugar gliders but not limited to these; or
Reptiles.
Any non-venomous reptile that is not protected from ownership
by any state or federal law.
A certificate issued, pursuant to this chapter, by the city.
An animal that poses a potential physical or zoonotic disease
threat; that is a member of an endangered species; or that is protected
by International, Federal, or State Regulations other than a common
domestic species regardless of state of duration of captivity including,
but not limited to, the following categories:
Class Reptilia.
(A)
Category I.
Order Squamata, family Helodermatidae (the venomous lizards
such as Gila monsters and beaded lizards), family Hydrophiidae (marine
snake), family Vioeridae (such as rattlesnakes, copperheads, cottonmouth,
moccasin, and true vipers), family Elapidae (such as coral snakes,
cobras, and mambas), family Colubridae (including rear-fanged colubrids
such as Dispholidus typus (boomslang), Hydrodynastes gigas (water
cobra), Boiga dendrophilia (mangrove snake), and other venomous Boiga
species, and Thelotornis kirtlandi (twig snake), family Boidae (such
as pythons and boas longer than six (6) feet, anacondas); order Crocodilia
(such as crocodiles, caimans, and gavials).
Class Aves.
(A)
Category II.
Order Sfrigiformes (such as owls), order Falconiformes (such
as falcons, hawks, eagles, and vultures).
Class Mammalia.
(A)
(B)
Category III.
Order Carnivoria, family Felidae (such as lions, ocelots,
margays, tigers, jaguars, leopards, and cougars) except domestic cats,
the family Canidae (such as wolves, dingos, coyotes, and jackals),
except domestic dogs, family Ursidae (such as bears), suborder Pinniedia
(such as seals and sealions) order Primata (such as apes, orangutans,
chimpanzee, and gorillas) order Proboscida (elephants) order Chiroptera
(bats) order Ungulata (such as antelopes, deer, bison, and camels)
and order Marsupiala (such as kangaroos), and any hybrid thereof.
Category IV.
Order Carnivora, family Mustelidae (such as weasels, skunks,
martins, mink, and badgers), except ferrets, family Procyonidae (raccoon)
family Vivveridae (such as civets and mongooses); order Edentata (such
as sloths, anteaters, and armadillos), and order Rodefia (such as
porcupines).
Fish.
(A)
Category V.
Order Anguilliforms, family Muraenidae and family Congridae
(eels) order Cypriniforms; and family Characidae (piranha fish).
Exceptions to list of class; family and order of prohibited
animal.
Prohibited animal does not include livestock, fowl, ratites,
poultry, or common household pets, such as a psittacine bird, canary,
finch, cockatiel, or other commonly kept domestic birds, small monkey,
hamster, guinea pig, gerbil, rabbit, fish, or small non-venomous reptile
which is less than six (6) feet long and are not listed in any category
above.
The administrative official appointed by the city manager.
The conduct of any owner in allowing an animal to:
Engage in conduct which establishes such animal as a dangerous
animal, as defined herein;
Damage, soil, defile or defecate on private property other than
the owner’s or on public property, unless such waste is immediately
removed and properly disposed of by the owner of the animal;
Be at-large, as defined herein (excluding sterilized and registered
cats that are identified by some means of traceable identification);
Cause a disturbance by excessive barking, howling, or noise
making near the private residence of another;
Produce odors or unclean conditions sufficient to offend a person
of normal sensibilities standing or which creates a condition conductive
to the breeding of flies or other pests;
Chase vehicles, or molest, attack or interfere with other animals
or persons, or is at-large on public or private property; or
Create a condition that is dangerous to human life or health;
renders the ground, the water, the air or the food a hazard or injurious
to human life or health or that is offensive to the senses; or that
is detrimental to the public health.
To take into custody, place in confinement, and isolate from
human beings and other animals. The quarantine period for a dog, cat,
domestic ferret, or other mammal for rabies observation is ten (10)
days or 240 hours from the date and time of the bite, scratch or other
exposure, or as recommended by the regional veterinarian from the
Texas Department of State Health Services.
A rabies certificate issued by a licensed veterinarian and
an identification tag recognized by animal services from an approved
issuing agent.
To control an animal by physical means so that it remains
on the premises of the owner, or, when off the owner’s premises,
by means of a cage, or leash or rope under the direct control of a
person of sufficient strength to control the animal.
To be free of physical restraint outside of an enclosed or
fenced area. Voice control alone does not constitute physical restraint.
An injury characterized by severe bite wounds or severe ripping
and tearing of muscle that would cause a reasonably prudent person
to seek treatment from a medical professional and would require hospitalization
without regard to whether the person actually sought medical treatment.
Any natural or manmade structure that will provide shade
from the sun not to include a dog house, shed, lean-to, or space under
a house or mobile home.
A structure for housing bees that has depth not larger than
5-7/8" deep.
Any structure that will shield an animal from rain, snow,
hail, freezing temperature, excessive heat, and other unfavorable
weather conditions, including direct exposure to wind from the north.
A shelter will consist of the following:
An animal rendered incapable of reproduction by means approved
by the American Veterinary Medical Association.
To chain, tie, fasten or otherwise secure an animal to a
fixed point or trolley system so that it can move or range only within
certain limits.
A type of identification, such as a tag, microchip, or tattoo
that can be readily used by animal services to identify the current
ownership of an animal.
An incident in which a dog which attacked a human being or
an animal was not hit, kicked, or struck by a human being with any
object or part of a human being’s body, nor was any part of
the dog’s body pulled, pinched, or squeezed by a human being,
nor was the dog taunted or teased by any human being, nor was the
human being in the dog’s territory on the property of the dog’s
owner at the time of the attack.
The inoculation of an animal with a rabies vaccine that is
licensed by the United States Department of Agriculture for use in
that species and which is administered according to the label’s
directions by a veterinarian for the purpose of immunizing the animal
against rabies.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseases and injuries of animals.
An organization that has met all of the state and federal
requirements to possess wildlife for educational purposes.
Any facility, other than a pet shop, kennel, or wildlife
education center, displaying or exhibiting one or more species of
nondomesticated animals, and operated by a person, partnership, corporation,
or governmental agency.
A disease which is of animal origin and usually causes illness
to other members of animal populations and which can adversely affect
man.
(Ordinance 822-2021 adopted 9/16/21; Ordinance
848-2022 adopted 10/20/2022)
(a)
There is hereby established a permit and appeals board for the purpose of hearing and deciding any appeal by any person aggrieved by a determination or decision authorized or otherwise rendered pursuant to this chapter. The permit and appeals board shall consist of the members of the animal control advisory board, established pursuant to section 2.04.001 of this chapter.
(b)
Any
appeal by an aggrieved person must be in writing and submitted to
the city manager within ten (10) calendar days of any determination
or decision rendered by the city or the animal control officer. Within
fifteen (15) calendar days of filing such an appeal, the city manager
shall inform an appellant in writing of the date on which the permit
and appeals board will consider the appeal. At the time of filing
the appeal, the appellant shall provide a detailed explanation why
the determination by the city or animal control officer was in error.
The decision of the permit and appeals board regarding any appeal
shall be final. Any appeal that is granted must be approved by a three-fourths
(3/4) vote of the permit and appeals board qualified to vote.
(c)
In
considering any appeal, the permit and appeals board is not restricted
to the rules of evidence applicable in a court but may rely upon that
evidence which a reasonable person would rely upon in reaching a decision.
Any person having knowledge of relevant or material facts shall be
allowed to appear and testify. The permit and appeals board shall
issue a written statement of its findings relative to the appeal and
a copy of its findings shall be provided to the appellant within three
(3) business days via personal service or by certified mail, return
receipt requested.
(Ordinance 822-2021 adopted 9/16/21)
(a)
Establishment
of the office of animal control officer:
(1)
There shall be and is hereby created the office of animal control
officer.
(2)
The animal control officer shall act as the local rabies control
authority for the purpose of enforcing animal health and control laws
of the state in the city.
(3)
The city may employ animal control officers to assist in the carrying
out of specified duties.
(b)
It
shall be the duty of the animal control officer and designated representatives
to:
(1)
Administer and enforce all state and federal laws pertaining to animals
and authorize the local rabies control authority or animal control
officers to enforce the same;
(2)
Administer and enforce the animal ordinances of the city when a nuisance
or health problem is caused by one (1) or more animals;
(3)
Supervise the animal services operations of the city; and
(4)
Aid the state health department in the enforcement of area quarantines.
(c)
The
animal control officer of the city shall have the authority to issue
citations for any violation of this chapter and any other power or
duty stated within the terms of this chapter. If the person being
cited is not present, the animal control officer may send the citation
to the alleged offender by registered or certified mail, return receipt
requested, by depositing the same in the U.S. Mail, postage prepaid.
(d)
It
shall be unlawful for any person to knowingly prevent, interfere with,
or obstruct the animal control officer in the performance of their
duties. It shall be unlawful for any person to fail to comply with
any lawful order of the local rabies control authority officer or
any animal control officer of the city.
(e)
The
local rabies control authority officer, any animal control officer,
or any peace officer is authorized to, including but not limited to:
(1)
Humanely euthanize an animal which poses an imminent danger to a
person or property or when a real or apparent immediate necessity
exists for the destruction of an animal.
(2)
Impound an animal which is diseased or endangers the health of a
person or another animal.
(3)
Impound any animal found to be running at-large within the city.
(4)
Humanely euthanize an impounded animal if the animal is suffering
from injury, disease, or illness.
(5)
Humanely euthanize any animal suspected of having rabies, or which
animal manifests a disposition to bite, when such animal(s) is found
at-large after having made a reasonable, but unsuccessful, effort
to capture the animal.
(6)
Humanely euthanize any impounded dangerous animal immediately upon
impoundment, unless there is reason to believe that it has an owner.
(7)
Humanely euthanize any wild animal immediately upon impoundment,
so long as such act does not violate state or federal laws.
(8)
Humanely euthanize any nursing baby animal impounded without the
mother, or where the mother cannot or refuses to provide nutritious
milk, to prevent further suffering.
(9)
Humanely euthanize or transfer to a humane organization any impounded
animal that is to be destroyed as a result of the animal being impounded
for more than seventy-two (72) hours.
(f)
In
any complaint and in action or proceeding brought for the enforcement
of any provision of this chapter, it shall not be necessary to negate
any exception, excuse, proviso, or exemption contained in this chapter;
and the burden of proof of any such exception, excuse, proviso, or
exemption shall be on the owner or defendant as an affirmative defense.
(g)
The
city shall be entitled to pursue all other criminal and civil remedies
to which it is entitled to under the authority of federal, state or
local law.
(h)
No
person shall interfere in any manner or give false information to
the local rabies control authority, the animal control officers and
other authorized employees of the city in the performance of their
duties.
(i)
Any
animal that is found to be in violation of this chapter may be impounded
by the animal control officer.
(Ordinance 822-2021 adopted 9/16/21)
(a)
The
animal control officer shall utilize the authority granted by federal,
state and local laws to lawfully seize and impound any animal if the
investigating animal control officer or police officer has reason
to believe that an animal has been, or is being cruelly treated, pending
a hearing before any Justice of the Peace or any municipal court judge
on the issues of cruelty and disposition of the animal. Seizure of
the subject animal prior to receiving a warrant is hereby authorized
if such a delay endangers the life or well-being of the animal, or
if it would unreasonably prolong the suffering of the animal needing
immediate attention.
(b)
It
shall be unlawful for a person to treat an animal in an inhumane or
cruel manner as defined by Texas Penal Code, section 42.09, as amended,
Texas Penal Code, section 42.091, as amended, Texas Penal Code, section
42.092, as amended, and Texas Health and Safety Code chapter 821,
as amended.
(c)
In
addition, a person commits an offense if:
(1)
A person other than a licensed veterinarian docks an animal’s
tail or removes dewclaws of a puppy over five (5) days of age, or
crops an animal’s ears of any age;
(2)
A person physically removes from its mother by selling, giving away,
delivering, trading, or bartering any dog, cat, ferret, or rabbit
less than six (6) weeks old or any other animal that is not yet weaned,
except as advised by a licensed veterinarian;
(3)
A person dyes or colors chicks, ducks or rabbits;
(4)
A person sells, gives away, delivers, trades or barters chickens
or ducks;
(5)
A person abandons or dumps any animal;
(6)
A person who is in control of a motor vehicle that strikes a domestic
animal fails to report the accident to the animal control officer
as soon as possible;
(7)
A person overdrives, overloads, drives when overloaded, or overworks
any animal;
(8)
A person tortures, cruelly beats, mutilates, clubs, shoots or attempts
to shoot with any air rifle, bow and arrow, slingshot, or firearm,
or by any other means needlessly kills or injures any animal, wild
or owned, within the limits of the city;
(9)
A person carries or transports an animal in any vehicle or conveyance
in a cruel, inhumane, or unsafe manner or fails to effectively restrain
such animal so as to prevent the animal from leaving or being accidentally
thrown from the vehicle during normal operation of the vehicle or
fails to restrain the animal so as to prevent infliction of bodily
harm to passersby;
(10)
A person forces, allows, or permits any animal to remain in its own
filth;
(11)
A person keeps, shelters, or harbors any animal having a potentially
life-threatening infestation of ticks, fleas, or other parasites,
any other obvious life-threatening illness, or injury, or any other
communicable illness transmissible to animal or human, without having
sought and obtained proper treatment from a licensed veterinarian
for such infestation or illness;
(12)
A person causes an animal to fight another animal or person;
(13)
A person fails to provide, at all times, his animal with adequate
wholesome food and potable water, proper shelter, shade (manmade or
natural) and protection from inclement weather, and veterinary care
when needed to prevent suffering;
(14)
A person, firm or corporation raises or kills a dog or cat for the
skin or fur;
(15)
A person, firm or corporation mutilates any animal, whether such
animal is dead or alive (medical or veterinary medical research, medical
or veterinary medical necropsy, and biology class use of animals shall
not be considered mutilation);
(16)
A person, firm or corporation attaches a collar or harness to an
animal that is of an inadequate size so that it restricts the animal’s
growth or causes damage to the animal’s skin;
(17)
A person engages or allows another to engage in any sexual act with
an animal;
(18)
A person allows a stray animal to remain on their property without
notifying the animal control officer of such fact within twenty-four
(24) hours;
(19)
A person who owns or is in control of an animal permits such animal
to be at-large within the city;
(20)
A person breeds or causes to be bred, any animal within the public
view;
(21)
A person who creates, maintains, permits or causes a public nuisance,
as defined in this chapter; or
(22)
A person owns, keeps, harbors, or possesses horses, cattle, or other
livestock in any manner that is a violation of this chapter.
(d)
This
section shall not be interpreted to restrict the extermination of
rats, mice, insects, other vermin, or any such animal deemed a nuisance
by state law, through the use of traps, poisons, or other commercially
available means when used in accordance with the manufacturer’s
directions as long as reasonable precautions are taken to ensure that
no human, pet, or wild animal, other than the targeted species, comes
into contact with the traps, poisons, or other means and that such
use does not violate any other section of this chapter.
(e)
This
section shall not be interpreted to restrict rodeos, 4H Clubs, or
Future Farmers of America (FFA) Club activities and operations.
(Ordinance 822-2021 adopted 9/16/21)
(a)
It
shall be a violation of this chapter for any person to give away any
live animal as a prize or as an inducement to enter any contest, game,
raffle, or other competition or an inducement to enter a place of
business or to offer such animal as an incentive to enter into any
business agreement whereby the offer was for the purpose of attracting
trade.
(b)
This
section shall not be interpreted to restrict any animal from being
offered for sale at auction, provided that such sale does not otherwise
violate any other section of this chapter.
(Ordinance 822-2021 adopted 9/16/21)
A person having charge or custody of an animal shall not place
or confine such animal or allow such animal to be placed or confined
in a motor vehicle or trailer under such conditions or for such a
period of time as may endanger the health of the animal due to heat,
lack of food or water, or such other circumstances as may cause injury
or death of the animal. An enforcement agent may, after attempting
to locate the animal’s owner, remove the animal from a vehicle
or enclosed space using any reasonable means, including breaking a
window or lock. If professional services are required to remove the
animal, the owner is responsible for the cost. An enforcement agent
who removes an animal from a vehicle or enclosed space in accordance
with this subsection is not liable for any resulting property damage.
(Ordinance 822-2021 adopted 9/16/21)
(a)
Unlawful
tethering of a dog:
(1)
(2)
A tether unreasonably limits a dog’s movement if the tether:
(b)
An
animal is under lawful tethering under the following conditions:
(1)
A dog tethered to a running line, pulley, or trolley system and that
is not tethered to the running line, pulley, or trolley system by
means of a pinch-type, prong-type, choke-type, or improperly fitted
collar;
(2)
A dog tethered in compliance with the requirements of a camping or
recreational area as defined by a federal, state, or local authority
or jurisdiction;
(3)
A dog tethered for a reasonable period, not to exceed three hours
in a 24-hour period, and no longer than is necessary for the owner
to complete a temporary task that requires the dog to be restrained;
(4)
A dog tethered while the owner is engaged in, or actively training
for, an activity that is conducted pursuant to a valid license issued
by this state if the activity for which the license is issued is associated
with the use or presence of a dog;
(5)
A dog tethered while the owner is engaged in conduct directly related
to the business of shepherding or herding cattle or livestock; or
(6)
A dog tethered while the owner is engaged in conduct directly related
to the business of cultivating agricultural products, if the restraint
is reasonably necessary for the safety of the dog.
(c)
This
section does not prohibit a person from walking a dog with a hand-held
leash.
(d)
It
shall be unlawful for any person to tie or tether a dog or other animal
to a stationary object. Dogs must be tethered on a trolley or cable
run system to prevent an unhealthy or potentially dangerous situation.
The terms “unhealthy situation” and “potentially
dangerous situation” shall include, but not be limited to the
following:
(1)
To tether or restrain any animal in such a manner as to permit the
animal access upon any public right-of-way;
(2)
To tether or restrain any animal in such a manner as to cause the
animal injury or pain or not to permit the animal to reach shelter,
food, shade, or water or otherwise create an unsafe or unhealthy situation,
and must not be restrained with chains, this includes pets temporarily
unattended in a stationary, open-air truck bed;
(3)
To tether or restrain any animal in such a manner as to permit the
animal to leave the owner’s property;
(4)
To tether or restrain any animal in an area that is not properly
fenced so as to prevent any person or child from entering the area
occupied by said animal;
(5)
To tether or restrain any pet animal in a manner whereby the animal
is subject to harassment, stings or bites from outdoor insects, or
attacks by other animals;
(6)
To tether any animal with a tether that is not equipped with swivel
ends;
(7)
To tether or restrain any animal in such a manner that does not prevent
the animal from becoming entangled with any obstruction, from partially
or totally jumping any fence, or from leaving part of its owner’s
property;
(8)
To fail to remove waste from the tethered area on a daily basis;
(9)
To restrain any animal without using a properly fitted collar or
harness; or
(10)
To use a restraint that weighs more than one fifth (1/5) of the animal’s
body weight.
(Ordinance 822-2021 adopted 9/16/21; Ordinance
848-2022 adopted 10/20/2022)
(a)
An
animal control officer or other enforcement agent shall have the power
to impound animals which create a public nuisance, as defined herein,
for the purpose of abating said nuisance and in cases where an animal
control officer has reason to believe an animal has been or is being
cruelly treated, has rabies or exhibits other violations of law as
follows:
(b)
Any
animal observed by the animal control officer or enforcement agent
to be in immediate danger, in the agent’s or officer’s
opinion, may be removed from such situation by the quickest and most
reasonable means available. It shall be the responsibility of the
animal’s owner to repair any damage caused by the removal of
the animal from the dangerous situation by the animal control officer
or enforcement agent.
(c)
The
public health administrator, animal control officer, or assigned designee
may order the abatement of the conditions which are not in accordance
with this chapter, other applicable state or federal regulations or
laws, or which otherwise constitute a public nuisance. Failure to
comply with the written notice constitutes grounds for the city to
obtain any relief available to by law, including, but not limited
to relief by injunction. Additionally, failure to comply with the
written notice may subject the violator to administrative proceedings
and criminal charges.
(Ordinance 822-2021 adopted 9/16/21)
(a)
An
owner, harborer, or other person in possession of a dog commits an
offense if he knowingly permits, or by insufficient control allows
the dog to defecate in the city on private or public property and
fails to remove and dispose of any excreta the dog deposits.
(b)
An
owner, harborer, or other person in possession of a dog commits an
offense if he:
(1)
Knowingly permits the dog to enter or be present on private property
located in a public place; and
(2)
Fails to have in his possession materials or implements that, either
alone or in combination with each other, can be used to immediately
and in a sanitary and lawful manner both remove and dispose of any
excreta the dog may deposit on the property.
(c)
(1)
The property was owned, leased, or controlled by the owner, harborer,
or person in possession of the dog at the time it defecated;
(2)
The dog was specifically trained to assist a person with a disability
and was in possession of that disabled person at the time it defecated
or was otherwise present on the property;
(3)
The owner of the property or person in control of the property had
given prior consent for the dog to defecate on the property; or
(4)
The dog is a police canine being used in official law enforcement
activities.
(Ordinance 822-2021 adopted 9/16/21)
(a)
The
animal control officer may determine that a public nuisance exists
through an investigation of any reported or perceived public nuisance,
and may interview witnesses and/or conduct such hearings as he may
determine are necessary, formally or informally. He shall make a determination
based on the necessity to preserve the public health, safety and welfare
of the community.
(b)
Upon
such determination, the animal control officer shall notify the animal
owner or the person in control of the animal(s). This notice shall
be in writing and shall contain a statement that such person has a
right to appeal. The notice shall set forth the noncompliance and
order the owner to abate the public nuisance described in such notice
within seven (7) days of receipt of notice. Notice of a public nuisance
shall include, but not be limited to, written notice of the existence
of a public nuisance delivered by personal service, certified mail,
return receipt requested, or left at the entrance to the premises
where the animal(s) is harbored. A notice that is mailed is deemed
received five (5) days after it is placed in a mail receptacle of
the United States Postal Service.
(c)
If
such owner fails or refuses to comply with the demand for compliance
in the notice within seven (7) days of receipt of such notice or publication,
the animal control officer may issue a citation for creating a public
nuisance and/or order the abatement of the public nuisance by one
of the following means:
(1)
Impoundment of the animal(s) that is the source of the continuing
public nuisance and the adoption of the animal(s) as provided in this
chapter, except that the owner, his agents or representatives, or
family members may not adopt the animal(s) adjudged a continuing public
nuisance;
(2)
Impoundment and humane destruction of the animal(s) that is the source
of the continuing public nuisance; or
(3)
Exclusion from the city limits an animal(s) determined to be a continuing
public nuisance.
(d)
An
owner or person in control of the animal(s), not later than seven
(7) days after receipt of a citation, notifying the person that an
animal is a continuing public nuisance, may appeal the determination
of the animal control officer to the permit and appeals board. Upon
receiving an appeal, the permit and appeals board shall hold a hearing
at a time and place of their designation. Based upon the recorded
evidence of such hearing, the permit and appeals board shall make
a final finding.
(e)
The owner or person in control of the animal(s) determined to be a continuing public nuisance shall remove such animal(s) from the city within forty-eight (48) hours of an unsuccessful appeal. The failure to remove such animal(s) shall be an offense and each day thereafter that such person fails to remove such animal(s) shall constitute a separate offense. If the owner or person in control of such animal(s) fails to remove such animal(s) as provided for by the order of the animal control officer or the court, such animal(s) may be impounded and put up for adoption in accordance with subsection (c) of this section or humanely destroyed.
(f)
The
owner or person in control of such animal(s) must report the disposition
and exact address or relocation of such animal(s) to the animal control
officer in writing within ten (10) days after the expiration date
for removal of such animal(s) from the city. Each day thereafter that
such information is not provided shall constitute a separate offense.
(g)
The
animal control officer shall be authorized, after due process, to
obtain a search and seizure warrant for the purposes of enforcing
this section.
(Ordinance 822-2021 adopted 9/16/21)
(a)
A
person commits an offense if he/she knowingly initiates, communicates,
or circulates a claim of ownership for an animal with the animal control
officer that he knows is false or baseless.
(b)
A
person commits an offense if he knowingly initiates, communicates,
or circulates a report of a violation of city ordinance or state or
federal law to the animal control officer that he knows is false or
baseless.
(Ordinance 822-2021 adopted 9/16/21)
(a)
Except
as provided by this section, no residence within the city shall harbor
more than five (5) adult dogs, or five (5) adult cats, or any combination
of either for a total of five (5) animals over the age of sixteen
(16) weeks.
(b)
Any
persons desiring to keep more than five (5) adult dogs, five (5) adult
cats, or more than one (1) litter of puppies or kittens at premises
occupied by them may apply with the animal control officer for a multi-pet
permit, providing that the number of animals does not exceed the total
of eight (8). The applicant shall pay an application fee at the time
of filing. No more than one pet permit may be obtained for any single
property in the city.
(c)
The
animal control officer is authorized to issue such a permit under
the following conditions:
(1)
Inspection required.
If an applicant provides the animal
control officer with information concerning the maximum number of
animals to be kept at any one time at such premises and a record search
indicates that enforcement action for violations of this chapter dealing
with nuisances has been necessary within the preceding twenty-four
(24) months, a permit may be issued after an inspection of the premises
to determine compliance with the animal services regulations. A permit
shall not be issued if it is found that the animals cannot be maintained
without creating noise or odor nuisances, otherwise being detrimental
to the public health, safety and welfare, or in a healthy or sanitary
environment.
(d)
Such
permit may be revoked by the animal control officer for cause, including
but not limited to, violations of the provisions of this chapter or
the inability of the permit holder to keep the animals without creating
noise or odor nuisances, otherwise being detrimental to the public
health, safety and welfare, or in a healthy or sanitary environment.
(e)
All
multi-pet permits issued under this section shall be valid for one
(1) year, unless the animal control officer revokes the permit. When
issued, the permit shall remain the sole property of the city and
shall be valid only as to the applicant and location for which it
was originally issued. The permit may not be sold or transferred,
voluntarily or involuntarily, to any other person or entity.
(f)
Any
person either denied a multi-pet permit, or who has had their permit
revoked, may file an appeal with the permit and appeals board. Such
appeal must be made in writing within ten (10) days of receiving written
notice from the animal control officer of the permit denial or revocation.
If no appeal is requested within the ten-day period, the denial or
revocation of the permit becomes final. Upon receiving an appeal,
the permit and appeals board shall hold a hearing at a time and place
of their designation. Based upon the recorded evidence of such hearing,
the permit and appeals board shall make a final finding.
(Ordinance 822-2021 adopted 9/16/21)
(a)
The
city shall create a specific account within the city’s general
fund, labeled “donations fund,” for animal services purposes
to account for the collection and spending of donations to the city.
This fund will provide an accurate accounting of the sources and uses
of these monies to demonstrate, to the donor, that the funds are used
for their intended purposes. Expenditures of these monies will require
city council approval through the normal budgeting process.
(b)
The
animal services division is hereby authorized to accept donations,
subject to the approval of the animal control officer supervisor.
(Ordinance 822-2021 adopted 9/16/21)
(a)
The
animal control officer supervisor may refund, reduce, or waive fees,
up to $50.00, as provided for in the fee schedule in the appendix
of this code, under this chapter, in cases of special pet adoption
promotions or other special event. Any refund or waiver of fees shall
be documented.
(b)
Citations
may be issued for failure to pay applicable fees.
(Ordinance 822-2021 adopted 9/16/21)
(a)
All
commercial establishments, as defined herein, shall at all times prominently
display, in a public area, a copy of their current permit(s).
(b)
It
shall be a violation for any person who owns, harbors, or possesses
an animal that requires a permit, or for any holder of a special use
permit, to refuse, upon request by the department, to make his/her
animal(s), premises, facilities, equipment, and any necessary registration(s)
or permit(s) available for inspection for the purpose of ascertaining
compliance with the provisions of this chapter.
(Ordinance 822-2021 adopted 9/16/21)
(a)
Any
person, firm, corporation or business entity violating this chapter
shall be deemed guilty of a class C misdemeanor, and upon conviction
thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00)
per day for violations involving public health and sanitation, and
not exceeding five hundred dollars ($500.00) per day for all other
violations. Each continuing day’s violation under this chapter
shall constitute a separate offense.
(b)
The
penal provisions imposed under this chapter shall not preclude the
city from filing suit to enjoin the violation. The city retains all
legal rights and remedies available to it pursuant to local, state
and federal law.
(Ordinance 822-2021 adopted 9/16/21)
