For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Abandoned.
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 not tagged nor
licensed.
Animal.
An animal organism other than a human being.
Animal control officer.
Any person designated by the city as an officer who is authorized
to perform animal control duties under the laws of the city.
Animal establishment.
Any pet shop, grooming shop, animal auction, performing animal
exhibition, kennel, or animal shelter, except this term shall not
include veterinary medical facilities, licensed research facilities,
facilities operated by government agencies, or licensed animal dealers
regulated by the USDA under the provisions of U.S. Public Laws 89544
and 92579.
Animal shelter.
Any facility designated or recognized by the city for the
purpose of impounding and caring for animals held under the authority
of this chapter and state law.
At large.
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 animal; 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 animal, or otherwise confined to said premises by means of a leash,
cord, chain, or enclosure.
Cat.
All members of the feline family of either sex, including
one neutered or sterilized.
Cruelly treated.
Tortured, seriously overworked, unreasonably abandoned, unreasonably
deprived of necessary food, care, or shelter, cruelly confined, or
caused to fight with another animal.
Dangerous dog.
A dog that:
(1)
Makes an unprovoked attack on a person that causes bodily injury
and occurs in a place other than an enclosure in which the dog is
being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own; or
(2)
Commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own and those acts cause
a person to reasonably believe that the dog will attack and cause
bodily injury to that person.
Dog.
All members of the canine family of either sex, including
one neutered or sterilized.
Fowl.
Any bird of any kind.
Harbors or harboring.
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.
Humane manner.
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.
Kennel.
An establishment kept for the purpose of breeding, selling,
or boarding dogs or cats or engaged in training dogs or cats.
Licensed veterinarian.
A person licensed to practice veterinary medicine by the
state board of veterinary medical examiners.
Livestock.
Any horse, mule, jack, jenny, cow, cattle, sheep, goat, rabbit,
or pig or hog.
Neutered or sterilization.
The surgical removal of the reproductive organs of a dog
or cat to render the animal unable to reproduce.
New owner.
A person who is legally competent to enter into a binding
contract and who is adopting a dog or cat from a releasing agency.
Nuisance.
A dog or cat, or other animal, either licensed or unlicensed,
which:
(3)
Is not vaccinated against rabies as required by this chapter;
(5)
Turns over garbage containers;
(6)
Barks, whines, or howls in an excessive, loud, continuous fashion
so as to unreasonably disturb nearby persons;
(7)
Howls, growls, or hisses in an excessive, loud, continuous fashion
so as to unreasonably disturb nearby persons;
(8)
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;
(9)
Causes unsanitary, dangerous, or offensive conditions:
(10)
Molests, attacks, or interferes with persons or other domestic
animals; or
Owner.
A person, firm, partnership, company, association, or corporation
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 longer.
Person.
Any individual, corporation, partnership, organization, or
institution commonly recognized by law as a unit.
Pet shop.
Any person, firm, partnership, corporation, or company conducting
business at a properly zoned location therefor, whether operated separately
or in connection with another business enterprise other than a kennel,
that engages in the business of buying or selling at retail dogs or
cats or other animals for profit-making purposes.
Poultry.
Domesticated birds that are normally kept for eggs or meat.
“Poultry” includes, but is not limited to, chickens, turkeys,
geese, ducks, and guineas.
Property.
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, and the like.
Quarantine.
Strict confinement of an animal specified in an order of
the city council or its designee:
(1)
On the private premises of the animal’s owner or at a
facility approved by the city council or its designee; and
(2)
Under restraint by closed cage or paddock or in any other manner
approved by city council rule.
Rabies.
An acute viral disease of man and animal affecting the nervous
system and usually transmitted by an animal bite.
Residence.
A house, apartment, room, or duplex inhabited as the principal
dwelling place of a person or persons.
Residential building.
A structure or building designed, constructed, or converted
for use as a residence.
Secure enclosure.
A fenced area or structure that is:
(2)
Capable of preventing the entry of the general public, including
children;
(3)
Capable of preventing the escape or release of a dog;
(4)
Clearly marked as containing a dangerous dog; and
(5)
In conformance with the requirements for enclosures established
by the local animal control authority.
Stray.
Roaming with no physical restraint beyond the premises of
an animal owner or keeper.
Trap.
Any device placed by an animal control officer, employed
or used in the capture of animals, which is not under the constant
supervision of an officer and which functions in such a manner as
to confine any animal entering same.
Vaccination.
An injection of vaccine which has been approved by the United
States Department of Health and Human Services.
Vicious animal.
Includes any animal, wild or domestic, which demonstrates
a propensity toward the unprovoked biting or attacking of animals
or humans, or which demonstrates a disposition toward savagery or
ferociousness toward animals or humans or which represents a physical
threat to animals or humans.
Wild animal.
Any nondomestic animal normally found in a natural habitat.
(1997 Code, sec. 90.001; Ordinance
adopting Code)
For the purpose of enforcing this chapter, any animal control
officer or peace officer is hereby authorized to issue to any owner
or other person who violates any provision of this chapter a citation,
which shall be dated and signed by the issuing officer. The citation
shall set forth the general nature of the violation charged, and shall
direct the violator to appear in the municipal court of the city on
or before a certain day. The violator shall sign the summons to indicate
his agreement to appear. In the event a violator refuses to sign the
agreement to appear, a peace officer may be called to the scene and,
upon the continued refusal of such person to sign, may arrest such
person. In those instances wherein the violator is not present, the
citation may be issued, a complaint filed, and procedure followed
as permitted by law.
(1997 Code, sec. 90.003)
It shall be unlawful for any person to tamper with, destroy,
damage, 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.
(1997 Code, sec. 90.005)
The driver of any vehicle which collides with or strikes any
domesticated animal shall immediately stop such vehicle at the scene
of such accident, or as close thereto as possible without interfering
with traffic, render reasonable assistance to said animal, and then
and there either locate and notify the owner of said animal or report
said accident and the injury to the department of animal control,
the county sheriff’s department, or the local humane society.
The provisions of this section shall not apply to any emergency vehicle
or to a driver taking an ill or injured person to medical care, nor
shall it require assistance to an animal if providing such assistance
would place any person in danger from the animal or traffic.
(1997 Code, sec. 90.008)
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 or persons who have willfully poisoned any
dog or cat within the city.
(1997 Code, sec. 90.009)
The city council has set a fee per animal to dispose of deceased
large animals at the city landfill by city employees, said fee to
be as provided for in the fee schedule.
(Ordinance 070501-1 adopted 5/1/07)
(a) It
shall be unlawful for any person to slaughter an animal within public
view.
(b) Any
person who shall violate any of the provisions of this section shall,
upon conviction thereof, be fined in a sum of not less than $25.00
nor more than $500.00. A separate offense shall be deemed committed
when any violation occurs or continues.
(Ordinance 080617-1, secs. 130.40,
130.99, adopted 6/17/08)