(a)
It
shall be unlawful for any person owning or harboring an animal to
permit such animal to run at large.
(b)
Any
officer or citizen of the city is hereby authorized to take up and
deliver to the office of the animal control officer any animal mentioned
in this chapter that may be found “at large” in the corporate
limits of the city, subject to the applicable provisions of the law.
Failure to notify and/or turn over to the animal control officer any
such animal within 48 hours shall be a violation of this article and
may subject the person taking up the animal to civil and/or criminal
action.
(c)
The
animal control officer or his agent and peace officers are authorized
to impound any animal mentioned in this chapter which is in violation
of this section. In the event the animal is on private property or
property of the animal’s owner, the animal control officer,
his agent, or peace officer may enter the property, other than a private
dwelling, for the purpose of impoundment or issuance of a citation
for violation of this chapter, or both, subject to applicable provisions
of the law. However, the authority extended to the animal control
officer by this section shall not include the authority to enter upon
the premises of the owner solely for the purpose of issuing a citation
for the failure of the animal to have its tag attached while on the
owner’s premises, unless such animal is also at large.
(Ordinance 388 adopted 6/21/05; Ordinance 543, sec. 1, adopted 10/15/19)
(a)
Impoundment generally.
Animals owned or harbored in
violation of this chapter, any other ordinance of the city, or any
law, rule or regulation of the state or of the United States shall
be taken into custody by an animal control officer or other designated
official and impounded under the provisions of this section.
(b)
Redemption of impounded animals.
In order for a person
to redeem an impounded animal, the following requirements must be
met:
(1)
Rabies vaccination required.
(A)
For the purposes of this subsection, sufficient proof of an
animal's current rabies vaccination shall be either a rabies
vaccination certificate issued by a licensed veterinarian or verbal
or written confirmation of a current rabies vaccination by the licensed
veterinarian who administered the vaccination.
(B)
If the owner cannot provide proof of a current rabies vaccination,
the owner shall pay a fee to have a rabies vaccination administered
prior to the release of the animal.
(C)
If a vaccination cannot be given at the time of redemption,
the owner shall provide written proof of obtaining a current rabies
vaccination to the animal control officer within five (5) business
days of redemption.
(D)
If, in the opinion of a licensed veterinarian, the rabies vaccination
should not be given within the five (5) business day period, the owner
must provide a signed statement from the veterinarian stating why
the vaccine should be temporarily delayed and when the vaccine may
be given. The owner shall provide written proof of vaccine administration
to the animal control officer within forty-eight (48) hours of the
date provided in the statement from the veterinarian.
(2)
Microchip implant required.
If the animal is not
already identifiable by microchip, the owner shall pay a fee to have
a microchip implanted into the animal prior to release.
(3)
Sterilization required.
(A)
The owner shall submit proof of having the animal sterilized
within thirty (30) days of its release. The proof shall consist of
a completed sterilization certification form provided by the animal
services facility and signed by the sterilizing veterinarian.
(B)
Subsection (A) shall not apply if the owner provides proof that the animal has a current city registration and rabies vaccination, the animal is identified by microchip or visible identification, and one (1) or more of the following conditions is met at the time of impoundment:
(i)
The animal is registered with a national registry;
is a sporting dog, livestock dog, or working dog, and the owner is
a member of a national breed club, local breed club, or sporting or
hunting club;
(ii)
The animal was a professionally trained assistance
or police service animal; or
(iii)
The animal was at-large due to forces of nature,
fire, or the criminal act of a third party who was not residing at
the animal owner's residence.
(C)
Nothing in this subsection shall be construed as permitting
sterilized dogs and cats to run at-large.
(D)
If the animal has been impounded for the first time in any twelve
(12) month period and the owner chooses to have the animal sterilized
prior to redemption, the impound fee shall be waived, but the owner
shall pay a sterilization fee and any other applicable fees prior
to the return of the animal.
(E)
Any animal that is impounded a second time in any consecutive twelve
(12) month period shall be sterilized prior to redemption by the owner,
except if the animal was at-large due to forces of nature, fire, or
the criminal act of a third party who was not residing at the animal
owner's residence.
(c)
Disposition of impounded animals.
If the owner of an
animal is known, immediate notice shall be given to him. Any impounded
animal may be redeemed upon payment of the impoundment fee, care and
feeding charges, veterinary charges, rabies vaccination charges and
such other costs as set by the animal control officer. If such animal
is not redeemed within 72 hours after notification of owner where
the owner is known, or within 72 hours after impoundment where the
owner is unknown, it shall be deemed abandoned, the city shall be
deemed the owner of the animal, and the animal may be placed for adoption,
subject to payment of the impoundment fee, care and feeding charges,
veterinary charges, rabies vaccination charges, and such other costs
as set by the animal control officer, or the animal control officer
may humanely euthanize said animal by injection or other humane means
commonly used by such officials.
(d)
Disposition of impounded animals being held on complaint.
If a complaint has been filed in municipal court for the city against
the owner of an impounded animal for violation of this chapter, the
animal shall not be released except on the order of the court, which
may also direct the owner, prior to release, to pay any penalties
for violation of this chapter in addition to all impoundment fees,
care and feeding charges, veterinary charges, rabies vaccination charges,
and any other costs reasonably related to the animals impound and
care as set by the animal control officer. Surrender of any animal
by the owner thereof to the animal control officer does not relieve
or render the owner immune from the decision of the court, nor to
the fees and fines which may result from a violation of this chapter.
Any animal not released under this subsection within 72 hours after
the court authorizes release, shall be deemed abandoned, the city
shall be deemed the owner of the animal, and the animal may be placed
for adoption, subject to payment of the impoundment fee, care and
feeding charges, veterinary charges, rabies vaccination charges, and
such other costs as set by the animal control officer, or the animal
control officer may humanely euthanize said animal by injection or
other humane means commonly used by such officials.
(Ordinance 388 adopted 6/21/05; Ordinance 543, sec. 1, adopted 10/15/19; Ordinance 580 adopted 4/18/2023)
(a)
Ownership of multiple pets.
No person shall keep or
harbor more than three dogs or three cats, and no person shall keep
or harbor more than five animals, either three dogs and two cats,
or two dogs and three cats, except in a properly licensed and zoned
kennel, veterinarian clinic, or animal hospital. Puppies and kittens
under three months of age shall not be counted for purposes of this
subsection. Birds shall not apply to this section; unless creating
a health or safety nuisance. This section shall not permit ownership
of nondomesticated canines or felines, or any wild, dangerous, or
exotic animals, and any registration or attempted registration of
such shall be void.
(b)
Vaccinations.
(1)
Vaccinations required.
Every owner of a dog or cat four
months of age or older shall have such animal vaccinated against rabies.
All such dogs or cats shall be re-vaccinated at one year of age and
annually thereafter. Any person establishing residence within the
city shall comply with this section within ten days of establishing
such residency. If an un-vaccinated dog or cat inflicts a bite, scratch,
or otherwise attacks any person within the city limits a rabies vaccine
shall not be administered to the dog or cat until after a ten-day
observation period beginning with the date of the bite, scratch, or
attack.
(2)
Certificate of vaccination.
Upon vaccination, the veterinarian
shall execute and furnish to the owner of the dog or cat as evidence
thereof, a certificate of vaccination. The veterinarian shall retain
a duplicate copy of the certificate shall contain the following information:
(3)
Rabies tag.
Concurrent with the issuance and delivery
of the certificate of vaccination, the owner of the dog or cat shall
cause to be attached to the collar or harness of the vaccinated animal
a metal tag, serially numbered to correspond with the vaccination
certificate number and bearing the year of issuance.
(c)
Registration and licensing.
(1)
License required.
All dogs and cats four months of age
or older which are kept, harbored, or maintained within the corporate
limits of the city shall be licensed. Cat and dog licenses shall be
issued by the city upon payment of the required fee for each cat or
dog. Before a city license will be issued, the owner of the cat or
dog must present a certificate from a licensed veterinarian showing
that said cat or dog has been vaccinated within the preceding 12 months.
If the veterinarian is unable to verify the same or such prior vaccination
now undocumented the owner shall sign an affidavit stating the veterinarian
or clinic, the address, date and owner shall state his name and address,
and the breed, color, and sex of the cat or dog to be licensed. Said
license shall be good for one year from date of issuance. This section
shall not authorize licensing of non-domesticated canines or felines,
and any license issued for the same shall be void.
(2)
Tag and collar.
Upon payment of the license fee, the
city shall issue to the owner a license certificate and metal tag
having stamped thereto on the year for which it is issued and the
number corresponding with the number of the certificate. Such tag
shall at all times be securely attached to a collar or harness around
the neck of the animal. In case a tag is lost, a replacement will
be issued by the animal control officer or his agent upon presentation
of the receipt showing the payment of license fee for the calendar
year. Tags shall not be transferable from one animal to another, and
no refunds shall be made.
(3)
Microchipping.
Any animal (dog or cat) that has been impounded or turned into the animal control authority without displaying proper identification as required in section 2.02.003(c)(2) will be required to be microchipped prior to redemption by the owner and the cost of such implantation shall be paid at the time of redemption.
(4)
Revocation of registrations.
The animal control officer
or his agent may revoke any cat or dog registration after a hearing
for any one or more of the following reasons:
(A)
Impoundment of a cat or dog by the city more than three times during
a 12-month period;
(B)
More than three final convictions of a person for violating this
chapter when such convictions relate to the cat or dog that is being
considered for revocation of its registration certificate;
(C)
Any combination of (a) and (b) totaling three incidents; or
(D)
Upon a determination that the cat or dog is a “dangerous animal”
or “dangerous dog” as defined in this chapter.
Upon revoking the registration of any cat or dog, the animal
control officer shall notify the owner of the cat or dog of said action
in writing. Written notification shall be deemed made when a certified
letter, return receipt requested, addressed to the last known mailing
address of the cat or dog owners is deposited in the U.S. mail.
Upon the expiration of ten days after written notification of
revocation is deposited in the U.S. mail, as provided above, no cat
or dog which has had its registration revoked shall be kept, maintained,
or harbored within the city limits.
(d)
Outside cats.
Any cat that is kept as an inside/outside
pet shall be sterilized by a licensed veterinarian to prevent the
animal from reproducing and shall be microchipped for identification
purposes should the animal be impounded by the animal control authority.
(e)
Confinement during estrus.
Any unspayed female dog or
cat in the state of estrus (heat) shall be confined during such period
of time in a house, building, or secure enclosure and said area of
enclosure shall be so constructed that no other dog or cat may gain
access to the confined animal. Owners who do not comply shall be ordered
to remove the animal in heat to a boarding kennel, or veterinary hospital.
All expenses incurred, as a result of this confinement shall be paid
by the owner. Failure to comply with the removal order of the animal
control officer shall be a violation of this subsection and the dog
or cat will then be impounded as prescribed in this chapter.
(f)
Barking dogs.
Any person who shall harbor or keep on
his premises, or in or about his premises under his control, any dog
or other canine, which by its loud or continuous barking or howling
shall cause the peace and quiet of the neighborhood or the occupants
of adjacent or nearby premises to be disturbed, shall be guilty of
a misdemeanor, and a separate offense shall be deemed committed upon
each day during or on which such violation occurs or continues.
(g)
Guard dogs.
All dogs kept solely for the protection of persons and property, residential, commercial, or personal, shall be registered with the city animal control. The area or premises in which such dog is confined shall be conspicuously posted with warning signs bearing letters not less than four inches high, stating “guard dog on premises,” within public view of any approach to the property and within 50 feet of each other. Said dog shall be issued a tag varying in color from the city license tag, so designating that animal’s function. Said tag shall be attached to the collar or harness of the dog at all times. Dogs registered under this subsection shall not be required to additionally purchase a city license tag as designated in subsection (c) hereof, but shall be required to comply with those guidelines. Guard dogs shall not be exempt from any other provision of this article, including but not limited to regulations regarding barking or being at large.
(h)
Removal of dogs and cats from confinement.
It shall
be unlawful for any person to remove from any place of confinement
any dog or cat which has been confined as authorized, without the
consent of impounding agency.
(Ordinance 388 adopted 6/21/05; Ordinance 543, sec. 1, adopted 10/15/19; Ordinance 580 adopted 4/18/2023)
(a)
Impoundment.
It shall be the duty of the animal control
officer in the absence of action by the county sheriff’s office,
to take up any and all livestock that may be found in and upon any
street, alley, right of way, or in or upon any private, non-enclosed
lot in the city, or otherwise to be found at large, and to confine
such livestock for safekeeping. Upon impounding livestock, the animal
control officer shall prepare a “notice of stray livestock”
and file such notice in the “estray book” located in the
office of the animal control officer. Each entry shall include the
following:
(1)
The name and address of the person who notified the animal control
officer of the livestock.
(2)
The location where livestock was found.
(3)
The location where the livestock will be located until disposition.
(4)
A description of the animal including its breed, color, sex, age,
size, all markings of any kind, and other identifying characteristics.
(b)
Advertisement of impounded livestock.
When livestock
have been impounded, the animal control officer shall make a diligent
search of the register of recorded brands in the county for the owner
of livestock. If the search does not reveal the owner, the animal
control officer shall advertise the impoundment of livestock in a
newspaper of general circulation in the county at least twice during
the next 15 days and post a notice of impoundment of the livestock
on the public notice board of the county sub-court house and of city
hall.
(c)
Recovery by owner.
The owner of the livestock may recover
possession of the animal at any time before the animal is sold if:
(1)
The owner has provided the animal control officer with an “affidavit
of ownership” of the livestock containing at least the following
information:
(2)
The affidavit has been filed in the “estray book.”
(3)
The owner has paid all livestock handling fees to those entitled
to receive them.
(4)
In the event the animal is sold the purchaser must execute an “affidavit
of receipt” containing the following information:
(5)
The animal control officer has filed the “affidavit of receipt”
in the “estray book.”
(d)
Sale of estray.
(1)
If the ownership of any livestock is not determined within four days
following the day of final advertisement of the impounded livestock,
title to the livestock rests in the city and the animal control officer
shall then cause the livestock to be sold.
(2)
Title to the livestock shall be deemed vested in the animal control
officer for purposes of passing a good title, free and clear of all
claims to the purchaser at the sale.
(3)
The disposition of the proceeds derived from the sale of the livestock
will be as follows:
(A)
Pay all handling fees to those entitled to receive them.
(B)
Execute a report of sale of impounded stock.
(C)
The animal control officer shall deliver the net proceeds remaining
from the sale of the livestock after the handling fees have been paid
to the city treasurer. Such net proceeds shall be subject to claim
by the original owner of the livestock as provided herein.
(e)
Recovery by owner of sale proceeds.
Within 12 months
after the sale of the livestock under the provisions of this section
the original owner of the livestock may recover the net proceeds of
the sale that were delivered to the city secretary if:
(1)
The owner has provided the animal control officer with an affidavit
of ownership;
(2)
The affidavit has been filed in the “estray book”
(3)
The animal control officer, after a reasonable investigation, cannot
controvert the affidavit within 30 days.
|
If entitlement to the proceeds of sale is controverted by another
person or by the animal control officer, the municipal court shall
determine entitlement to such proceeds unless an action is filed in
another court of competent jurisdiction prior to hearing by the municipal
court.
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(f)
Use of livestock.
During the period of time the livestock
is held by one who impounded the livestock, the livestock may not
be used by any person for any purpose.
(g)
Death or escape of livestock.
If the livestock dies
or escapes while held by the person who impounded it, the person shall
report the death or escape to the animal control officer. The report
shall be filed in the estray book.
(h)
Breeding of animals.
It shall be unlawful for the owner
or harborer of any animal listed in this section to knowingly permit
or cause to be permitted the breeding of any such animal within the
public view.
(Ordinance 543, sec. 1, adopted 10/15/19)
(a)
With
the exception of backyard chickens as regulated below, it shall be
unlawful for any person, firm, or corporation to harbor livestock
without 20,000 square feet of land per animal, and said animal shall
not be kept less than 100 feet from another residence or occupied
building, provided that a hog may not be kept less than 500 feet from
another residence or occupied building.
(b)
Backyard chickens allowed.
After issuance of a permit
by the city, a person may keep a maximum of six female chickens of
the species Gallus gallus domesticus on residential property; property
owned or leased by the city; a public or private school; or a college,
junior college, or university in accordance with the following requirements:
(1)
Permit requirements.
The city shall develop a form and
application requirements for the keeping of backyard chickens.
(A)
Only one permit for backyard chickens may be issued per property,
tract or individual lot.
(B)
A permit is nontransferable and shall be valid and effective until
the permit holder no longer resides at the property, ceases to keep
backyard chickens on the property, or is otherwise revoked.
(C)
A permit may be revoked upon a finding by the city after written
notice of two documented violations of this chapter within a 12-month
period.
(2)
Roosters and other fowl prohibited.
Male chickens (roosters)
may not be kept as backyard chickens. Turkeys, ducks, geese, peacocks
and other fowl species are prohibited.
(3)
Standards for keeping backyard chickens.
Chickens must
be kept in a secure pen, coop or enclosed yard at all times and may
not run at large. Chicken coops and pens and other appurtenances shall
be located and maintained as follows:
(A)
Chicken coops and other enclosures shall be a minimum of 32 square
feet in size and must be located a minimum of five feet from any property
line. Only one chicken coop and one pen shall be allowed on the property
and both must be located on the rear half of the property.
(B)
Pens, enclosures, yards, cages, structures or other similar enclosures
must be kept in a clean and sanitary condition at all times and shall
not create any offensive odors or favorable conditions that breed
or attract flies, mosquitoes, maggots or other insects.
(C)
Manure and droppings shall be removed from pens, yards, cages and
other enclosures as necessary to maintain sanitary conditions and
handled or properly disposed of as to keep the premises free of any
public nuisance. Discarding waste on any public or private property
shall be considered a violation. The accumulation of waste on the
property is prohibited.
(E)
Any processing of deceased backyard chickens shall not occur in any
area visible from public rights-of-way or from adjacent properties.
(4)
Care of backyard chickens.
Adequate food, shelter, water
and care shall be provided to all backyard chickens at all times in
accordance with the following regulations:
(A)
Backyard chickens shall have access to a chicken coop or other enclosure
providing protection from the elements and from predators.
(B)
Access shall be provided to an enclosure or pen outside of a chicken
coop that provides fresh air.
(C)
Sufficient food and water shall be provided. However, the feeding
of vegetables, meat scraps or garbage shall be done only in impervious
containers or on an impervious platform. Watering troughs, tanks or
other watering containers shall be equipped with adequate facilities
for draining water overflow to prevent the breeding of flies, mosquitoes
and other insects.
(D)
Backyard chickens shall not be kept in any unsanitary or other conditions
that are favorable for any zoonotic diseases or that endangers public
or animal health and safety.
(E)
Medical treatment from a licensed veterinarian must be obtained by
the permit holder and provided to any backyard chicken(s) showing
symptoms of illness or injury.
(Ordinance 543, sec. 1, adopted 10/15/19; Ordinance
569 adopted 5/17/2022)
(a)
Wild animals prohibited.
It shall be unlawful to keep
or harbor any wild animal within the city except as provided below.
(b)
Exceptions.
This section shall not apply to nor prevent
the keeping of wild animals by:
(1)
Governmental entities or agencies of the city, the state, or the
United States, or by agents or officials thereof acting in an official
capacity;
(2)
Accredited zoological parks;
(3)
Federally licensed research facilities;
(4)
Licensed veterinarians, incorporated humane societies or animal shelters,
or state or federal licensed rehabilitation permit holders which are
rehabilitating, treating or caring for such animals;
(5)
Circuses;
(6)
Interstate commercial transporters conducting business or operations
in compliance with state or federal law; and
(7)
Federally licensed suppliers of non-human primates to biomedical
research facilities.
(c)
Liability insurance.
An owner of a wild animal shall
maintain liability insurance coverage in an amount of not less than
$100,000.00 for each occurrence for liability for damages for destruction
of or damage to property and death or bodily injury to a person caused
by the wild animal, including destruction, death or injury occurring
off the premises of the owner. If the animal control officer has reason
to suspect that such insurance has lapsed during a registration period,
the officer may demand proof of coverage within three days of any
notice to the owner. Lapse of insurance or failure to provide proof
upon demand shall be deemed a violation of this chapter and cause
for revocation of the certificate of registration.
(d)
Inspection of wild animal and premises.
An owner of
a wild animal, at all reasonable times, shall allow the animal control
authority, its staff, its agents, or a designated licensed veterinarian
to enter the premises where the animal is kept and to inspect the
animal, the primary enclosure for the animal, and the owner’s
records relating to the animal to ensure compliance with this subchapter.
(e)
Attack or escape.
(1)
An owner of a wild animal shall notify the animal control officer
of any attack of a human by the animal within 48 hours of the attack.
(2)
An owner of a wild animal shall immediately notify the animal control
officer and the local law enforcement agency of any escape of the
animal.
(3)
An owner of a wild animal that escapes is liable for all costs incurred
in apprehending and confining the animal.
(4)
The animal control officer, a law enforcement agency, or an employee
of the animal control authority or law enforcement agency is not liable
to an owner of a wild animal for damages arising in connection with
the escape of a wild animal, including liability for damage, injury,
or death caused by the animal during or after the animal’s escape,
or for injury to or death of the animal as a result of apprehension
or confinement of the animal after escape.
(f)
Caging requirements.
Wild animals shall be caged, kept,
and confined in accordance with the requirements and standards of
the Texas Board of Health, as amended. No deviation from these requirements
and standards may be granted by the animal control officer.
(g)
Care, treatment and transportation.
(1)
The owner of a wild animal shall comply with this article and all
state and federal laws, rules, and regulations, as amended, regarding
facilities, facilities operations, animal health and husbandry, and
veterinary care.
(2)
The owner of a wild animal shall maintain a veterinary log in accordance
with state or federal laws, rules, and regulations, and shall make
the same available to the animal control officer on request.
(3)
The owner shall transport a wild animal in accordance with state
and federal laws, rules, and regulations, unless excepted by the same.
(Ordinance 543, sec. 1, adopted 10/15/19)
(a)
Reporting bites.
Every physician or other medical practitioner
who treats a person or persons for any animal bite shall within 12
hours report such treatment to the police department or animal control
officer, giving the name, age, sex, and precise location of the bitten
person or persons and such other information as the officer or agency
may require.
(b)
Reporting suspected rabies.
Any veterinarian who clinically
diagnoses rabies or any person who suspects rabies in a dog, cat,
or other domestic or wild animal shall immediately report the incident
to the police department or animal control officer, stating precisely
where such animal may be found. If a known or suspected rabid animal
bites or scratches a domestic animal, such incident shall also be
reported as required above.
(c)
Confinement of dogs and cats.
Any owned dog or cat,
which has bitten a person, shall be observed by trained personnel
for a period of ten days. The procedure and place of observation shall
be designated by the investigating officer or responsible agency,
in compliance with state law. If the dog or cat is not confined on
the owner’s premises, confinement shall be by impoundment at
any veterinary hospital of the owner’s choice. Such confinement
shall be at the expense of the owner. Stray dogs and cats whose owner
cannot be located shall be destroyed and the brain of such animal
immediately submitted to a qualified laboratory for rabies examination
at the expense of the city. The owner of any dog or cat that has been
reported to have inflicted a bite on any person shall on demand produce
said dog or cat for impoundment. Home quarantine may be allowed only
in those incidences where permitted by state law and agreed to by
the animal control officer. Refusal to produce said dog or cat constitutes
a violation of this section, and each day of such refusal shall constitute
a separate and individual violation. Any wild animal, which has bitten
a person, shall be caught, killed, and the brain submitted for rabies
examination. Rodents, rabbits, birds, and reptiles are not considered
to be transmitters of the rabies virus and shall not be submitted
for laboratory examination for rabies.
(Ordinance 543, sec. 1, adopted 10/15/19)
No person shall remove, alter, damage, or otherwise tamper with
a trap or equipment set out by the animal control officer.
(Ordinance 543, sec. 1, adopted 10/15/19)
(a)
Owner’s duty to provide food, shelter, and care.
No owner shall fail to provide his animals with sufficient, good
and wholesome food and water, adequate shelter and protection from
weather, veterinary care when needed to prevent suffering, grooming
to prevent matting, and with human care and treatment.
(b)
Abusing animals prohibited.
No person shall beat, cruelly
ill treat, torment, mentally abuse, overload, overwork, or otherwise
abuse an animal, or cause, instigate, or permit any dog fight, cock
fight, bull fight, or other combat between animals or between animal
and humans.
(c)
Abandoning animals prohibited.
No person shall abandon
an animal in his custody.
(d)
Giving of live animals as prizes or inducements prohibited.
No person shall give away any live animal as a prize for or
as an inducement to enter any contest, game, or other competition
or any inducement to enter a place of business or offer such animal
as an incentive to enter into any business agreement whereby the offer
was for the purpose of attraction trade.
(e)
Striking animal with vehicle.
Any person who, as the
operator of a motor vehicle, strikes a domestic animal shall immediately
report such injury or death to the animal’s owner. In the event
the owner cannot be ascertained and located, such operator shall at
once report the accident to the appropriate law enforcement agency
or the local humane society.
(f)
Poisoning or trapping animals prohibited.
No person
shall expose any known poisonous substance, whether mixed with food
or not, so that the same shall be liable to be eaten by any domestic
animal or person. This subsection is not intended to prohibit the
prudent use of herbicides, insecticides, or rodent control materials.
No person shall expose a metal jaw type trap that shall be liable
to injure any domestic animal or person.
(g)
Vehicle confinement.
(1)
A person shall not place or confine an animal or allow an animal
to be placed or confined in a motor vehicle or in a 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 to the animal.
(2)
It is presumed that an animal’s health, safety, or welfare
is endangered when the animal is confined in a parked or standing
vehicle, without the engine running or climate control system engaged,
or in a trailer for a period of five minutes or more when the ambient
outside air temperature measures above 80 degrees Fahrenheit or below
35 degrees Fahrenheit. It shall be deemed prima facie evidence of
a violation of this chapter when the ambient outside air temperature
is verified through the city fire department.
(3)
If an animal services officer or police officer investigating this
situation determines the animal in question must be removed from the
vehicle immediately or risk damage or injury to the health, safety,
or welfare of the animal, the animal services officer or police officer
may use reasonable force to remove the animal from the vehicle. Appropriate
intervention shall be administered to the animal immediately, with
all associated costs being the responsibility of the person having
care or custody of the animal and who is responsible for the confinement
in the vehicle or trailer.
(4)
It shall be the responsibility of the person having care or custody
of the animal, who placed or confined the animal in the vehicle or
trailer, to repair any damage resulting from the use of reasonable
force to intervene on behalf of the animal.
(h)
Tethering.
(1)
A person commits an offense if he uses a chain, rope, tether, leash,
cable, or other device to attach a dog to a stationary object or trolley
system. This section does not prohibit a person from walking a dog
with a handheld leash.
(2)
It is a defense to prosecution under this section that:
(A)
The dog is being tethered during a lawful animal event, veterinary
treatment, grooming, training, or law enforcement activity;
(B)
The dog tethering is required to protect the safety or welfare of
a person or the dog, and the dog’s owner maintains direct physical
control of the dog;
(C)
The dog tethering is due to force majeure and the dog is tethered
for less than one hour within a 24 hour period; or
(3)
The defenses under this section are only available if the following
specifications are met:
(A)
The chain, rope, tether, leash, cable, or other device is attached
to a properly fitted collar or harness worn by the dog;
(B)
The chain, rope, tether, leash, cable, or other device is not placed
directly around the dog’s neck;
(C)
The chain, rope, tether, leash, cable, or other device not does exceed
one twentieth of the dog’s body weight;
(D)
The chain, rope, tether, leash, cable, or other device, by design
and placement allows the dog a reasonable and unobstructed range of
motion without entanglement; and
(E)
The dog has access to adequate shelter and clean and wholesome water.
(Ordinance 543, sec. 1, adopted 10/15/19; Ordinance
580 adopted 4/18/2023)
The following acts are hereby declared to be nuisances and constitute
violations of this chapter:
(1)
Noisy animals.
The keeping of any animal which, by causing
frequent or long-continued barking, crying, or noise, shall disturb
any person or ordinary sensibility in the vicinity or which substantially
interferes with the comfortable enjoyment of private homes or businesses
by persons of ordinary sensibilities.
(2)
Keeping animals generally.
The keeping of any animal
or any property in such a manner as to endanger the public health,
to annoy neighbors by the accumulation of animal wastes that cause
foul and offensive odors or are considered to be a hazard to any other
animal or human being, or to annoy neighbors by continued presence
of the animal on the premises of another.
(3)
Keeping bees.
The keeping of bees in such a manner as
to substantially interfere with the comfortable enjoyment of private
homes or businesses or endanger personal health and welfare.
(4)
Accumulations of waste.
The keeping of any property
on which any animal is kept in a manner that allows manure or liquid
discharges of animals to collect or accumulate in an unclean and unsanitary
condition such that cause foul and offensive odors escape therefrom
and interfere with the comfortable enjoyment of private homes or businesses.
(5)
Swine.
The keeping of any property on which miniature
swine are kept within the city which, by odor or noise, causes material
distress, discomfort or injury to persons of ordinary sensibilities
in the immediate vicinity thereof or which substantially interferes
with the comfortable enjoyment of private homes by persons of ordinary
sensibilities.
(Ordinance 543, sec. 1, adopted 10/15/19)
(a)
Any person who shall harbor or keep on his premises, or in or
about a premise under his control, any dog, cat, or pet animal, and
who shall allow his premises to become a hazard to the general health
and welfare of the community, or who shall allow his premises to give
off noxious or offensive odors due to the activity or presence of
such animals, shall be guilty of a misdemeanor.
(b)
All animal manure and other excrement shall be disposed of in
such a manner so as to prevent it from becoming a public nuisance.
An owner, harborer, or other person having care, custody, or control
of a dog or cat commits an offense if he knowingly permits, or by
insufficient control allows, the dog or cat to defecate in the city:
(1)
On private property other than property owned, leased, or controlled
by the owner, harborer, or person having care, custody, or control
of the animal; or
(2)
On public property or any other place to which the public or
a substantial group of the public has access, including but not limited
to a street, sidewalk, alley, park, or playground, or any common area
of a school, hospital, apartment house, office building, transport
facility, or shop.
(c)
It shall be unlawful for any person to feed feral or wild animals
at their property. A person commits an offense if they feed or harbor
feral canines or felines, or wild animals, for a period of more than
72 hours.
(d)
It is a defense to prosecution under this section that:
(1)
The owner, harborer, or other person having the care, custody,
or control of the animal immediately and in a sanitary manner removed
and disposed of, or caused the removal and disposal of, all animal
manure and other excrement deposited on the property by the animal;
(2)
The animal was a dog specially trained to assist a person with
a disability and was in the care, custody, or control of that disabled
person at the time it defecated on the property;
(3)
The owner or person in control of the property had given prior
consent for the animal to defecate on the property; or
(4)
The animal was a dog being used in official law enforcement
activities.
(Ordinance 543, sec. 1, adopted 10/15/19; Ordinance
580 adopted 4/18/2023)
The police department, animal control officer, or authorized
representative, is authorized to destroy any injured or diseased animal,
whether such animal is on public or private property, and the recovery
of such injuries or disease is in serious doubt, and after a reasonable
effort had been made to locate the owner of such animal.
(Ordinance 543, sec. 1, adopted 10/15/19)
Any person, firm, or corporation violating any provision of
this article shall be guilty of a misdemeanor and upon conviction
shall be fined for each and every day during which any violation of
this chapter or provision exists. Violation of any provision of this
article shall be deemed a misdemeanor, and upon conviction thereof
any person, firm or corporation violating the same shall be fined
a sum not to exceed $500.00 a day for each violation or occurrence,
or $2,000.00 a day for each violation or occurrence involving a regulation
affecting public health and sanitation.
(Ordinance 543, sec. 1, adopted 10/15/19; Ordinance 547 adopted 1/21/20; Ordinance 580 adopted 4/18/2023)
