For the purpose of this chapter, the following definitions shall
apply, unless the context clearly indicates or requires otherwise:
Animal.
Any live, vertebrate creature, domestic or wild.
Domestic animal.
Those animals which are naturally tame and gentle or which,
by long association with man, have become thoroughly domesticated
and are now reduced to such a state of subjection to his will that
they no longer possess the disposition or inclination to escape. This
definition specifically includes household pets, such as dogs and
cats.
Estray.
Any stray horse, stallion, mare, gelding, filly, colt, mule,
hinny, jack, jennet, hog, sheep, goat, or head of any species of cattle.
Fowl.
Birds commonly considered poultry and including, but not
limited to, turkeys, pheasants, quail, geese, guinea, peafowl, ducks,
ostriches, emus, or similar feathered animals regardless of age, sex
or breed, not including chickens. For purposes of this chapter, the
term “fowl” shall not include canaries, parakeets, parrots,
cockatiels or other birds commonly maintained in households within
cages.
Guard dog.
Any dog trained or used to protect persons, premises, or
property by attacking or threatening to attack any person found within
the area patrolled by the dog.
Kennel.
Any place where five or more dogs, cats, or any combination
thereof, over the age of one year, are raised, trained, boarded, harbored,
or kept.
Livestock.
Shall include any horse, donkey, stallion, mare, gelding,
filly, colt, mule, hinny, jack, jennet, hog, sheep, goat, or head
of any species of cattle.
Other animal.
A goose, chicken, duck, rabbit, guinea, pigeon, bird, fowl,
or any other animal of domestic barnyard variety not listed as a wild
animal, domestic animal, or estray.
Owner.
Any person who owns, keeps, harbors, controls, physically
or orally, feeds, shelters, or aids any animal, or any person who
is the owner’s agent left in charge of an animal.
Quarantine.
Isolation and close observation of animals to prevent transmission
of certain diseases.
Restrain.
Any animal shall be deemed to be restrained when it is:
(1)
Confined on the premises of the owner within a fenced enclosure,
capable of confining the animal;
(2)
Fastened or picketed by a lead, rope, or chain so as to keep
the animal on the premises;
(3)
Under the control of a person by a leash;
(4)
Within a vehicle being driven or parked; or
(5)
At heel and obedient to oral command.
Secure enclosure.
A pen, cage, container, structure or building, of sufficient
strength and height to prevent the subject animal(s) from escaping
therefrom. The enclosure must be free of defects, disrepair or any
other deficiencies that would give rise to a reasonable conclusion
that a dog or other animal would likely be able to escape as determined
by the animal control authority.
Wild animals.
Those animals living in a state of nature and not ordinarily
tame or domesticated.
(Ordinance 583 adopted 10/1/87; Ordinance 979 adopted 7/7/14; 1999 Code, sec.
91.01)
Any person who violates the provisions of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine in accordance with the general penalty provided in section
1.01.009 of this code.
(Ordinance 583 adopted 10/1/87; Ordinance 644 adopted 4/2/92; Ordinance
788 adopted 2/16/04; Ordinance 794 adopted 7/12/04; Ordinance 937 adopted 3/21/11; 1999 Code, sec. 91.99; Ordinance adopting 2023 Code)
It shall be unlawful to forcibly interfere with the animal control
officer, or his designee thereof, in order to hinder him in the performance
of his official duty.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.09)
It shall be the duty of the chief of police or his designee
to keep or cause to be kept accurate and detailed records of:
(1) Impounding and disposition.
Impoundment and disposition
of all animals coming into his custody. Such records shall be kept
for a period of at least three years and shall give the description
of all animals impounded, date of impounding, date of sale or other
disposition, the amount of money received from the sale, and the name
and address of the purchaser.
(2) Bite cases.
All known animal bite cases shall be recorded
by the police department.
(3) Monies received.
Records regarding monies received under
the provisions of this chapter shall be open to inspection at reasonable
times by persons responsible for similar records of the city, and
shall be audited by the city auditor annually in the same manner as
other city records are audited.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.10)
(a) Generally.
It shall be unlawful for any person to own
or maintain an animal in such a manner as to constitute a public nuisance.
The following acts shall constitute a public nuisance:
(1) Failure to restrain an animal;
(2) Property damage caused by an animal;
(3) Maintaining an animal in an unsanitary environment;
(4) Permitting an animal to bark, whine, howl, crow, cackle, or make
any other noise which causes annoyance or interference with another’s
reasonable use and enjoyment of his premises;
(5) Herding of animals along or upon any public right-of-way, except
by officers, agents, or employees of the federal, state, or local
government or agency thereof, if such herding is done in the performance
of official duties;
(6) The maintenance of a kennel in violation of the zoning ordinances;
or
(7) Keeping of more than three dogs or cats, exclusive of a puppy or
kitten litter under the age of six months, within a residential zoned
area.
(b) Keeping swine.
It shall be unlawful for any person to
keep swine within the limits of the city, except for the keeping of
swine under direct supervision by and upon the premises of public
and private schools, fairs, or livestock shows; provided, however,
in no event shall swine be kept within the limits of the city for
a period of time in excess of seven days.
(c) Other animals.
All “other animals,” with the exception of “other animals” prohibited in section
3.02.002, shall be confined to the premises of the owner or custodian of such other animals and it shall be unlawful for any person to allow such other animals to run or fly at large or go upon a premises of another person. No other animals shall be kept within a front yard in a residential zone area.
(d) Dead animals.
It shall be unlawful for the owner or
custodian of any dead animal which is not intended as food for human
consumption to permit or suffer such dead animal to remain upon any
premises.
(e) Livestock.
It shall be unlawful to keep any livestock within the city limits unless such livestock is kept in private or commercial premises as authorized in article
3.02 of this chapter.
(Ordinance 583 adopted 10/1/87; Ordinance 979, sec. 1, adopted 7/7/14; 1999
Code, sec. 91.02)
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 is unavailable or
unknown, then such report shall be made to the animal control officer
or the police department or to the local Humane Society.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.03)
No person shall expose an open trap or metal jaw trap likely
to injure any domestic animal or person.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.04)
No person shall dye, color, or artificially color any rabbit,
baby chick, duckling, or other animal, or offer for sale any such
dyed, colored, or artificially colored other animal.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.05)
(a) Guard
dogs shall be securely enclosed within the area patrolled at all times
or under the continuous control of a trained handler. It shall be
unlawful for any person to place or maintain guard dogs in any area
for the protection of person or property unless the following provisions
are met:
(1)
(A) The dogs shall be confined to an enclosed area adequate to ensure
they will not escape; or
(B) The dogs shall be under the absolute control of a handler at all
times when not securely enclosed;
(2) The owner or other persons in control of premises upon which a guard
dog is kept shall post a warning sign at each entrance to such premises
with lettering clearly visible from a distance of 50 feet. In the
case of nonresidential or multi-family premises, the sign shall contain
a telephone number where some person responsible for controlling such
guard dog can be reached 24 hours a day; and
(3) Prior to the placing of a guard dog on any nonresidential or multi-family
premises, the persons responsible for the placing shall inform the
chief of police in writing of their intention to place said dog or
dogs, the number of dogs to be placed, the location where said dog
or dogs will be placed, and the approximate length of time said dog
or dogs will be guarding the area.
(b) For
the purpose of this section, the term “nonresidential or multi-family
premises” shall mean the placing of guard dogs on any nonresidential
or multi-family property, irrespective of ownership of the property
or dog.
(Ordinance 583 adopted 10/1/87; 1999 Code, sec. 91.06)
It shall be unlawful and is hereby declared to be a nuisance
for any butcher, stockman, or other person to keep or herd, or be
instrumental in keeping or herding, any cattle or other stock in a
pen, or confined otherwise, within the city, so as to create obnoxious
and offensive odors or stench.
(1966 Code, sec. 13-12; 1999 Code,
sec. 91.07)
(a) No
person shall own, keep, or harbor a dog or cat over the age of three
months within the city limits unless the dog or cat shall have been
vaccinated with an anti-rabies vaccine by a licensed veterinarian.
After the initial vaccination, the animal must receive a booster within
the 12-month interval following the initial vaccination. Thereafter,
all such animals shall, at a minimum, be vaccinated at three-year
intervals from the initial date on which such animal was vaccinated
or required to be vaccinated or at other ages and intervals specified
by the regulations of the department of state health services or its
successor agency.
(b) Upon compliance with the provisions of subsection
(a) above, there shall be issued to the owner of such animal a numbered metallic vaccination tag stamped with the number and the month and expiration year, which shall be securely fastened on such vaccinated dog or cat.
(Ordinance 583 adopted 10/1/87; Ordinance 788 adopted 2/16/04; 1999 Code,
sec. 91.08)
It shall be unlawful for any person knowingly to cause or permit
the maintenance of an attractive environment for any animal which
is not owned by said person, by the placement of food or other means.
It is a defense prosecution under this section that the person placed
the food or other attractive environment solely for the purpose of
apprehending an animal for surrender to humane organization or to
the animal control officer. Use of bird feeders designed for feeding
wild birds is permitted under this section.
(Ordinance 1195 adopted 1/8/2024)