The provisions of this chapter are intended to set forth the regulations relating to the keeping of animals within the city.
(Ord. 340 § 1, 1985)
This title does not apply to any veterinarian licensed to practice veterinary medicine in the state or to any place of business operated by such veterinarian, nor to animal training, animal cosmetics and routine animal husbandry practices, nor to laboratories subject to control or regulation by the National Institute of Health or the Federal Bureau of Animal Industry.
(Ord. 340 § 1, 1985)
For the purpose of this chapter, the following words shall have the following meanings:
means any live vertebrate creature, domestic or wild.
means any domestic cat of either sex belonging to the species Felis domestica, including its young or litter four month of age or older.
means any person, firm or corporation engaged in the keeping of, breeding, raising, buying, selling or boarding of five or more cats.
means any domestic canine four months of age or older and shall also include both male and female gender, whether neutered or spayed.
For purposes of this chapter, "enforcing officer" means the city manager or such other person as the city manager may designate. The city council, by contract, may delegate the collection of license fees and the performance of any of the duties of the enforcing officer.
means any wild, dangerous or venomous animal including, but not limited to, mammals, fowl, fish or reptiles, as determined by the enforcing officer.
An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
includes horse, mule, burro, pony, jack, hinny or jenny.
means any person, firm or corporation engaged in the keeping of, breeding, raising, buying, selling or boarding of five or more dogs.
includes cows, bulls, calves, heifers, swine, hogs, pigs.
means any person, partnership, or corporation owning, keeping, or harboring one or more animals.
It shall be unlawful and shall constitute a public nuisance for any person to keep within the limits of the city any animal, rooster or other noisy fowl, or combination of animals which unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood in which such animal or combination of animals is kept, or interferes with any person in the reasonable and comfortable enjoyment of life or property, or creates a significant risk of injury to life or property. An animal public nuisance may be but is not limited to an animal which:
means goats, sheep, rabbits, fowl (chickens, ducks, turkeys, geese) or any other domestic or domesticated animal other than household pets.
means any animal which shows a propensity to attack, bite, scratch or harass people or other animals without provocation.
(Ord. 340 § 1, 1985)
A.
No more than four cats and/or four dogs or a total combination thereof of eight (four cats and four dogs) shall be permitted in any residential occupancy. Keeping of more than four cats and/or four dogs is permitted under provisions of Chapter 6.02 and 6.03 respectively. Keeping of four cats and/or four dogs or less shall be regulated under provisions of Sections 6.01.020 L and 6.01.030 I.
B.
The keeping of small livestock is permitted within the city and shall be regulated under provisions of Sections 6.01.020 L and 6.01.030 I. The keeping of small livestock under the supervision of an adult for the purpose of an educational animal project is specifically permitted.
C.
The keeping of horses (private stables) is permitted on lots or parcels of twenty thousand square feet and over in area. The number of horses permitted on any lot or parcel is limited to one horse for each ten thousand square feet of lot area.
1.
Such animals shall be kept at least seventy feet from any buildings used for human habitation (other than the owners), public park, school, hospital or church building, on adjoining lots or parcels, and shall maintain a clearance of at least five feet from interior side and rear property lines, and fifteen feet from side street rights-of-way, excepting an alley or bridle path, unless the animals are confined by a five foot chain link fence or a five foot wood fence or equivalent with horizontal members no more than six inches apart, which fence may be located on an interior side or rear lot line and fifteen feet from a side street right-of-way. For purposes of this section, the area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.
2.
The location of corrals, fenced enclosures, barns, stables, stalls and similar enclosures used to confine horses, shall conform to subsection (B) above. Wherever the words "keeping" or "kept" are used in this section, it shall mean and include maintaining, grazing, riding, leading, exercising, tying, hitching, stabling and allowing to run at large. The foregoing, however, shall not preclude the riding or leading of horses to or from the premises in order to gain access to a bridle path, alley or street.
3.
Fences shall maintain a height of at least five feet and shall be of such construction as to preclude the escape of horses.
4.
Existing nonconforming uses pursuant to this section are permitted under existing property ownership or until their operation ceases to exist. All provisions of this section shall become immediately effective upon change of land ownership. For the purpose of this section, a stable left vacant for a period of six months or more shall be considered a cessation of operation.
D.
The keeping of more than two chickens, two rabbits, or two other similar fowl or small livestock on lots of less than ten thousand square feet shall be regulated under the conditional use process.
E.
The keeping of exotic animals shall be regulated under the conditional use process.
G.
Combinations of the above animals may be permitted provided the total density on any given parcel shall not exceed that herein specified.
H.
In no event shall there be any limit to the permissible number of sheep which may be grazed per acre, where such grazing operation is conducted on fields for the purpose of cleaning up harvested crops, stubble, volunteer or wild growth and further, where such grazing is not conducted for more than four weeks in any six month period.
I.
No person shall keep or permit to remain on any premises within the city any animal or combination of animals that habitually, unnecessarily, and unreasonably disturbs the peace and quietude of any neighbor or person by howling, barking, crying, or making other noise.
J.
Keeping Vicious Animals—Conditions.
1.
It is unlawful for any person to harbor or keep any vicious animal in the city in violation of this section.
2.
Every vicious animal, as determined by the enforcing officer, shall be confined by the owner within a building or secure enclosure and the property shall be posted with signs in conspicuous places warning of the presence of such animal. Each letter of these signs shall be at least two inches in height, and one-quarter inch wide.
3.
Whenever a suspected vicious animal is reported, the enforcing officer shall investigate the circumstances. If he or she finds that the animal is vicious, he or she shall notify the owner or harborer in writing stating all facts and circumstances. He or she shall order the owner to keep the animal physically confined to the premises in a manner which the officer approves as adequate under the circumstances, and shall order the posting of appropriate signs. If such restraint is impossible or the owner refuges to comply, the animal shall be subject to impoundment.
4.
A guard dog of any business or firm which is not securely confined during hours said business or firm is open to the public and which jeopardizes or subjects the hazard to be subject to the provisions of the ordinance codified in this title. The department of public safety, animal control division shall be notified of any keeping of animals for security purposes in a commercial or manufacturing zone.
(Ord. 340 § 1, 1985; Ord. 436 § 1, 1990)
A.
Stray Livestock. It shall be unlawful for any person owning, or controlling the possession of cattle, sheep or any other livestock, to wilfully or negligently permit any such livestock to stray upon or remain unaccompanied by a person in charge or control thereof upon any private or public property located within the city.
B.
Driven Livestock. It shall be unlawful for any person to lead, drive, or conduct any animals over or across any private or public lands within the city without obtaining prior consent of the private owner or public agency holding or governing such lands.
C.
Waste Removal. It shall be the duty of any person that leads, drives, or conducts animals along or across streets, parks, public parking lots, or school grounds, to pick up or clean up waste from such animals in aforesaid areas, in a manner to the satisfaction of the enforcing officer.
(Ord. 340 § 1, 1985)
Any person who finds any animal which has strayed or is running at large upon his own property or any other place contrary to the provisions of the ordinance codified in this title, may take possession of and hold same; provided, however, that he or she shall be obligated to notify the enforcing officer of his possession of such animal within twenty-four hours or the next regular working day after securing possession thereof, and give the enforcing officer full information in regard to the same including a complete description of such animal and license number, if any, and surrender the same to the enforcing officer upon demand.
(Ord. 340 § 1, 1985)
The enforcing officer shall have the authority to receive and dispose of any cat or cats, kitten or kittens delivered into his possession by the owner thereof, or any stray cat or cats, kitten or kittens, in violation of this chapter apprehended by himself or others. Said persons or owners shall be charged a fee for disposal as established by resolution.
(Ord. 340 § 1, 1985)
A.
No persons shall wilfully deposit any animal alive or dead upon public or private property for the purpose of disposal.
B.
Animals delivered by their owners to the enforcing officer will be impounded after payment of impoundment fees therefor as shall be established by the city council by resolution.
C.
Fees for euthanasia will be paid therefor as shall be established by the city council by resolution.
(Ord. 340 § 1, 1985)
Any person who has an animal in his possession, custody or control who wilfully or maliciously fails or refuses to exhibit such animal or any license therefor for inspection with due cause upon demand by the enforcing officer is guilty of an infraction.
(Ord. 340 § 1, 1985)
A.
For the purposes of discharging the duties imposed by this chapter or other applicable law and to enforce the same, the enforcing officer may enter upon private property, except dwellings located thereon, as follows:
1.
During daylight:
a.
When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law;
b.
To impound or place in isolation any animal thereon which he or she has any cause whatsoever to believe or suspect has rabies or is a biting animal;
c.
To inspect or examine animals isolated thereon pursuant hereto or other applicable law.
2.
At night:
a.
When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law;
b.
To impound or place in isolation any animal thereon which he or she has any cause whatsoever to believe or suspect has rabies or is a biting animal.
B.
As a condition of the authority set forth in this section, except where time does not permit in an emergency or when in fresh pursuit, before entering upon private property a reasonable effort shall be made to locate the owner or possessor thereof to request permission to enter upon such property and to explain the purpose of such entry.
(Ord. 340 § 1, 1985)
The enforcing officer shall deliver any injured dog or cat to a licensed veterinarian for emergency care. Any charges pursuant to this section and Section 6.04.100 shall be the responsibility of the owner if known and shall be collected pursuant to city policy. Such charges shall be collected prior to release of the animal to its owners or may be released under such arrangements as are acceptable to the enforcing officer.
(Ord. 340 § 1, 1985)
It is unlawful for any person to wilfully or maliciously torture, tease, torment, beat, kick, strike, mutilate, injure, disable or unhumanely treat any animal within the city. This section specifically applies to, but is not limited to any dog used by the sheriff's office, police department or private security force in the performance of the functions or duties of such department within the city. It is unlawful to unwarrantably interfere with or meddle with any such dog while being used by the department or by any officer or member thereof in the performance of any of the functions or duties of the department or of such officer or member.
(Ord. 340 § 1, 1985)