The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a dog, cat or any other animal which has been deserted
by its owner; to wit, such animal has been left at an unoccupied residence,
has no food nor water provided, roams at large, and is neither tagged
nor licensed.
means any living creature, including but not limited to dogs,
cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl
and livestock, but specifically excluding human beings.
means any person designated by the city as an officer who
is authorized and qualified to perform animal control duties under
the laws of the city.
means any facility designated or recognized by the city for
the purposes of impounding and caring for animals held under the authority
of this chapter and state law.
means off the premises of the owner and not under the complete
control either by leash, cord, chain or effective verbal command of
the owner who is then physically present with the dog, or on the premises
of the owner and not within the direct, constant and immediate presence
of a person having effective verbal command of the dog, or otherwise
confined to such premises by means of an enclosure.
means all members of the feline family of either sex, including
one neutered or sterilized.
means all members of the canine family of either sex, including
one neutered or sterilized.
means any live bird.
means the act of keeping or caring for an animal or of providing
premises to which the animal returns for food, shelter or care for
a period of three days or more.
means care of an animal, including but not limited to adequate
heat, ventilation and sanitary shelter, wholesome food and water,
consistent with the normal requirements and feeding habits of the
animal’s size, species and breed.
means to take into custody or to place in the animal control
shelter of the city or other authorized confinement area.
means any treatment to any animal that deprives the animal
of necessary sustenance, including food, water or protection from
weather, or any treatment of any animal such as overloading, overworking,
tormenting, beating, mutilating or teasing, or other abnormal treatment
as may be determined by the animal control officer or a law enforcement
officer.
means an establishment kept for the purposes of breeding,
selling or boarding dogs or cats or engaged in training dogs or cats.
means any domestic cattle, sheep, goats, horses, mules and
donkeys.
means surgically sterilized sexually; that is spayed or castrated;
rendered permanently incapable of reproduction.
means a dog or cat or other animal, either licensed or unlicensed,
that:
Molests passersby;
Chases passing vehicles;
Is not vaccinated against rabies as required by this chapter;
Is repeatedly at large;
Turns over garbage cans;
Barks, whines or howls in an excessive, loud, continuous fashion
so as to unreasonably disturb nearby persons;
Yowls, growls or hisses in an excessive, loud, continuous fashion
so as to unreasonably disturb nearby persons;
Damages, soils, defiles or defecates on private property other
than the owner’s or on public walks and recreation areas unless
such waste is immediately removed and properly disposed of by the
owner;
Causes unsanitary, dangerous or offensive conditions;
Molests, attacks or interferes with persons or other domestic
animals; or
Is without an owner.
means any person who has, harbors, keeps or causes or permits
to be harbored or kept, or has in his care or who permits a dog, cat
or other animal on or about his premises for a period of three days
or more.
means any animal that normally kills or stuns its prey by
chemical means.
means chickens, turkeys, geese, ducks and guineas.
means any object of value that a person may lawfully acquire
and hold; that which may be owned as land, a residence, a vehicle,
an animal, etc.
means strict confinement under restraint at a facility approved
by the city health officer.
means an acute viral disease of man and animals affecting
the central nervous system and usually transmitted by an animal bite.
means a house, apartment, room or duplex inhabited as the
principal dwelling place of a person.
means a structure or building designed, constructed or converted
for use as a residence.
Off premises
means:
On premises
means any dog not confined on premises of the owner by a
substantial fence of sufficient strength and height to prevent the
animal from escaping from the premises. A dog intruding upon the property
of another person other than the owner shall be deemed at large. Any
animal within an automobile or other vehicle of its owner or its owner’s
agent shall not be deemed at large.
means running free with no physical restraint beyond the
premises of the owner.
means any device placed by an animal control officer, employed
or used in the capture of animals that is not under the constant supervision
of an officer and that functions in such a manner as to confine any
animal entering the device.
with respect to an attack by an animal, means that the animal
was not hit, kicked or struck by a person with an object or part of
a person’s body nor was any part of the animal’s body
pulled, pinched or squeezed by a person.
means an injection of rabies vaccine approved by the United
States Department of Agriculture administered every 12 calendar months
by a licensed veterinarian.
means:
Any dog that, when unprovoked, inflicts severe injury or death
to a person, or bites a person on public or private property.
Any dog that has killed a domestic animal without provocation
while off the owner’s property.
Any dog that, when unprovoked, chases or approaches a person
upon the streets, sidewalks, or any public or private property in
a menacing fashion or apparent attitude of attack such that the person
reasonably believes that the dog will cause physical injury to that
person.
Any individual dog with a known propensity, tendency or disposition
to attack unprovoked, to cause injury, or to otherwise threaten the
safety of persons or domestic animals.
means any nondomestic animal normally found in a natural
habitat.
(1999 Code, sec. 18-1; Ordinance
adopting 2018 Code)
(a)
Interference with traps set by department of animal control.
It shall be unlawful for any person to tamper with, spring or
cause to malfunction any trap set by the department of animal control
or to release any dog or cat from any such trap. Fees charged to set
such traps on private property shall be as determined by the city
council and on file in the office of the city secretary.
(b)
Prohibited traps.
No person shall set up or allow to
be set up on his property steel jaw traps, spring traps with teeth
or perforated edges on the holding mechanism, or any type of trap
with a holding mechanism designed in such a fashion as to reasonably
ensure the cutting, slicing, tearing or otherwise traumatizing of
the entrapped prey for the purpose of ensnaring domestic or wild animals
within the city limits, unless the use of such traps is specifically
deemed necessary by the department of public health in or for the
control of communicable disease.
(c)
Exceptions.
This section is not to be construed to include
those traps designed to kill common rodents, i.e., rats, mice, gophers
and groundhogs; provided that the owner is responsible for taking
care that any of the rodent traps are not placed or used on or about
his property in such a manner as to reasonably ensure the trapping
of any other domesticated or wild animal or of a human. It shall be
a prima facie violation of this section that the traps prescribed
in this section were, in fact, set up by the person in question; no
intent or further culpable mental state shall be required to prove
such a prima facie violation.
(1999 Code, sec. 18-2)
No person shall interfere with, hinder or molest any agent of
the animal control department in the performance of any duty of the
agent, or seek or release any animal in the custody of the animal
control department or its agents.
(1999 Code, sec. 18-3)
A reward may be offered by the city as set by the city council
to any person who shall furnish testimony or evidence leading to the
conviction of any person who has willfully poisoned any dog or cat
within the city.
(1999 Code, sec. 18-4)
The keeping of more than three (3) dogs or cats (exclusive of puppy or kitten litters under the age of six (6) months) shall constitute a public nuisance subject to abatement and prosecution as provided in article 2.05 of this chapter.
(Ordinance 09-02-04 adopted 9/17/2002)
(a)
Required.
It shall be unlawful for any person to keep
poisonous or wild animals within the city limits without first obtaining
a permit from the chief of police.
(b)
Conditions.
No permit for keeping a poisonous or wild
animal shall be issued unless the person requesting such permit shall
furnish proof to the issuing officer of the following:
(1)
The name and address of the owner and/or keeper of such poisonous
or wild animal;
(2)
That such poisonous or wild animal is possessed in compliance with
state and federal laws and regulations;
(3)
That such poisonous or wild animal is possessed for purposes of public
exhibition or scientific or educational purposes;
(4)
That such poisonous or wild animal is kept in an enclosure which
prevents its escape or endangering the public; and
(5)
That such poisonous or wild animal will be kept in sanitary and humane
conditions.
(c)
Fee.
The fee for a permit under this section shall be
as determined by the city council and on file in the office of the
city secretary.
(1999 Code, sec. 18-240)
