A. Vaccination
required.
Companion animals and ferrets over three (3)
months of age shall be vaccinated against rabies by a veterinarian
at the owner’s expense and no less frequently than is required
by state law.
B. Vaccination
tag and certificate.
1. Owners
of any animal vaccinated for rabies shall obtain from the veterinarian
performing the procedure a unique numbered vaccination certificate
and tag containing the following:
a. The
name and address of the owner;
b. A
description of the animal;
c. A
description of the type of vaccine used;
d. The
date of vaccination; and
e. The
expiration date of immunity provided by the vaccination.
2. The
certificate shall be surrendered for verification or examination upon
demand of the animal control officer or any other person charged by
the town with enforcement of this title. The tag shall bear the certificate
number and the year of vaccination, and shall be worn attached to
a collar or harness at all times, exceptions being cats, working animals,
show dogs, animals being kept in a veterinary hospital, or others
performing in agility, herding, tracking, coursing or hunting. Owners
shall be responsible for replacing lost tags. Tags and certificates
are nontransferable. Owners of animals without valid and current tags
and certificates shall be subject to fines as designated in the schedule
of fees.
C. Exposure
to rabies/biting.
To ensure protection of the public
health and welfare and control the spread of the rabies virus:
1. Any
person with knowledge that an animal has bitten a person shall immediately
report the incident to the animal control officer; and
2. Any
physician or other healthcare professional that treats a person for
an animal bite shall report such treatment to the appropriate state
health agency within twenty-four (24) hours of such treatment.
3. The
report must specify the name and home address of the person bitten,
and the precise location of the bite on the person.
4. Any
veterinarian who makes a clinical diagnosis of rabies and any person
who suspects rabies in any animal, including companion animals, domestic
animals, or wild animals, shall immediately report the same to the
appropriate state health agency providing information about where
and when such animal was seen and, if possible, where it may be found.
D. Animal
destruction or quarantine.
1. Any
dog, cat, or other animal determined by the state as requiring the
rabies vaccination, and which has bitten or otherwise exposed a person
or another animal to the rabies virus, shall be:
a. Quarantined
by confining it immediately and observing it in confinement for a
period of ten (10) days from the date of the bite, at the owner’s
expense, at a place and in a manner designated by the animal control
officer and approved by the appropriate state health agency. Upon
the conclusion of observation period, the animal shall be:
(1) Released in accordance with all applicable provisions of this title
if the animal does not show signs of infection with the rabies virus;
or
(2) Destroyed and its head sent to an appropriate laboratory for rabies
testing if the animal shows signs of infection with the rabies virus;
or if the animal shows signs of infection during the required period
of confinement and observation.
2. If
the animal is proven to the animal control officer to have a valid
current vaccination for rabies, and if the area involved is not under
quarantine for rabies, then the animal control officer may allow quarantine
of the animal at the owner’s home after its inspection and approval
by the officer for suitability as a location for quarantine. If the
animal shows signs of rabies during the required period of confinement
and observation, the animal shall be destroyed and its head sent to
an appropriate laboratory for rabies testing.
3. No
person may remove or release an animal from a required quarantine
location, or allow other animals into the quarantine location, during
the observation period without the written consent of the animal control
officer.
E. Dead
suspected rabid animals.
Pickup and disposal of rabid
animals or animals suspected of infection with the rabies virus shall
be handled by the animal control officer in a manner consistent with
state law.
(Ordinance 11-19 adopted 2011)
A. Conditional
use permits.
All boarding kennels, grooming parlors,
pet shops, doggie daycares, refuges, animal shelters, guard dog sites,
or hobby breeder sites shall be compliant with title 16, chapter 16.16
of this code.
B. Guard
dog and dangerous animal permits.
1. A guard
dog permit issued by the animal control officer shall be required
for all guard dog sites.
2. A dangerous
animal permit shall be required for any animal deemed dangerous within
the town. The permit will be valid for one year. The owner must comply
with the registration and handling requirements for the dangerous
animal to obtain the dangerous permit.
C. Intact
animal permit.
An intact animal permit issued by the
animal control officer is required to keep any dog exempt from being
sterilized. The animal thus exempted must be registered with a nationally
or internationally recognized animal registry organization. No person
shall breed or allow to be bred a dog or cat for which an intact animal
permit has been issued unless also accompanied by a hobby breeder
permit.
D. Hobby
breeder permit.
A hobby breeder permit issued by the
animal control officer will be required for controlled breeding of
dogs or cats. The hobby breeder permit number must appear in all advertisements
regarding the sale of any litter.
E. Multiple
animal permit.
1. No
person or any one household shall own, harbor, maintain or keep more
than a combined total of between seven (7) to twelve (12) dogs and/or
cats in any combination thereof over the age of three (3) months without
a valid hobby breeder permit or multiple animal permit.
2. All
dogs and cats at a multiple animal site shall be vaccinated against
rabies and must be either microchipped or otherwise permanently identified.
A fostered pregnant dog or cat and her eventual offspring are temporarily
exempted from this rule.
3. Granting
of multiple animal permits and any other required approvals shall
be at the discretion of the animal control officer.
4. No
permit shall be issued until an inspection by animal control has been
completed and compliance with this title is achieved and may be revoked,
modified or suspended if an adjoining property owner is reasonably
aggrieved by any effects of the multiple animal site.
F. Posting
of permits; other conditions.
1. This
provision shall apply to all relevant permits issued pursuant to this
title, including, but not limited to, multiple animal, dangerous dog,
and guard dog permits.
2. A permit
holder shall notify the animal control officer of any changes in operations
which may affect the status of any permit issued pursuant to this
title and shall keep the animal control officer informed of all changes
in name, location, address, and home and business telephone number
of the site and activities covered by the permit.
3. Both
the person in charge of a permitted premises and the owner of the
permitted premises shall be responsible for complying with this chapter.
4. At
each permitted premises, a current record shall be kept which describes
all animals owned, purchased or received, and the final disposition
of each animal.
5. Permits
shall expire one year after the date of issuance of the permit. An
application for renewal shall be filed at [with] the animal control
officer thirty (30) days before the date of expiration. The fees and
application and inspection procedures for permit renewals shall be
the same as those for new applications. Failure to renew permits as
specified shall result in the expiration of the permit or in the assessment
of a five percent (5%) late fee.
G. Permit
approval.
Within ten (10) business days of receipt of
an application for a permit, the animal control officer shall inspect
the premises to determine whether it complies with the standards established
in this chapter. The applicant shall be notified in writing by the
animal control officer of a denial of the permit application.
H. Appeals.
A written request for the appeal of any permit decision must
be filed with the chief of police within five (5) days of the animal
control officer’s decision.
I. Permit
expiration; renewal.
No permit except a guard dog permit
is transferable from one person or place to another person or place.
A guard dog permit may be transferred to a new location operated by
the same person during the permit year, provided that advance notice
of at least five (5) working days shall be given to the animal control
office for each transfer of a guard dog permit. Permit transfers shall
not be effective until the animal control officer has inspected and
approved the facilities at the new location and recorded the information
required on the permit application.
(Ordinance 11-19 adopted 2011)
The owner or custodian of an animal shall be responsible for
its care and maintenance. The owner or custodian of any animal shall
have the following obligations in regard to the care and maintenance
of each animal:
A. The
owner or custodian of an animal shall provide the animal with:
1. Food.
Uncontaminated, edible, nutritious food, in an adequate quantity
to maintain the normal weight and condition of a healthy animal. The
amount of food administered must conform to the individual animal’s
age and condition. All food containers shall be kept clean;
2. Water.
Animals shall be provided with constant access to a supply of
potable water with sufficient amount as to maintain good health as
required by the species whether the animals are outdoors or indoors
except as directed by a veterinarian;
3. Shelter.
Outside housing shall be soundly constructed of solid materials,
such as wood or plastic panels, and of a size appropriate for that
species that allows the animal to be able to stand up, sit down, lie
down, and turn around, and contain straw or other form of bedding
that is regularly changed, in order to protect animals from all four
(4) directions from the adverse effects of weather, including sun,
wind, rain and snow, that could be detrimental to the health of the
animal;
4. Exercise
area.
Area for exercise that is large enough to accommodate
that species;
5. Ventilation.
Ventilation must be sufficient to provide for the health and
safety of the animal and prevent strong odors from forming;
6. Veterinary
medical care.
Animal owners shall provide regular basic
and emergency medical care for all their animals. No person shall
keep an animal which is seriously sick or injured without providing
proper veterinary care to the animal. The animal control officer may
require a letter of health evaluation from a licensed veterinarian
describing the condition of the animal at the owner’s expense;
7. Cleaning
and grooming.
Basic cleaning and grooming shall be provided
as necessary for the health and general welfare of the animal. Grooming
the coat on most animals is necessary to ensure the coat is not matted
to the point that it becomes so heavy as to cause skin irritation
or trap fecal matter. The animal shall not be so dirty as to provide
a home for parasites and insects; and
8. Microchip.
No animal shall be allowed to have any foreign object imbedded
in its skin, fur or hair other than a microchip for companion animals.
B. Any
owner of an animal shall provide the animal with access to shade,
not including its required shelter.
C. It is
unlawful for a person to carry an animal in or upon any vehicle in
a cruel, inhumane, or unsafe manner, including the open bed of a truck
where the animal may fall out or suffer from the elements of weather.
If an animal control officer determines that an animal in an enclosed
vehicle is in immediate danger, the animal control officer may enter
the vehicle for the sole purpose of rescuing an animal in danger,
by any means necessary and/or legal, without being liable to the owner
of the vehicle. The animal control officer may take any animal rescued
in this manner into protective custody.
(Ordinance 11-19 adopted 2011)
A. Animals
on owner’s property.
Any animal, excluding cats,
that are not deemed dangerous on its owner’s property shall
be:
1. Placed
in a secure run or kennel measuring at least six feet (6') in width
and twelve feet (12') in length, and with access to shade; or
2. Kept
within a “secure enclosure”, as defined in this title,
surrounding the owner’s premises or a portion thereof; or
3. Kept
under the immediate physical control of a person capable of restraining
the animal; or
4. Restrained
by means of a trolley system, if the following conditions are met:
a. Only
one dog may be tethered to each cable run;
b. The
device must be attached to a pulley on a cable run or trolley;
c. There
must be a swivel on at least one end of the tether to minimize tangling
of the tether;
d. The
tether and cable run must be of adequate size and strength to effectively
restrain the dog. The size and weight of the tether must not be excessive,
as determined by the animal control officer, considering age, size
and health of the dog;
e. The
cable run must be at least ten feet (10') in length and mounted at
ground level;
f. The
tether must be a minimum of ten feet (10') in length which does not
allow the animal to move beyond the legal boundary of the property;
g. The
device must be affixed to an animal by use of a nonabrasive, comfortably
fitted collar or harness; and
h. The
device must be fastened so that the animal can sit, walk, and lie
down comfortably, and must be unobstructed by objects that may cause
the device or animal to become entangled or strangled.
i. The
animal shall not be kept on the cable for more than twelve (12) hours
at a time, and must be off of the cable for at least twelve (12) hours
before being placed on the cable again.
j. Direct
point chaining, or tethering of dogs to a stationary object, is prohibited.
5. The
animal must have access to adequate shade, shelter, food, and potable
water as outlined in subsection 6.16.030.A of this chapter.
6. The
area where the animal is confined must be kept free of feces, garbage
and other debris that might endanger the animal’s health or
safety.
7. The
area where the animal is confined must be kept free of insect infestation,
such as anthills, wasp nests, fleas, ticks, and maggot infestations.
8. The
animal shall be brought indoors, [in] garages, or other suitable areas,
when temperatures drop to a point where the animal is potentially
exposed to harm based on the size, and species of the animal.
B. Animals
off owner’s property.
1. Any
animal, excluding cats, off of its owner’s property shall be
kept on a leash at all times in compliance with this chapter, and/or
under the immediate physical control of a person capable of restraining
the animal. Voice command is not an acceptable form of control, except
in areas specifically designated by the town.
C. Confinement
during estrus.
While a female companion animal is in
estrus, that animal shall be isolated and protected from interaction
with unsterilized male animals of the same species unless breeding
is intended consistent with the requirements of this title, and a
litter permit or hobby breeder permit has been purchased as provided
by subsection 6.16.020.D of this chapter.
D. Guard
dog(s).
1. The
premises where a guard dog is housed or is on duty shall be enclosed
and secured to prevent escape of the guard dog and injury to the public.
2. Guard
dog premises shall be posted with warning signs at least twelve inches
(12") long on each side. The signs shall state: “Guard Dog”
and “Guardia”, and shall show a picture of an aggressive
dog. The warning signs shall be posted not more than two hundred feet
(200') apart on the exterior walls or fences surrounding the premises,
and shall be posted at all exterior corners of the premises and at
all entrances.
3. Vehicles
used to transport any guard dog, and vehicles protected by any guard
dog, shall be secured to prevent escape of the animal and injury to
the public. Any such vehicle shall be conspicuously posted with warning
signs.
E. Owner’s
liability.
Nothing in this section shall be construed
as allowing any animal under physical restraint to commit an act deemed
unlawful in this title. The owner shall be liable for any such acts
by an animal under physical restraint.
(Ordinance 11-19 adopted 2011)
A. Dangerous
animals.
1. Any owner of an animal determined to be dangerous shall be required to comply with registration and handling requirements for the animal and obtain a dangerous animal permit. The dangerous animal permit will be valid for one year if the owner, in addition to the requirements of this subsection
A, establishes that:
a. The
owner has the written permission of the property owner or homeowners’
association where the dangerous animal will be kept, if applicable;
b. The
dangerous animal will be maintained exclusively on the owner’s
property except for medical treatment or examination;
c. When
a dangerous animal is moved from the owner’s property, the animal
shall be caged or muzzled and restrained with a lead no longer than
four feet (4'), and the animal shall be under complete control at
all times;
d. A
clearly visible warning sign with a conspicuous symbol indicating
that there is a dangerous animal on the premises is posted where the
animal is kept and is visible from a public roadway or from fifty
feet (50'), whichever is less; and
e. The
animal does not attack or repeat attack on any person or other domestic
animal at any time without provocation.
2. If
the owner fails to abide by the conditions of registration, confinement,
or handling set forth in this title, the animal control officer may,
without court adjudication, order the immediate impoundment or humane
destruction of an animal previously determined to be a dangerous animal.
B. Seizure
of dangerous animals; petition to court.
1. Following
notice to the owner, if the animal control officer has probable cause
to believe that an animal is dangerous, and poses an imminent threat
to public safety, the animal control officer may apply to a court
of competent jurisdiction in the county where the animal is located
for a warrant or order to seize the animal and impound the animal,
or may impound the animal with the owner’s consent.
2. The
animal control officer shall impound the animal if public health and
safety so require pending disposition of the case or until the owner
has fulfilled the requirements for a certificate of registration pursuant
to the provisions of subsection 6.16.020.B of this chapter and any
other requirements imposed by the court for compliance with this title.
3. After
seizure:
a. The
owner may admit that the animal is dangerous and comply with the requirements
for a certificate of registration pursuant to subsection 6.16.020.B
of this chapter and any other requirements imposed by the court or
agreed to by the owner for compliance with this title; or
b. The
animal control officer may, within fourteen (14) days after seizure
of the animal, bring a petition to a court of competent jurisdiction
seeking a determination whether the animal is dangerous.
(1) If the court finds evidence that the animal is dangerous and poses
an imminent threat to public safety, the court shall order the owner
to comply with the registration and handling requirements for the
animal and obtain a certificate of registration within thirty (30)
days or have the animal humanely destroyed.
(2) If the court does not make the foregoing findings pursuant to this
subsection, the court shall immediately order the release of the animal
to its owner. A determination that an animal is not dangerous shall
not prevent an animal control authority from making a subsequent application
for seizure based on the animal’s subsequent or prior behavior.
C. Minimum
enclosure for dangerous animals.
“Minimum enclosure
for dangerous animals” means confinement indoors or secure confinement
in a locked pen, fenced yard or structure measuring at least six feet
(6') in width, twelve feet (12') in length, six feet (6') in height,
with secure sides and capped if there is a possibility that the animal
can climb the fence. Proper protection from the elements for the animal
must be provided. The enclosure must be designed to prevent the entry
of young children, and designed to prevent the animal from escaping.
D. Exceptions
for dangerous animals.
An animal shall not be declared
a dangerous animal if:
1. The
animal is used by a law enforcement official for legitimate law enforcement
purposes;
2. The
threat, injury, or damage was sustained by a person or domestic animal
that was provoking, tormenting, abusing or assaulting the animal or
had repeatedly, in the past, provoked, tormented, abused or assaulted
the animal; or if
3. The
animal was:
a. Responding
to pain or injury;
b. Protecting
itself or its offspring; or
c. Protecting
or defending a human being or domestic animal from an imminent, unlawful
attack or assault.
(Ordinance 11-19 adopted 2011)