(b)
It
is the purpose of this chapter to encourage responsible animal ownership
and to protect the public health, safety, and welfare of the city.
(c)
The
provisions of this chapter shall not be construed to authorize the
keeping of any animal in violation of any other city ordinance, state
or federal statute or law.
(Ordinance 08-O-02, sec. 1, adopted 1/14/2008; 2009 Code, sec. 2.01.001)
For the purposes of this chapter, the following words, terms,
and phrases shall have the meanings ascribed to then in this section,
except where the context clearly indicates a different meaning:
The animal control division of the police department.
Any person designated by the chief of police, or his designated
representative within the police department, to represent and act
for the city in impounding animals, controlling animals running at
large, and to enforce all regulations including as authorized by the
state.
The keeping of any animal in such a manner as to endanger
the public health, to annoy neighbors through the accumulation of
animal wastes which cause foul and offensive odors, is a hazard to
any other animal or human being, or any animal that by its presence
interrupts or otherwise interferes with the quality of life of those
individuals in its proximity.
The facility that keeps or legally impounds stray, homeless
or abandoned animals picked up within the city limits by an animal
control officer.
The chief of police of the city or his designated agent.
To inflict pain or suffering and includes any act of neglect
or abandonment.
Any animal that:
Makes an unprovoked attack on a person that causes bodily injury
and occurs in a place other than an enclosure in which the animal
was being kept and that was reasonably certain to prevent the animal
from leaving the enclosure on its own;
Commits unprovoked acts in a place other than an enclosure in
which the animal was being kept and that was reasonably certain to
prevent the animal from leaving the enclosure on its own and those
acts cause a person to reasonably believe that the animal will attack
and cause bodily injury to that person; or
Has attacked and bitten another animal without provocation on
at least one (1) previous occasion.
The state requirements relating to livestock control.
Any and all species of animals which commonly exist in a
natural, unconfined state, are usually not domesticated and can pose
a potential physical threat to the public or that are protected by
international, federal or state regulations. This definition shall
apply regardless of state or duration of captivity.
All of those birds commonly called poultry, but not limited
to chickens, ducks, geese, guinea fowl, turkeys, pigeons, and all
the relatives of those birds which can be kept in pens, coops, cages,
or enclosures of any kind.
To cause the death of an animal by a method which:
The ten (10) days following a biting incident during which
an animal’s health status must be monitored.
Any person having title to any animal, or a person who has,
harbors, or keeps, or who causes or permits to be harbored or kept,
any animal in his care, or who permits an animal to remain on or about
his premises.
Any establishment where dogs and cats are bought, sold or
traded. This term includes all establishments selling dogs or cats
exclusively or buying, selling or trading dogs or cats along with
other animals or fowls.
To arouse or stir up purposely, to incite or to invoke attack.
Secured by a leash, lead, or enclosure.
Off premises.
Any animal which is not restrained by means of a leash or
chain of sufficient strength not more than six feet (6') in length,
to control the actions of such animal while off the owner’s
property.
On premises.
Any animal not confined on premises of owner by a substantial
fence of sufficient strength and height to prevent the animal from
escaping therefrom, or secured on the premises by a metal chain or
leash of sufficient strength to prevent the animal from escaping therefrom.
A permit issued by the city council to allow certain exemptions
to this chapter, including but not limited to allow for animals located
on school property and designated as a “show animal,”
or animals located at a “livestock show” for a time not
to exceed 72 hours.
An injection of United States Department of Agriculture approved
rabies vaccine administered in accordance with applicable state regulations
by a licensed veterinarian.
A person or any domestic animal that has been attacked by
any animal.
A dog which is:
(Ordinance 08-O-02, sec. 2, adopted 1/14/2008; 2009 Code, sec. 2.01.002)
(a)
Any
person found to be in violation, disobedience, omission, neglect,
failure or refusal to comply with the enforcement of any of the provisions
of this chapter shall be punished by a fine not to exceed five hundred
dollars ($500.00) for each violation. Each day that a violation is
permitted to exist shall constitute a separate offense.
(b)
If
any owner is found guilty of having violated any provision of this
chapter, such violation may result in the revocation of such owner’s
authorization to keep or maintain the animal(s) in question.
(Ordinance 08-O-02, sec. 18, adopted 1/14/2008; 2009 Code, sec. 2.01.003)
The chief of police, any police officer of the city, and the
animal control officers shall have the right to enforce any of the
provisions of this chapter. The chief of police is hereby delegated
the authority to appoint any person to aid and assist him in carrying
out such enforcement.
(Ordinance 08-O-02, sec. 3, adopted 1/14/2008; 2009 Code, sec. 2.01.004)
(a)
Issuance of citations.
Representatives of the police
department shall enforce the provisions of this chapter. Police officers
and animal control officers shall have the authority to issue citations
to persons violating the provisions of this chapter. If the person
is not present, an animal control officer shall have the authority
to send the citation to the alleged offender by registered or certified
mail.
(b)
Interference with enforcement.
It shall be unlawful
for any owner or person to interfere with a police officer or an animal
control officer in the performance of their duties as prescribed by
this chapter.
(c)
Entry on private property.
Police officers and animal
control officers shall have the right to pursue and apprehend animals
running at large onto private property while enforcing the provisions
of this chapter.
(Ordinance 08-O-02, sec. 17, adopted 1/14/2008; 2009 Code, sec. 2.01.005)
Animal control may revoke any permit or license of any person
regulated by this chapter if the person holding the permit or license
refuses or fails to comply with this chapter or any law governing
the protection and keeping of animals.
(Ordinance 08-O-02, sec. 10, adopted 1/14/2008; 2009 Code, sec. 2.01.006)
(a)
Offensive or unsanitary pens or enclosures.
It shall
be unlawful and constitute a public nuisance for any person to maintain
any animal or fowl in such a manner or allow any pen, enclosure, yard,
or similar place used for the keeping of animals or fowl to become
unsanitary, offensive by reason of odor, or create a condition that
is a breeding place for fleas, flies or other vector and which is
offensive to persons of ordinary sensibilities residing in the vicinity
thereof or is determined to be a public nuisance by the animal control
authority.
(b)
Animals repeatedly at large, attacking other animal, or damaging
property.
It shall be unlawful and constitute a public
nuisance for any person to maintain any animal which repeatedly roams
at large in violation of this chapter on public or private property;
attacks another animal(s); or damages public or private property.
(c)
Animals defecating and urinating in certain places; removal of excreta.
(1)
Prohibition.
It shall be unlawful for the person controlling
to permit, either willfully or through failure to exercise due care
or control, any dog or animal to urinate or defecate upon the sidewalk
or parkway of any public street, or upon the floor of any common hall
in any entranceway, stairway, or wall immediately abutting on a public
office building or other buildings used in common by the public, or
upon the floor, stairway, entranceway, office, lobby, foyer, or patio
used in common by the public. For the purpose of this section, the
term “parkway” shall mean the portion of a public street
other than a roadway or a sidewalk.
(2)
Removal of excreta.
It shall be unlawful and an offense for any person to fail to promptly remove and dispose of, in a sanitary manner, feces left by a dog, cat, or other animal being handled or controlled by the person upon public works, parks, recreation areas, sidewalks, parkways, or public streets or any other public areas specified in subsection (1) of this section, or upon any private property other than the premises of the owner, handler, or controller of such animal.
(d)
Failure to remove excreta.
It shall be unlawful and
constitute a public nuisance for the owner of any animal to allow
any excreta deposited by his animal to remain on public or private
property. Any condition injurious to public health caused by the lack
of or improper disposal of animal waste will be considered a violation
of this section.
(e)
Allowing animal to remain nuisance.
It shall be unlawful
for any person to allow any animal to remain a public nuisance as
defined herein.
(f)
Dead animals.
It shall be unlawful for any person to
permit the carcass of any dead animal to be or remain upon any property
under his control for more than twenty-four (24) hours after the death
of the animal.
(Ordinance 08-O-02, sec. 16, adopted 1/14/2008; 2009 Code, sec. 2.01.007)
