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)
