A.
This chapter may be cited as the "Animal Control Ordinance."
B.
It is the intent of the governing body that this chapter protect
animals from cruelty, neglect and abuse, protect residents from annoyance
and injury, assist in providing housing for animals in a control center,
finance the functions of licensing and recovery, and establish a program
for the sterilization of animals.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vertebrate member of the animal kingdom, excluding human
beings.
The facility maintained and operated pursuant to the provisions
of this chapter.
An employee of the City, designated as such by the Director,
who has the authority of a peace officer to issue citations for violations
of this chapter and performs such other duties relating to animal
control as prescribed by the City Manager or respective department
head.
Any housing, fencing or device which a guard dog cannot go
over, under, through or around.
An actual puncture or tear of the skin inflicted by the teeth
of an animal.
Any commercial establishment or premises where 10 or more
dogs or cats, over three months of age, are boarded, kept or maintained
for any purpose whatsoever, with the exception of state-inspected
veterinary hospitals and shelters.
The Division Director of the Animal Control Division or his
duly authorized representative.
A parcel of land or portion thereof in private ownership
around the perimeter of which a wall or fence has been erected.
A place of business together with its grounds and equipment.
Any establishment, or part thereof, or premises maintained
for the purpose of offering animal cosmetological services for profit.
Any dog that is utilized to protect commercial property,
as defined above.
A person who trains dogs for socialization or dog shows or
trials or a security person capable of controlling guard dogs.
Any person involved in controlled breeding of animals which
are approved by a nationally recognized animal breeding organization,
and are eligible to be so registered. Animals under the age of three
months are not required to be registered. Handler breeders or hobby
breeders are subject to the professional animal permit requirements.
Any private, nonprofit premises operated by a person for
the purpose of bringing aid and comfort to more than four animals
but not to exceed 15 animals, which will be used for the purpose of
breeding.
Any location where a guard dog is kept when not used for
protection purposes.
To take-up and confine an animal in a humane manner.
Any commercial establishment or premises where 10 or more
dogs or cats, over three months of age, are boarded, kept or maintained
for any purpose whatsoever, with the exception of state-inspected
veterinary hospitals and shelters.
A person with a Doctor of Veterinary Medicine degree, licensed
to practice in the state.
Includes, but is not limited to, defecation, urination, disturbing
the peace, emitting noxious or offensive odors or otherwise endangering
or offending the well-being of the inhabitants of the City.
A person who owns, harbors or keeps, or knowingly permits
an animal to be harbored or kept, or has an animal in his care, or
who permits an animal to remain on or about his premises.
Any individual, household, corporation, company, society,
association, agent or employee thereof, firm, partnership, and every
officer.
Any commercial establishment or premises or part thereof
maintained for the purchase, sale, exchange or hire of animals of
any type, except that the term shall not include livestock auctions.
Any dog owned by a public agency and used in law enforcement
activities under the direction of a handler.
A parcel of land and the structure thereon.
To detain or isolate an animal suspected of having a contagious
disease.
Not confined within a building, shelter, walled or fenced
area or secured by a leash, rope, chain or other restraining device,
unless under the direct control of the owner/handler or keeper.
Any establishment owned and operated by a nonprofit humane
organization licensed to do business in the state.
Any animal found running at large beyond the boundaries of
the premises of the owners.
Protection provided against rabies by inoculation with antirabies
vaccine recognized and approved by the state.
Any animal which shall bite or in any other manner attack
or attempt to attack any person or animal, except that any animal
that bites, attacks, or attempts to attack any person or animal unlawfully
upon its owner's or keeper's premises, without provocation, shall
not be deemed a vicious animal.
Any animal not normally considered domesticated and shall
include, but is not limited to:
Class reptilia: order phidia, such as racers, boas, water snakes
and pythons; and order loricata, such as alligators, caymans and crocodiles.
The following members of the class aves: order falconiforms,
such as hawks, eagles and vultures, and subdivision ratitae, such
as ostriches, rheas, cassowaries and emus.
Class mammalia: order carnivora, family felidae, such as ocelots,
amrgays, tigers, Jaguars, leopards and cougars, except commonly accepted
domesticated cats; the family canidae, such as wolves, dingos, coyotes
and jackals, except commonly domesticated dogs; family mustelidae,
such as weasels, martins, mink, badgers; family procynnidae, such
as raccoons; family ursidae, such as bears; and order marsupialia,
such as kangaroos and common opossums; order edentata, such as sloths,
anteaters and armadillos; order proboscidea, such as elephants; order
primata, such as monkeys, chimpanzees and gorillas; order rodenta,
such as porcupines; and order ungulata, such as antelope, deer, bison
and camels.
The Director is responsible for the administration of this chapter.
Reasonable rules and regulations shall be prescribed by the Director
and approved by the City Manager to carry out the intent and purpose
of this chapter. The Director may delegate authority to his duly appointed
control officers as he deems expedient to carry out the provisions
of this chapter.
The City police, the Director and Animal Control Officers have
the authority of peace officers to issue citations for violations
of this chapter and to perform such other duties as are prescribed
by the City Manager. An Animal Control Officer shall, over the first
months of his or her employment, receive training and certification
as an animal control officer. If the officer is unsuccessful in achieving
certification within the first six months, he or she will be removed
from the position of Animal Control Officer without right of appeal.
This provision shall apply to officers hired after the adoption date
of this chapter. An Animal Control Officer shall wear a uniform, and
a badge, and a name tag identifying him as an Animal Control Officer.
The badge shall be returned to the Director upon the termination of
his employment.
Animal Control Officers, in the performance of their duties,
may enter upon private property, except a private residence, for the
purpose of apprehending animals running at large and stray animals.
