(1) No dog
keeper shall permit a dog to be at large.
(2) Except
for bees and cats, it shall be unlawful for the keeper of farm animals
to allow these animals to run at large or be upon the premises of
any other person, a public sidewalk or street.
(3) The offenses specified in subsections
(1) and
(2) of this section are punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.418 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
No person shall unreasonably permit a dog to cause continuous annoyance as defined in section
5.402. The above offense is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.420 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6215, enacted February
14, 2008; further amended by Ordinance
No. 6421, enacted October 19, 2020]
(1) No dog
keeper shall allow the dog to deposit dog feces on any improved property
other than that of the dog keeper. It shall be a defense to this section
if the dog keeper immediately removes the feces.
(2) No horse
keeper shall allow the horse to deposit horse feces on any improved
property other than that of the horse keeper. It shall be a defense
to this section if the horse keeper immediately removes the feces.
(3) The offenses specified in subsections
(1) and
(2) of this section are punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.422 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) All
farm animals shall be properly caged or housed and proper sanitation
shall be maintained. All food shall be stored in metal or other rodent-proof
receptacles.
(2) All
structures designed to house farm animals and farm animal pens and
runs shall be located in the rear portion of the yard no closer than
40 feet from the front property line or 20 feet from any interior
property lines.
(3) The
city and/or animal control authority shall have the right at any time
to inspect the premises where farm animals are kept. Owners or occupiers
of premises not in compliance with this section shall be notified
in writing by the city to correct any deficiencies. If within one
week of receiving the notice, the owner or occupier shall fail to
correct the deficiencies listed, the city shall declare the premises
to be a nuisance and the same to be abated.
(4) The offenses specified in subsections
(1),
(2) and
(3) of this section are punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.424 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) Dog
Licenses.
(a) Every
keeper of a dog or wolf-dog hybrid that has a set of permanent canine
teeth or has attained the age of six months, whichever event occurs
first, shall immediately obtain a license for the dog.
(b) Licenses
shall be valid for one year from the date of issuance or until the
sale or gift of the dog, whichever first occurs.
(c) No
license shall be issued until a certificate of vaccination for rabies,
valid for the license year, is presented to the animal control authority;
provided, however, the requirement for a certificate of vaccination
for rabies shall not apply to wolf-dog hybrids. In the event that
a rabies vaccine becomes licensed for use in wolf-dog hybrids, this
exemption will be withdrawn.
(d) Dog
keepers shall renew the dog license before it becomes delinquent for
as long as they keep or harbor the dog.
(e) A
license tag issued to a dog keeper shall be attached securely to a
collar or harness that shall be worn at all times when off the premises
of the owner. If a license tag is lost, the keeper may obtain a duplicate
license tag upon satisfactory proof of loss and payment of the required
fee.
(2) Commercial
Kennel License.
(a) No
person shall operate a commercial kennel without a commercial kennel
license. Kennel licenses shall be valid for one year from the date
of issuance.
(b) Kennel
licenses are in lieu of individual dog licenses. Dogs licensed under
this section must at all times be confined to the kennel premises.
(c) No
kennel license will be issued under this section to anyone not in
conformance with applicable zoning statutes and ordinances.
(d) The
following provisions shall govern revocation of kennel licenses:
(i) Three or more violations of this code within a period of 12 calendar
months shall result in revocation of licenses granted under this section.
(ii) Revocation may occur after the licensee has been mailed a notice
of a time to appear at a hearing at least five days in advance of
the hearing. The notice shall include a general statement of the reasons
for commencing the revocation proceedings.
(3) Fees.
Dog license fees are due and payable upon the issuance of licenses.
Fees shall be determined by council resolution. The types of licenses/fees
required to be paid under the provisions of this code shall be as
follows:
(b) Dog
License Fee—Neutered. Dog keepers applying for this reduced
fee must present a certificate from a licensed veterinarian stating
that the dog to be licensed has been neutered.
(c) Dog
License Fee—Keepers, 60 Years of Age or Older. Dog owners applying
for this reduced fee must present proper proof of age as well as proof
of rabies vaccination for the dog to be licensed.
(4) License
Fees—Exceptions.
(a) No
license fee shall be required for a guide/service dog that is trained
to provide services to a visually impaired and/or physically challenged
person. A license shall be issued for the dog upon proper proof of
rabies vaccination and upon filing of a statement by the impaired
person showing the dog to come within this exemption. The statement
shall be filed with the animal control authority.
(b) After
application upon a form to be provided by the animal control authority,
a permit may be issued to the licensed business to use that dog as
a watchdog. The fee for the permit shall be in addition to the individual
dog license fee.
(5) The offenses specified in subsections
(1),
(2),
(3) and
(4) of this section are punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
(6) License
Vietnamese Pig.
(a) Every keeper of a Vietnamese Pig as set forth in section
5.416 shall obtain a license for the pig. In order to obtain the license, the owner or keeper shall submit to the city the veterinarian’s certificate specified in section
5.416(2)(b). The license fee shall be the same as a license fee for a dog as specified in subsection (3).
(b) Licenses
shall be valid for one year from the date of issuance or until the
sale or gift of the pig, whichever first occurs.
(c) Pig
keepers shall renew the pig license before it becomes delinquent for
as long as they keep or harbor the pig.
(d) A
license tag issued to a pig keeper shall be attached securely to a
collar or harness of the pig for which it was issued. In addition
to a collar or license, a microchip identification shall be utilized.
If a license tag is lost, the keeper may obtain a duplicate license
tag upon satisfactory proof of loss and payment of the required fee.
(e) Failure to comply with any term or requirement of section
5.416 or this section by a pig keeper is punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
(f) In the event that the keeper or the individual designated in section
5.416(2)(e) is unavailable and short term housing for the pig is required, the keeper shall be responsible for such short term housing and food costs and shall reimburse the city or city’s designee for all costs expended.
[Section 5.426 amended by Ordinance No. 5902, enacted December 7, 1998; further
amended by Ordinance No. 6169, enacted May
15, 2006; further amended by Ordinance
No. 6271, enacted July 18, 2011; further amended by Ordinance No. 6421,
enacted October 19, 2020]
Any business using a watchdog must conspicuously post the premises to warn the public of the watchdog. The dog must not be allowed access to the public on the property during business hours. If the dog is used outside of a building, the property must be fenced in a way to prohibit the dog access to any public right-of-way. Failure to comply with this section is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.428 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
No dog or animal keeper shall permit the dog or other animal
to be abandoned. Any peace officer or animal control officer may:
(1) Provide
food and water to abandoned dogs or other animals. The dog or other
animal keeper shall pay for such services.
(2) Impound
any abandoned dog or other animal. As soon as practical, notice of
impoundment under this section shall be posted at the house or be
mailed to the keeper, or if the keeper is unknown, to the address
at which the dog or other animal was found and impounded.
(3) If a
person exercised control over a stray animal, the person shall turn
the animal over to the animal control authority, unless the person
notifies the animal control authority of the description of the animal,
the address where the animal is being kept, and agrees to retain possession
of the animal for three days after notification.
(4) The offenses specified in subsections
(1),
(2) and
(3) of this section are punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.430 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) Any
peace officer or animal control officer may humanely destroy any dog
too severely injured to be moved and not on the property of its keeper,
when the keeper is either unknown or cannot be reached after reasonable
effort.
(2) Any
sick or injured dog found by a peace officer or animal control officer
off the premises of its keeper may be delivered to its keeper. If
the keeper is either unknown or cannot be reached after reasonable
efforts, the dog may be delivered by the animal control authority
to a veterinarian for medical treatment. Upon delivery to a veterinarian,
the following procedures shall apply:
(a) When the dog is unlicensed and the keeper is unknown, the veterinarian shall determine whether the dog is so severely injured or incurably crippled that the humane thing to do would be to destroy the dog. If a determination is made to destroy the dog, the dog may be destroyed immediately. If the veterinarian determines instead that the dog should be given treatment, the treatment may be given. Following treatment, the dog may be impounded according to section
5.442 of this chapter.
(b) When the dog is licensed or the keeper is known and cannot be reached, the veterinarian shall determine whether the dog is so severely injured or incurably crippled that the humane thing to do would be to destroy the dog. If a determination is made to destroy the dog, the dog may be destroyed immediately. If the veterinarian determines instead that the dog should be given treatment, the treatment may be given. Following treatment, the dog may be impounded according to section
5.442.
(3) Arrangements
for fees, selection of veterinarians, liability of veterinarians,
etc., shall be determined by separate contracts between the animal
control authority and individual veterinarians.
(4) The
keeper shall pay for all medical expenses incurred in accordance with
this section.
[Section 5.432 amended by Ordinance No. 6421, enacted October 19, 2020]
(1) Any
peace officer or animal control officer may humanely destroy any animal
too severely injured to be moved and not on the property of its keeper,
when the keeper is either unknown or cannot be reached after reasonable
attempts to do so.
(2) Any
sick or injured animal found by a peace officer or animal control
officer off the premises of its keeper may be delivered to its keeper
if it is feasible to do so. Any animal for which the keeper is either
unknown or cannot be reached after reasonable attempts to do so may
be delivered by the animal regulation authority to a veterinarian
for medical treatment if the animal control authority reasonably believes
that such treatment is necessary. The veterinarian shall determine
whether the animal is so severely injured or incurably crippled that
the humane thing to do would be to destroy the animal. If the determination
is made to destroy the animal, the animal may be destroyed immediately.
If the veterinarian determines treatment should be given, the treatment
may be given; provided, however, the animal may be destroyed if not
claimed by its keeper within 72 hours after being delivered to the
veterinarian.
(3) Arrangements
for fees, selection of veterinarians, liability of veterinarians,
etc., shall be determined by separate contracts between the animal
control authority and individual veterinarians.
(4) The
keeper shall pay for all medical expenses incurred in accordance with
this section.
[Section 5.434 amended by Ordinance No. 6421, enacted October 19, 2020]
(1) Any
peace officer or animal control officer may impound a dog or other
animal that is in violation of this code.
(2) The
animal control authority shall impound a dog if the keeper of the
dog has not posted bail or paid a fine for a violation of this code
imposed by the municipal judge. For any dog so seized, the notice
and disposition of the dog shall be in the same manner as for licensed
dogs under the provisions of this code.
(3) Any
person whose property has been trespassed upon by any dog or other
animal in violation of this code may apprehend that dog or other animal
upon the person’s premises. The person may hold the dog or other
animal or deliver it to the city’s designated impoundment facility.
Any person who so impounds a dog or other animal must immediately
notify the animal control authority of such impoundment.
(4) If an
animal control officer or a peace officer has probable cause to believe
that any animal that is in an unoccupied motor vehicle may be in danger
of dying, the officer may enter the motor vehicle and impound the
animal and leave a notice in the vehicle where the animal may be reclaimed.
[Section 5.440 amended by Ordinance No. 6421, enacted October 19, 2020]
(1) Unless
claimed by its keeper, a dog impounded under this code will be impounded
at least three days if the dog is without a license or identification
tag and for at least five days if it has a license or identification
tag following reasonable notification as provided in this section.
A reasonable effort will be made to notify the keeper of a dog before
a dog is removed from impoundment, including, but not limited to,
notification by public posting, telephone contact, or mailing of impoundment
notice. If no keeper appears to redeem a dog within the allotted time,
the dog may be killed in a humane manner or sold or released to a
responsible person upon receiving assurance that the person will properly
care for the dog.
(2) Except as provided in subsection
(1), the animal control authority shall notify the keeper by telephone or by the mailing of an impoundment notice as soon as practicable after impoundment. The impoundment notice shall advise the keeper of the place where the dog is kept, the procedures required for the redemption of the dog, the fees for the impoundment, daily care and redemption, the consequences of failure to redeem the dog.
(3) A keeper
whose dog is impounded may apply to the municipal judge for the release
of the dog within three days of impoundment for a dog without a license
or identification tag or within five days if it has a license or identification
tag. The municipal judge shall set a time and place for hearing the
application and notify the impounding officer. Upon a summary hearing,
the municipal judge shall determine whether the dog has been wrongfully
impounded and whether it shall be returned to its keeper, and upon
what terms.
(4) In addition to, and notwithstanding any other provision of sections
5.400 to
5.476, upon a showing made by affidavit that there is probable cause to believe that a dangerous animal has been exposed to the public in violation of code section
5.450(2), or that a person keeps a vicious dog in violation of code section
5.456(1), a judge may issue an order requiring the keeper to appear at a time set by the court and show cause why the animal should not be destroyed. The order may be served upon the keeper by any method authorized by the Oregon Rules of Civil Procedure (ORCP) for services of summons. The court may further order the dangerous animal or vicious dog be impounded by the animal control officer or any peace officer and held pending conclusion of the show cause hearing in a veterinary hospital, the Greenhill Humane Society, a kennel approved by either the appropriate county or state health agency or the animal control authority. If a preponderance of the evidence at the show cause hearing supports a finding that either sections
5.448,
5.450(2) or section
5.456(1) has been violated, the court may:
(a) Order
the dangerous animal or vicious dog be destroyed; and
(b) Require
the keeper to pay the costs of impounding, holding and destroying
the dangerous animal or vicious dog.
[Section 5.442 amended by Ordinance No. 6421, enacted October 19, 2020]
(1) Redemption
of impounded dogs or other animals shall be made by exhibiting satisfactory
proof that the person is the keeper, and by paying the following required
fees and charges:
(c) License
and rabies vaccination fees, if required;
(d) Medical
care fees, if required.
(2) Subject
to the other requirements of this code, impounded dogs and other animals
may be sold.
(3) When
a dog or other animal is sold by the animal control authority, the
purchaser shall pay any required license and rabies vaccination fees.
(4) No impoundment
charge shall be made for dogs or other animals released after the
municipal court’s determination that no violation occurred.
(5) No live
dog or other animal shall be sold to any person or entity for surgical
or medical demonstration or vivisection.
(6) Except
as otherwise provided, if after 120 hours an impounded dog or other
animal cannot be sold, the dog or other animal may be destroyed by
any humane method permitted under state law.
[Section 5.446 amended by Ordinance No. 6421, enacted October 19, 2020]
(1) No dog
or other animal keeper shall permit the dog or other animal to chase,
kill, wound or injure livestock not belonging to the dog keeper while
off the premises owned or under the control of the dog keeper.
(2) If any
dog not under the control of any person is found chasing livestock
on property other than that of its keeper, it shall be deemed prima
facie as engaged in killing, wounding or injuring livestock.
(3) No person
shall own any dog with knowledge that it has killed or wounded live-stock.
(4) No keeper
shall permit a dog to be at large and to chase livestock not belonging
to the dog keeper.
(5) A dog found to be in violation of this section may be impounded and disposed of in accordance with section
5.442 of this chapter.
(6) Violation of this section is punishable as a Class C misdemeanor pursuant to section
1.205 of this code.
[Section 5.448 amended by Ordinance No. 6172, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) No person,
firm, association, or corporation who is the keeper of a dangerous
animal, or who has a right of property in, or who harbors, has in
his or her care, possession, custody or control a dangerous animal,
shall allow a dangerous animal to be exposed to the public.
(2) A dangerous
animal that has been exposed to the public may be impounded by a peace
officer or animal control officer and disposed of in accordance with
the provisions of this code for the impoundment and disposition of
dogs. Before a dangerous animal is released, the municipal judge must
enter findings stating that proper precautions will be taken to insure
the public health and safety.
(3) A dangerous
animal running at large, that, because of its disposition or diseased
condition, is too hazardous to apprehend may be destroyed by a peace
officer, animal control officer, or by a person acting in defense
of the person, the person’s family, another person, or another
dog or animal.
(4) Violation of this section is punishable as a Class C misdemeanor pursuant to section
1.205 of this code.
[Section 5.450 amended by Ordinance No. 6172, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) The
keeper of a dog or other animal that bites a human being shall immediately
notify the Lane County health authority of such bite, the time and
circumstances of the bite and name and address of the person bitten,
if known.
(2) Any
person who is bitten by a dog or other animal shall immediately notify
the Lane County health authority of such bite giving the description
of the dog or other animal, the time and circumstances of the bite
and the name and address of the keeper, if known.
(3) When
a doctor, veterinarian, hospital employee, or other person has information
that a person has been bitten by a dog or other animal, such person
shall immediately notify the Lane County health authority.
(4) When a bite incident is also potentially a vicious dog incident which falls under the circumstances in section
5.456, Lane County health authority will be notified immediately and a report will also be taken by SPD. The incident will be investigated under the provisions in section
5.456 of this code.
[Section 5.452 amended by Ordinance No. 6421, enacted October 19, 2020]
(1) When
either the animal control authority or the appropriate county or state
public health agency has grounds to suspect that a dog or other animal
is infected with the disease of rabies, there shall be delivered to
the keeper of the dog or other animal, a written notice. The biting
of any person by a dog or other animal shall constitute adequate grounds
for suspecting the dog or other animal to be so infected. The keeper
shall thereupon be required to quarantine the dog or other animal
for 10 days. The delivery of the notice to a member of the keeper’s
family 15 years of age or older at the premises where the dog or other
animal is kept or at the keeper’s usual place of residence shall
be considered a delivery of the notice to the keeper. Any dog or other
animal required to be quarantined shall be confined as follows:
(a) On
the keeper’s premises in such a manner as to prevent it from
being in contact with any other animal or person; or
(b) At
the keeper’s expense in a veterinary hospital, the Greenhill
Humane Society, or a kennel approved by either the appropriate county
or state health agency or the animal control authority.
(2) Any
animal that has been bitten by a dog or other animal proved to be
rabid shall be destroyed.
(3) If a
dog or other animal exhibits symptoms of rabies while it is under
quarantine, the appropriate county or state health agency may dispose
of the dog or other animal in accordance with its regulations.
(4) Notwithstanding the 10-day period specified in subsection
(1) of this section, if a wolf- dog hybrid bites a person or is exposed to a rabid animal the appropriate county or state health agency may dispose of the wolf-dog hybrid in accordance with its regulations.
[Section 5.454 amended by Ordinance No. 5092, enacted December 7, 1998; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) The
purpose of this section is to establish a procedure whereby dogs that
pose a reasonably significant threat of causing serious injury to
humans, domestic animals or livestock or property are identified and
subjected to appropriate consequences and precautionary restrictions
to prevent initial or additional injuries.
(2) No person
shall own or be the keeper of a dog in city limits which is found
to engage in the following behaviors:
(a) Level
1 behavior is established if a dog at large is found to menace, chase,
display threatening or aggressive behavior or otherwise threatens
or endangers the safety of any domestic animal or livestock.
(b) Level
2 behavior is established if a dog at large is found to menace, chase,
display threatening or aggressive behavior or otherwise threaten or
endanger the safety of any person or service animal.
(c) Level
3 behavior is established if a dog, while at large, bites or causes
physical injury to any domestic animal or livestock.
(d) Level
4 behavior is established if a dog, whether or not confined, without
substantial provocation, bites or causes physical injury to any person
or service animal, or while at large, causes serious physical injury
to any domestic animal.
(e) Level
5 behavior is established if:
(i) A dog, whether or not confined, causes the serious injury or death
of any person or service animal without substantial provocation; or
(ii) A dog, while at large, kills any domestic animal; or
(iii) A dog, while at large, kills any livestock; or
(iv) A dog engages in or is found to have been trained to engage in exhibitions
of fighting; or
(v) A dog that has been previously classified at Level 3, 4 or 5 under section
5.456 engages in any behavior described in subsection
5.456(2)(c),
(d) or
(e) after the owner or keeper has been previously convicted under subsection
5.456(2)(c),
(d) or
(e).
(3) Notwithstanding subsection
5.456(2), the animal control officer shall have discretion to refrain from classifying a dog as vicious even if the dog has engaged in the behaviors specified in subsection
5.456(2) if the animal control officer determines that the behavior was a result of the victim abusing or tormenting the dog or other extenuating circumstances.
(4) No dog shall be classified as vicious if the behavior in question was directed against a trespasser on the property of a business which owns a licensed watchdog, providing the owner or keeper has complied with section
5.428.
(5) No dog
shall be classified as vicious if the behavior in question was directed
against a trespasser that has illegally entered any residence or premises.
(6) Upon conviction under 5.456(1), the dog owner or keeper will comply with any disposition of the dog or confinement regulations set forth by the judge or in agreement with the city prosecutor or animal control officer. Failure to do so will be deemed a violation of section
5.470 or may result in revocation of any diversion or probationary agreement.
(7) Associated
Penalties.
(a) Level 1 vicious behavior is punishable by a Class C Violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
(b) Level 2 behavior is punishable by a Class B violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
(c) Level 3 behavior is punishable by a Class A violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
(d) Level 4 behavior is punishable as a Class C misdemeanor pursuant to section
1.205 of this code.
(e) Level 5 behavior is punishable as a Class B misdemeanor pursuant to section
1.205 of this code.
[Section 5.456 amended by Ordinance No. 6172, enacted May 15, 2006; further
amended by Ordinance No. 6192, enacted April
2, 2007; further amended by Ordinance
No. 6421, enacted October 19, 2020]
No person shall knowingly permit a dog or other animal carcass owned by him or her to remain on public property, or to be exposed on private property, for more than 24 hours. The above offense is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.458 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
No person shall:
(1) Subject
a dog, farm animal or other animal to cruel mistreatment or cruel
neglect; or
(2) Kill without legal privilege any dog, farm animal or other domesticated animal. Violation of this section is punishable as a Class C misdemeanor pursuant to section
1.205 of this code.
[Section 5.460 amended by Ordinance No. 6172, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
No person shall place any poison where the poison is likely to harm any person, dog, farm animal or other animal. The violation of this section is punishable as a Class C misdemeanor pursuant to section
1.205 of this code.
[Section 5.462 amended by Ordinance No. 6172, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
No person shall discharge any firearm or other similar device or to throw any missile at any nongame bird with the intent to injure or kill the non-game bird. The violation of this section is punishable as a Class C misdemeanor pursuant to section
1.205 of this code.
[Section 5.464 amended by Ordinance No. 6172, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) No baby
chick, duckling, gosling or rabbit that has been dyed or otherwise
colored artificially may be sold or offered for sale, raffled, offered
or given as a prize, premium or advertising device; or displayed in
any store, shop, carnival, or other public place.
(2) Baby
chicks, ducklings, goslings, and rabbits younger than four weeks of
age may not be sold or offered for sale, raffled, or offered or given
as a prize, premium, or advertising device, in quantities of less
than 12 to a person.
(3) Stores,
shops, vendors, and others offering baby chicks, ducklings, goslings
or rabbits for sale, raffle, as a prize, premium, or for advertising
purposes, or displaying these fowl or rabbits to the public, shall
provide and operate brooders or other heating devices that may be
necessary to maintain these fowl or rabbits in good health, and shall
keep adequate food and water available to these fowl and rabbits at
all times.
(4) The offenses specified in subsections
(1),
(2) and
(3) of this section are punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.466 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) Any
animal control officer or any peace officer may enter onto private
property, including any building or dwelling, at all reasonable times
with permission of the property owner or occupant, in the course of
the officer’s duties in enforcing the provisions of this code.
(2) When
permission is not given by the property owner or occupant to enter
onto private property, the animal control officer or peace officer
may obtain a warrant based on probable cause that a violation of this
code exists, except that a warrant is not needed in cases of emergency
or exigent circumstance.
[Section 5.468 amended by Ordinance No. 6421, enacted October 19, 2020]
Failure to surrender a dog to a person identifiable as an animal control officer or a peace officer upon a lawful demand for the purpose of impoundment as provided for in sections
5.442 and
5.448 is a violation of this code. The above offense is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.470 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) If a
person intentionally resists someone known by him or her to be an
animal control officer or a peace officer implementing this code,
that person is in violation of this code.
(2) “Resists”
as used in this chapter means the use or threatened use of violence,
physical force or any other means that creates a substantial risk
of physical injury to any person.
[Section 5.472 amended by Ordinance No. 6421, enacted October 19, 2020]
The initiation of a false report or providing an unsworn falsification
to an animal control officer.
(1) A person
commits the offense of initiating a false report to an animal services
officer if a person contacts animal services agency in person, by
telephone, in writing, by facsimile or other means and reports a violation
of this animal services code that the reporting person knows to be
false; or
(2) A person
commits the offense of unsworn falsification to an animal services
officer if they knowingly or with reckless disregard make a false
statement of material fact or law, or willfully misleads, misinforms,
threatens, or deceives an animal services officer concerning any material
and relevant matter relating to a citation, case, call for service
or incident.
The offenses specified in subsections
(1) and
(2) of this section are punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.473 added by Ordinance No. 6287, enacted March 4, 2013; further
amended by Ordinance No. 6421, enacted October
19, 2020]
(1) Any peace officer or animal control officer appointed by the city is hereby empowered to enforce the provisions of sections
5.400 to
5.476.
(2) In addition to any other authority provided to any animal control officer or any peace officer pursuant to sections
5.400 to
5.476, any animal control officer or any peace officer may impound:
(b) Any animal for which the keeper is issued a citation for violating any provision of sections
5.400 to
5.476.
(3) The city attorney’s office and the city prosecutor’s office shall enforce sections
5.400 to
5.476 in accordance with section
1.205 of this code and are also authorized to seek and obtain injunctions to halt conduct in violation of sections
5.400 to
5.476.
[Section 5.474 amended by Ordinance No. 6421, enacted October 19, 2020]
(1) No person
shall keep any wildlife that is located within the city limits.
(2) No person
shall keep any exotic animal which is located within the city limits.
(3) The provisions of subsections
(1) and
(2) shall not apply to wildlife and exotic animals in a humane environment under trained supervision for which a permit has been issued for a carnival, circus, or special event.
(4) The provisions of subsections
(1) and
(2) shall not apply to wildlife and exotic animals in a humane environment located in facilities of School District #19 or private businesses for the sale of pets which comply with all applicable federal, state, and local regulations regarding the possession, sale, housing, and inoculations for such wildlife and exotic animals.
(5) The offenses specified in subsections
(1),
(2),
(3) and
(4) of this section are punishable as a violation and may include a fine not exceeding $720.00 pursuant to section
1.205 of this code.
[Section 5.476 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]