As used in this chapter, the following terms shall have the
meanings hereinafter described:
The following shall be considered animals.
Wild animals.
Wild animals are those of a wild nature or disposition so
as to require reclaiming, and making tame by art, industry, or education,
or else must be kept in confinement to be brought within the immediate
control of its owner. Wild animals shall not include domestic animals
or livestock.
Domestic animals.
Domestic animals are those which are naturally tame and gentle,
or which by long association with man have become thoroughly domesticated
and are now reduced to such state of subjection to his will that they
no longer possess a disposition or inclination to escape, and can
be vaccinated against rabies. Domestic animals shall not include wild
animals or livestock.
Livestock.
Animals typically found on farms and ranches and generally
kept for work, breeding, sale or human consumption. Livestock does
not include domestic animals or wild.
The person(s) designated by the city or municipality to represent
and act for the city in controlling animals running at large, the
impoundment of animals and the enforcement of other animal control
ordinances including state and federal statutes within the city.
Any pet shop, grooming shop, animal auction, performing animal
exhibition, kennel, or animal shelter, except this term shall not
include veterinary medical facilities (unless the veterinary facility
is considered “kennel” as set out below), licensed research
facilities, facilities operated by government agencies, or licensed
animal dealers regulated by a government agency.
Any permitted facility designated or recognized by the city
for the purpose of impounding and caring for animals at large.
An animal shall be deemed at large when not under restraint
or out of its controlled property.
To restrict; to keep within certain limits; the act of confining.
Any animal which, because of its physical nature and/or dangerous
propensity, is capable of inflicting harm or death to human beings
or would constitute a danger to human life or property and which has
behaved in such a manner that the owner thereof knows or reasonably
should know that the animal is possessed of tendencies to attack or
to bite human beings, or other animals;
Any animal certified by a doctor of veterinary medicine, after
observation thereof, as posing an unreasonable danger to humans, animals,
or property upon the basis of a reasonable medical probability;
Any animal that commits an unprovoked attack on a person or
other animal on public property which property is not under the control
of the owner; or
Any animal that, although unprovoked, attacks, attempts to attack
or threatens to attack a person on public property or private property
which property is not under the control of the owner.
An individual’s customary temperament or emotional
response or making final arrangements in an orderly manner.
Any animal normally adapted to live in intimate association
with humans or for the advantage of humans.
A painless and humane death.
A release from liability or requirement.
Chickens, ducks, geese, turkeys, guineas, pheasant, and dove.
Care of an animal to include but not be 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.
The collecting and confining of an animal by a government
entity or government contractor pursuant to a state or local ordinance.
An establishment kept for the purpose of breeding, selling
or boarding animals or engaged in training animals. An establishment
that sells no more than two (2) litters in any consecutive twelve-month
period shall not be considered a kennel for breeding or selling animals.
Any veterinary medical facility which engages in the breeding, selling,
boarding or training of animals is a kennel within the definition
of this section. Retention of an animal for medical treatment shall
not constitute boarding of the animal.
An animal from the term cow, calf, bull, horse, mule, jackass,
donkey, burro, sheep, or goat.
Rendering permanently incapable of reproduction.
An animal shall be considered a nuisance if it: damages,
soils, defiles, or defecates on private property which property is
not under the control of the owner, or on public property unless such
waste is immediately removed and properly disposed of by the owner;
causes unsanitary, dangerous or offensive conditions; causes disturbance
by excessive barking or other noise-making; chases vehicles; or molests,
attacks, or interferes with persons or other animals on public property,
or private property which property is not under the control of its
owner.
A person having the right of property or custody of an animal
or keeps or harbors an animal or knowingly permits an animal to remain
on or about any premises occupied by that person or who has an animal
under restraint.
Any individual, corporation, partnership, organization, or
institution commonly recognized by law as a unit.
An establishment engaged in the business of buying or selling,
at retail, animals for profit-making purposes.
Recorded by a government body.
An animal shall be considered under restraint if it is fenced,
caged, housed or is secured by a leash or lead under the control of
the person who prevents the animal from violating any provisions in
this chapter.
With respect to an attack by an animal shall mean that the
animal was not taunted or touched, hit, kicked, or struck by a person
with an object, or part of a person’s body, or by another animal.
(Ordinance 081013, sec. 1.2, adopted 10/13/08)
All provisions of this chapter may be enforced by certified
animal control officers and peace officers and such other persons
as are designated by the city.
(1)
It
shall be unlawful for any person to interfere with, obstruct, resist
or oppose any animal control officer or other person authorized to
enforce the provisions of this chapter while such person is apprehending
an animal or performing any other duties. It shall be unlawful to
take or attempt to take any animal from any animal control officer
or from any vehicle used by the officer to transport any animal or
to take or attempt to take any animal from the animal shelter or other
kennel or confinement area used to impound an animal.
(2)
In
all instances of a violation of any provisions of this chapter, state
law or federal law, the owner or keeper of such animal may be cited
by any officer who has the authority to enforce this chapter, state
law or federal law.
(3)
In
the enforcement of this chapter, police shall have the authority to
shoot, with deadly force, any animal to protect themselves [or an]
animal control officer, from an imminent threat to life, another animal
from attack or to prevent such animal from enduring further pain or
suffering as a result of disease or injury. Animal control officers
also have the authority to trap said animals not to be limited to
state law.
(Ordinance 081013, sec. 1.11, adopted 10/13/08)
Any person who shall violate any provision of this chapter shall
be guilty of a misdemeanor and, on conviction thereof, shall be fined
in an amount not exceeding $200.00 for each violation. Each day in
which any such violation shall continue shall be deemed a separate
offense.
(Ordinance 081013, sec. 4.1, adopted 10/13/08)
Fees pertaining to animal control are as set forth in appendix
A to this code.
(Ordinance adopting Code)
(a)
Permits.
(1)
No person shall operate an animal establishment without first obtaining
a permit in compliance with this section, and such reasonable rules
as established by the city council from time to time. No such permit
shall be issued for a location within a residential zone.
(2)
Application for a permit to establish a new breeding animal establishment
under the provisions of this chapter may be made at any time and is
presented to the city council for review.
(3)
Permits may be issued upon payment of the applicant fees as set forth
in appendix A to this code.
(4)
Every facility regulated by this chapter shall be considered a separate
enterprise, requiring an individual permit.
(5)
Under the provisions of this chapter, no permit fee shall be required
of any animal shelter. All other state provisions shall apply. Any
change in category under which a permit is issued shall be reported
to the city within thirty (30) days, whereupon reclassification and
appropriate adjustment of the permit fee shall be made.
(b)
Issuance and revocation of permits.
(1)
The city may revoke any permit if the person holding the permit refuses
or fails to comply with this chapter, the regulations promulgated
by the city or any other law governing the protection and keeping
of animals.
(2)
If any applicant is shown to have withheld or falsified any material
information on the application, the city may refuse to issue or may
revoke a permit.
(3)
It shall be a condition of issuance and continuation of any permit
for an animal establishment that the city shall be permitted to inspect
any and all animals, documentation, and photograph on premises where
such animals are kept at any reasonable time during normal business
hours without prior notification. Where a permit is revoked for any
cause, or pending appeal of such action, the city shall have the power
of entry on the premises and into all areas where animals are being
kept. A person denied a permit may not reapply for a period of at
least thirty (30) days. Each reapplication shall disclose any previous
denial or revocation and shall be accompanied by such fees as shall
be set forth in appendix A to this code.
(Ordinance 081013, sec. 1.4, adopted 10/13/08; Ordinance 081013, sec. 1.5, adopted 10/13/08)
(a)
All
animals shall be kept under restraint by the owner.
(b)
No
animal shall be allowed to cause a nuisance.
(c)
The
owner of every animal shall be held responsible for every behavior
of such owned animal.
(d)
Animal
owner, or persons left responsible [shall] provide adequate food,
water, and shelter from [the elements] to include heat, cold, and
rain.
(Ordinance 081013, sec. 1.6, adopted 10/13/08)
It shall be unlawful for any person to interfere with, injure,
capture or kill any animal within a public park, driveway, highway,
or any other public property of the city.
(Ordinance 081013, sec. 1.9, adopted 10/13/08)
No person shall, within any residential zone, keep, maintain,
harbor or possess more than four (4) dogs, cats, or any combination
thereof, over four (4) months of age.
(Ordinance 081013, sec. 1.3(f),
adopted 10/13/08)
(a)
Applicability.
This section shall not apply to or prohibit
the keeping of wild animals by the following:
(1)
A publicly or privately owned zoo maintained or operated by a nonprofit
organization or government entity that is open to the public at least
six (6) days per week and which is located in a commercially zoned
area.
(2)
Publicly or privately maintained circus, traveling show or rodeo
which does not remain in the city for longer than a period of fourteen
(14) days out of each year.
(3)
Hospitals, clinics and other premises operated by licensed veterinarians
for the care and treatment of animals.
(c)
Restraint; muzzling.
All wild animals and reptiles not prohibited in subsection (b) above, shall at all times be caged or secured to a person or an immovable object by form of leash or lead sufficient to prevent such animal from becoming free of such cage, person or object. Whenever a wild animal or reptile is taken off the property or premises, it shall be restrained by lead rope or leash in addition to being muzzled to prevent such animal from biting persons or other animals.
(Ordinance 081013, sec. 2.1, adopted 10/13/08)
Animals at large within the city limits are prohibited.
(Ordinance 081013, sec. 2.2, adopted 10/13/08)
All pens and enclosures of all animals within the city shall
be maintained and kept in such [condition] as not to become unsanitary,
offensive or disagreeable to persons residing in the vicinity; nor
shall they be so maintained or kept to permit the breeding of flies
or any other disease carrying hosts or in any manner cause injury
to the health or comfort to the public or any person.
(Ordinance 081013, sec. 2.3, adopted 10/13/08)
The following definitions shall apply throughout this chapter:
A small radio frequency identification device that is inserted
between the shoulder blades of an animal and is inert until activated
by a scanner. The microchip provides specific information about an
animal’s identity.
All dogs or cats in the city limits must be microchipped.
All dogs or cats will be microchipped prior to leaving the animal
shelter.
All impounded dogs or cats shall have a microchip inserted between
its shoulder blades before being released to its owner. The owner
of the dog or cat shall pay the cost for this procedure in addition
to the impoundment fees.
Any dog or cat that is adopted from the animal shelter shall
have a microchip inserted between its shoulder blades and the animal’s
new owner shall pay the cost for this procedures.
The microchip fee is not refundable and may be used only for
the dog or cat for which it was issued.
(Ordinance 140114 adopted 1/14/14)
(a)
All
dogs or cats in the city limits shall be spayed/neutered. The owner
of such animals must retain documentation of the spay/neuter of their
animals.
(b)
All
dogs or cats impounded within the corporate city limits will be spayed/neutered
prior to being released to the owner. The cost to spay/neuter the
animal shall be paid by the owner along with the impound fees.
(c)
The following animals will not be spay/neutered as directed under subsection (a):
(1)
The animal is under four (4) months of age;
(2)
A licensed veterinarian certifies that the dog or cat should not
be spayed/neutered for health reasons or is permanently nonfertile;
(3)
The animal is a trained animal used by or under the authority of
a governmental agency in police or rescue work;
(4)
Animals transferred to another animal shelter that provides a written
agreement to the city that the animal will be sterilized before being
placed into a new home located within the corporate limits of the
city; or
(5)
Animals, picked up for the first time, belonging to a breeder that
has:
(Ordinance 140114 adopted 1/14/14)
