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 any living creature, including, but not limited to,
dogs, cats, cows, horses, birds, fish mammals, reptiles, insects,
fowls, and livestock, but specifically excluding human beings.
means:
Any animal off the premises of the owner which is not physically
and continuously restrained by a person by means of a collar or harness
and a leash sufficient to prevent the animal from making unsolicited
contact with any other person or any other animal; or
Any animal on the premises of the owner not completely confined
by a building, wall or fence of sufficient height, strength or construction
to restrain the animal, or secured by a tether so arranged that even
when the tether is stretched to its full length, it is sufficient
to do all of the following: (a) prevent the animal from leaving the
owner's premises; (b) prevent the animal from coming closer than ten
feet from any public sidewalk, street, or other right-of-way; and
(c) prevent the animal from making unsolicited contact with any person
or any other animal.
means the animal control division of the city.
means any person designated by the chief of police and the
city manager to enforce the provisions of this section, and to supervise
all aspects of animal control.
means any collar constructed of nylon, leather, or similar
material, specifically designed to be used for the type of animal
upon which the collar is placed, and of an adequate size, design and
construction as appropriate for the animal's species, size and weight.
means a facility where a fee is charged to house, pasture,
or rent horses or other livestock.
means an animal, including but not limited to, a dog, that:
Makes an unprovoked attack on a person or a domesticated animal
that causes bodily injury and occurs in a place other than an enclosure
in which the animal was being kept that was reasonably certain to
prevent the animal from leaving the enclosure on its own; or
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 to reasonably believe that the animal will attack
and cause bodily injury to that person or a domesticated animal.
means within the owner's observation and in such close proximity
as to permit the owner reasonable opportunity to control the animal,
should it become necessary to do so in order to protect the animal,
a human or other animal from harm.
means any weather condition in which:
means any domesticated bird, including but not limited to,
chickens, ducks, turkey or quail.
means all dogs which are professionally trained and kept
solely for the protection of persons and property (residential, commercial
or personal).
means the act of keeping and caring for an animal, or of
providing a premises to which the animal returns for food, shelter
or care for a period of ten days or longer.
means a harness constructed of nylon, leather, or similar
material, specifically designed to be used for the type of animal
upon which the harness is placed, and of an adequate size, design
and construction as appropriate for the animal's species, size and
weight.
means a female domesticated fowl, including but not limited
to, a chicken, a turkey or a duck.
means a strap constructed of nylon, leather, coated metal
cable, or similar material, of an adequate size, design and construction
as appropriate for the species, size and weight of the animal to be
restrained.
means:
Large livestock:
Equine, including but not limited to, mules, donkeys, and
ponies, and all members of the cow family that stand at a height greater
than 48 inches measured from the withers.
Small livestock:
All types of domesticated sheep, goats, ostrich, emu, or
equine that stand at a height of 48 inches or less measured from the
withers.
means an organization that has been granted non-profit status
under Section 501(c)(3) of the Internal Revenue Code, and has a mission
promoting the humane treatment of animals.
means any person having title to any animal; or a person
who has, harbors, or keeps, or who causes or permits to be harbored
or kept an animal in their care or on their premises.
with respect to a collar or other neck restraint means one
that measures the circumference of an animal's neck plus at least
one inch, and with respect to a harness means one that is of an adequate
size, design and construction as appropriate for the animal's species,
size and weight.
means a fenced area or structure that is:
means a rope, leash, coated cable, or other device attaching
an animal to the ground, a stationary object or structure, or a running
line, pulley, or trolley system, so that the animal can be restrained
while unattended, regardless of whether the animal is actually unattended
while tethered.
means:
Any poisonous or dangerous reptile including, but not limited
to, poisonous frogs, lizards, or snakes, nonvenomous snakes capable
of growing over six feet in length; alligators, crocodiles, or any
other reptile capable of causing serious injury or death; or raccoons
or opossums; and
Any other animal that can normally be found in a wild state
and not normally capable of being domesticated including but not limited
to, a lion, a tiger, an ocelot, a cougar, a leopard, a cheetah, a
jaguar, a bobcat, a lynx, a serval, a caracal, a hyena, a bear, a
coyote, a jackal, a baboon, a chimpanzee, an orangutan, a gorilla,
a skunk, a fox, a panther, and any hybrid of any animal falling under
this definition.
[Ord. No. 810-97, § 1, 1-28-1997; Ord. No. 894-01, § II, 4-10-2001; Ord. No. 918-01, § 1, 11-13-2001; Ord. No. 1001-05, § 1, 1-11-2005; Ord. No. 1118-08, §§ 1, 2, 7-8-2008; Ord. No. 1119-08, § 1, 7-8-2008; Ord. No. 1198-11, § 1, 6-1-2011; Ord. No. 1300-15, § 1, 10-6-2015; Ord. No. 1440-21, § 1, 10-25-2021]
(a)
Where
the municipal court finds that a person has owned, kept or harbored
an animal in violation of this chapter, the court may place certain
remedial requirements upon such person if the court reasonably believes
that the remedial requirements will prevent further violation of this
chapter.
(b)
The remedial
requirements may include one or more of the following items:
(1)
Leash
and muzzle.
The court may require that the owner shall
not permit the animal to go outside the kennel or pen unless such
animal is securely leashed with a leash no longer than four feet in
length which is in the physical control of at least one person with
sufficient strength and dexterity to control the animal. Such animal
may not be leashed to an inanimate object such as a tree, post or
building. Additionally, such animal must be muzzled by a muzzling
device sufficient to prevent the animal from biting persons or other
animals.
(2)
Confinement
outdoors.
The court may require that the animal shall
be securely confined in an enclosed and locked pen or kennel, except
when on a leash and muzzled or when confined indoors. Such pen or
kennel must have secure sides and a secure top attached, or have sides
that measure at least eight feet from the ground. The structure must
be locked with a key or combination lock if a dangerous animal is
within the structure. The structure must have a secure bottom or floor
attached to the sides of the structure or the sides of the structure
must be embedded in the ground no less than two feet. All erected
structures must comply with all zoning and building regulations. Such
structures must be adequately lighted and ventilated and kept in a
clean and sanitary condition.
(3)
Relocation
of confinement area.
The court may require that the owner
relocate on their property the confinement area in which the animal
is kept so that the animal does not annoy, disturb, or in some other
manner offend the neighbors.
(4)
Confinement
indoors.
The court may require that the animal may not
be kept on a porch, patio, or in any part of the house or other structure
that will allow the animal to exit such building or structure on its
own volition. In addition, no such animal may be kept in a house or
structure when the windows or screen doors are the only obstacle preventing
the animal from exiting the structure.
(5)
Training.
The court may require that the person and animal engage in training
necessary to eliminate the problem. The court may designate a specific
training program to be followed or utilized.
(6)
Removal
from the city.
The court may require the animal be removed
from the city.
(7)
Removal
of animal from owner's custody.
The court may require
the person to sell, give away, or otherwise humanely dispose of the
animal at issue in the hearing.
(8)
Spay
or neuter.
The court may require that an animal which
is being returned to an owner or which an owner is being allowed to
keep within the city be spayed or neutered.
(9)
Destruction.
The court may order that an animal shall be humanely destroyed,
exception that the court may not order the destruction of a dog during
the pendency of an appeal.
(10)
Modification of fencing.
The fencing must be modified,
to the extent deemed necessary by the court, to prevent the animal
from escaping or causing injury to a person. Such modifications may
include, but are not limited to, extending the height of the fence
to prevent escape or access to neighboring property by jumping or
climbing, securing or burying the bottom of the fence to prevent escape
or access to adjoining property by digging, or a requirement that
specified fencing material be used to prevent the animal from tearing
down or destroying the fencing or inflicting injury through it.
(c)
In requiring
that remedial requirements be followed, the court shall also state
a time frame within which the owner must comply with the required
action. For good cause, the time period to comply may be extended
by the court.
[Ord. No. 894-01, § III, 4-10-2001; Ord. No. 1300-15, § 2, 10-6-2015; Ord. No. 1440-21, § 1, 10-25-2021]
