The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Abandonment
means to desert or to leave without care, food, shelter,
or a continuous source of clean water for a period of 24 hours or
more.
Animal
means any member of the group of living beings belonging
to the subphylum vertebrate, specifically excluding human beings.
The term "animal" shall include any and all types, both domesticated
and wild, male and female, warm and cold blooded.
Animal control authority
means the person or persons designated by the city council
or applicable state law to enforce this chapter.
Animal establishment
means any pet shop, grooming shop, kennel or animal shelter,
in which dogs, cats and/or other animals are confined; except this
term shall not include veterinary medical facilities, licensed research
facilities, facilities operated by government agencies, or licensed
animal dealers regulated by the USDA under the provisions of federal
law.
Animal shelter
means a facility designated or recognized by the city for
the purpose of impounding and caring for animals.
At-large
means to be free of physical restraint beyond the boundaries
of the premises of the owner.
Cat
means any member of the family Felis domestica.
Coyote hybrid
means an animal that is the offspring created by the mating
of a coyote with a non-coyote animal, or is shown to be a coyote hybrid
by the testimony of a licensed veterinarian or animal control officer,
or is represented to be a coyote hybrid by a person who owns or exercises
control or custody of said animal.
Dangerous animal
means an animal that:
(1)
Makes an unprovoked attack that causes bodily injury to a person,
and occurs in a place other than an enclosure in which the animal
was being kept; such enclosure being reasonably secure so as to prevent
the animal from leaving the enclosure on its own; or
(2)
Commits unprovoked acts in a place other than an enclosure in
which the animal was being kept; such enclosure being reasonably secure
so as 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.
Dog
means any member of the family Canis familiaris; excluding
wolf hybrids which contain any percentage of wolf.
Domestic animal
means a tame, gentle animal (including Felis domestica and
Canis familiaris), caged birds, amphibians, fish, reptiles (other
than poisonous or dangerous reptiles), small caged rodents, and P.
furus (the common ferret).
Fowl or birds
means all animals belonging to the class of Aves including
members of the parrot family and all game birds such as, but not limited
to, the following: dove, quail, duck, goose, pigeon, cardinal, blue
jay, robin, sparrow, blackbird, and crow.
Kennel
means an establishment kept for the purpose of breeding,
selling, or boarding dogs or cats or engaged in training dogs or cats.
Lawful fence
means one of the following:
(1)
A fence with a minimum of three strands of barbed wire at least
four feet high with strong posts every 15 feet and at least one or
more sturdy stays between the posts;
(2)
A fence with pickets four feet high and not more than six inches
apart;
(3)
A fence with three boards not less than five inches wide and
one-inch thick or four rails provided the fence is at least four feet
high;
(4)
A fence constructed of a pipe which demonstrates a sufficient
strength and height to restrain the animal which is being contained;
or
(5)
A fence of chain link at least four feet high.
All fencing must be in good repair (sufficient for the breed)
and may not include trash (including, but not limited to, doors, mattress
springs, etc.).
|
License
means a tag on a collar and/or implanted microchip for identification
renewed annually with the city.
Livestock
means domestic animals generally used or raised on a farm
for profit, work, or pleasure, including, but not limited to, cattle,
cows, sheep, pigs, bulls, stallions, mares, geldings, jacks, jennies,
hogs, and llamas.
Owner
means any person who has a right of property to an animal,
keeps or harbors an animal, has an animal in their care, acts as custodian
of an animal, or who permits an animal to remain on or about his premises.
Peace officer
shall have the meaning assigned Vernon's Ann. C.C.P. art.
2.12.
Person
means any individual, firm, corporation, partnership, other
business unit, society, association or other legal entity, any public
or private institution, the state, or any municipal corporation or
political subdivision of the state.
Pet shop
means an establishment engaged in the business of buying
or selling, at retail, animals for profit-making purposes.
Restraint
means an animal that is within a secured enclosure, secured
by a leash or lead, or under the physical control of a responsible
person.
Unprovoked attack or acts
means an attack or act by an animal which took place even
though the person that was attacked did not do anything to cause or
encourage the attack or act.
Wolf hybrid
means a canid that is the offspring created by the mating
of a wolf with a non-wolf animal, or is shown to be a wolf hybrid
by the testimony of a licensed veterinarian or an animal control officer,
or is represented to be a wolf hybrid by a person who owns or exercises
control or custody over said animal.
(Ordinance 07-521-10, § 1,
adopted 4/5/2007)
It shall be the duty of the animal control authority or peace
officer to carry out all applicable provisions of this article and
to pick up and impound all animals found to be in violation hereof.
(Ordinance 07-521-10, § 2,
adopted 4/5/2007)
It shall be unlawful for persons to interfere with, hinder or
molest any agent of the animal control authority or any duly authorized
peace officer in the performance of any duty as herein provided. It
shall also be unlawful for any person to remove an animal from or
inflict damage upon a humane live trap set by the animal control authority.
(Ordinance 07-521-10, § 3,
adopted 4/5/2007)
(a) It shall
be unlawful for any person to keep, harbor, possess, maintain or allow
to be kept, harbored, possessed or maintained more than four dogs
or four cats, or a combination of said animals with the total number
not exceeding eight, over three months old, upon or within any premises
owned, occupied, or under the control of such person within the city
except where specifically exempt in this chapter.
(b) It shall
be unlawful for any veterinary hospitals, pet shops, kennels, circus,
or animal shelter to keep, harbor, possess, maintain or allow to be
kept, harbored, possessed or maintained more than 40 dogs or 40 cats
or a combination of said animals with the total number not exceeding
60 upon or within any premises owned, occupied, or under control of
such agency within the city.
(Ordinance 07-521-10, § 4,
adopted 4/5/2007; Ordinance
08-530-10, § 2(A), (B), adopted 3/6/2008)