Article I City Provisions
[Ord. No. 2010-08 §1, 7-13-2010]
The purpose of this Chapter is to promote harmonious relationships in the interaction between man and animal by:
Protecting animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards;
Delineating the animal owner's or harborer's responsibility for the acts and behavior of his/her animal at all times;
Providing security to residents from annoyance, intimidation, injury and health hazards by animals;
Encouraging responsible pet ownership; and
Providing standards for any and all persons and agencies, public or private, engaged in confinement, buying, selling, harboring or dealing in animals in any manner whatsoever.
[Ord. No. 2010-08 §2, 7-13-2010]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section.
- Means, but is not limited to, any instance where the owner or keeper leaves an animal without demonstrated or apparent intent to recover or to resume custody; or leaves an animal for more than twelve (12) hours without providing for adequate food, water and shelter for the duration of the absence; or turns out or releases an animal; or dumps or releases an animal from a vehicle.
- ADEQUATE CARE
- Normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal.
- ADEQUATE FOOD
- Wholesome foodstuffs suitable for the species provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in an animal considering its age and condition.
- ADEQUATE SHELTER
- A structurally sound, properly ventilated, sanitary and weather-proof shelter suitable for the species, condition and age of the animal which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions. The condition of the shelter should be such as to not exacerbate existing weather conditions, e.g., a metal doghouse in the hot sun.
- ANIMAL CONTROL OFFICER
- The Animal Control Officer duly appointed by the Mayor to perform the duties of the Animal Control Officer as set forth in this Chapter, and staff assigned to work under the direct control of the Animal Control Officer who may act through staff to perform any duty under this Chapter unless otherwise specifically stated.
- AT LARGE
- As applied to animals shall mean that any animal shall be deemed to be at large when it is off the premises of its owner's real property and not restrained by a competent person.
- All domestic species or varieties of the genus felis, male or female, above the age of four (4) months.
- A certificate issued under the County Rabies Control Code at the time of the vaccination of a dog, bearing thereon the signature of the vaccinator, the registration number, the name, color, breed and sex of the dog, the name and address of the owner, the date of the vaccination and the type of vaccine administered.
- CHICKEN EMBRYO ORIGIN VACCINE
- A vaccine which is manufactured using the embryo of the chicken as a growth medium, also know as Flury Strain vaccine.
- COMPETENT PERSON
- A human being who is capable of controlling and governing the dog in question and to whose commands the dog is obedient.
- To reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property.
- The City of Appleton City Municipal Court.
- DANGEROUS ANIMAL
- An animal declared dangerous in accordance with the provisions of this Chapter.
- All domesticated members of the canis familiarize, male or female, four (4) months of age or older.
- To put to death in a humane manner.
- EXPOSED TO RABIES
- When bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.
- GUARD DOG
- A dog not owned by a governmental unit, which dog is used to guard public or private property.
- HEALTH DEPARTMENT, COMMISSIONER OR HEALTH COMMISSIONER
- The Department of Public Health of the County, the Commissioner of Public Health of the County or any person or agent employed by the County Health Commissioner to enforce the County Rabies Control Code.
- Those members of a family, including servants and attendants, living in the same dwelling unit.
- The apprehending, catching, trapping, netting, tranquilizing, confining, or, if necessary, the destruction of any animal by the Chief of Police or his/her agent.
- IMPOUNDING FACILITIES
- Any premises designated by resolution of the Board of Aldermen for the purpose of impounding and caring for all animals in violation of this Chapter.
- Any place or tract of land whether indoors or outdoors, whether enclosed or not, in, at or upon which, whether for pleasure or profit, dogs are kept, housed, bred, raised, fed, displayed, exhibited or sold. The owner of six (6) or more dogs, whether owned for pleasure or profit, breeding or exhibiting, shall be deemed to be the operator of a dog kennel.
- Domestic species or varieties of the genus felis, male or female, under the age of four (4) months.
- NERVE TISSUE ORIGIN VACCINE
- Vaccine which is manufactured using tissue of the nervous system as a growth medium.
- In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.
- PUP OR PUPPY
- All domesticated members of the canis familiarize, male or female, under four (4) months of age.
- As applied to dogs shall mean that a dog, off the premises of its owner's real property, is under restraint when:
- 1. It is controlled by a line or leash not more than six (6) feet in length, and such line or leash is held by a competent person.
- 2. At "heel" of a competent person.
- 3. Within a vehicle being driven, parked or stopped.
- 4. Not more than fifty (50) feet from a competent person, if such dog is not annoying or worrying any human being or domestic animal, trespassing on private property or in a public area where dogs or cats are forbidden.
- UNFIT OWNER
- Any person by past violations and convictions that has been convicted of animal abuse or severe neglect, or has more than three (3) other animal violations, within a five (5) year period.
- The injection by a veterinarian or his/her authorized agent of a specified dose of antirabies vaccine into the body of a dog or cat. Such vaccine shall have the U.S. Government license number approval stamped on the label of the vaccine. Vaccine used for vaccination of dogs or cats shall be stored or kept under conditions proper for the vaccine and shall show no signs of spoilage or otherwise be unfit for producing immunity against rabies.
- The procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate under the County Rabies Control Code. The above words shall be interchangeable.
- Any veterinarian holding a current State license and operating on a participating basis with the Health Department as required by the County Rabies Control Code.
[Ord. No. 2010-08 §3, 7-13-2010]
There is created the designation of Animal Control Officer to be established within the organization of the Police Department. It shall be the duty of the Animal Control Officer to administer and enforce the provisions of this Chapter directly, or through staff assigned to be supervised by the Animal Control Officer, or through the Police Department. The Animal Control Officer, upon receipt of dispatch from St. Clair County, the Appleton City Police Department, or City Hall:
May enter upon private premises with permission to apprehend a stray animal, a vicious animal, a wild creature or an animal suspected of being infected with rabies.
May enter upon private premises with permission to investigate complaints of irresponsibility or inhumane animal care; and impound or dispose of any vicious animal of any kind when necessary for the protection of any person or animal.
Duties also include, but are not limited to:
Respond to calls to investigate complaints of unlicensed, vicious, diseased, injured, stray or running at large animals;
Investigate complaints or disputes concerning dogs barking, trespassing or otherwise creating a nuisance;
Pick up and impound animals running at large or unwanted animals or animals which are reported rabid or to have bitten someone;
Issue warnings and citations to animal owners, keepers, or harborers that are in violation of this Chapter.
[Ord. No. 2010-08 §4, 7-13-2010]
The Animal Control Officer shall keep a record in which he/she shall enter all his/her official transactions. Such record shall be open to the inspection of any person as authorized or limited by the State Statutes, particularly Chapter 610, RSMo., and such other enactments as may be or become applicable.
[Ord. No. 2010-08 §5, 7-13-2010]
In the interest of the public health, safety and the general welfare and to regulate or prohibit the keeping or running at large of any animal, any person keeping or harboring any animal in this City by so doing does thereby authorize the Animal Control Officer to enter without warrant upon private property he/she owns or controls where such animal is to be found, in plain sight, other than within any residence structure, for the purpose of enforcement of this Chapter and to seize such animal from such private property to abate ordinance violation.
By the authority of this Section, any animal that is deemed by the Animal Control Officer to be cruelly mistreated in violation of this Chapter, or suffering, may be seized from the property of its owner or keeper to abate the mistreatment of the suffering of that animal, and it may be confined at the animal shelter for disposition under the terms of this Chapter.
Any animal that has possibly exposed a person to rabies, through a bite wound or other tissue invasion, and that is found on the property of the owner or keeper may be removed from that property by an Animal Control Officer if such owner or keeper is not available, willing and able to surrender the animal for the observation period.
[Ord. No. 2010-08 §6, 7-13-2010]
It shall be the duty of the Police Department to enforce the provisions of this Chapter, and to assist the Animal Control Officer in enforcing the provisions of this Chapter.
[Ord. No. 2010-08 §7, 7-13-2010]
All pens, yards or runs or other structures wherein any animal is kept shall be of such construction so as to be easily cleaned and kept in good repair.
[Ord. No. 2010-08 §8, 7-13-2010]
Fences which are intended as enclosures for any animal shall be securely constructed, shall be adequate for the purpose, kept in good repair and shall not be allowed to become unsightly. Barbed wire and electric fences are prohibited in residential areas and within twenty-five (25) feet of a residential lot line.
[Ord. No. 2010-08 §9, 7-13-2010]
No kennel shall be located closer than one hundred (100) feet to the boundary of the nearest adjacent residential lot.
[Ord. No. 2010-08 §10, 7-13-2010]
It is unlawful for any person to erect, place, maintain or continue any pen, coop, yard or other building upon any lot or ground in the City for the purpose of confining or housing any domestic animal or bird unless the same is a least twenty-five (25) feet distant from any neighboring dwelling, house, apartment, hotel, restaurant, food or drinking establishment or rooming house, school, church, or any building wherein people are employed and unless the floor of such building or coop is constructed of such material and in such a manner that it can be kept clean and sanitary at all times.
[Ord. No. 2010-08 §11, 7-13-2010]
The keeping of an unlimited number of dogs and cats in the City for a considerable period of time detracts from and, in many instances, is detrimental to the health and comfortable life for which such areas were created. The keeping of an unlimited number of dogs and cats is, therefore, declared to be unlawful.
[Ord. No. 2010-08 §12, 7-13-2010]
It is unlawful for any person or persons to keep more than six (6) animals within the City. The distribution of these animals may consist of no more than four (4) animals of the same kind, four (4) dogs and two (2) cats, four (4) cats and two (2) dogs, three (3) dogs and three (3) cats with the exception that a litter of pups or a litter of kittens or a portion of a litter may be kept for a period of time not exceeding eight (8) weeks from birth.
The provisions of this Section shall not apply to any establishment wherein dogs or cats are kept for breeding, sale, sporting purposes or boarding.
[Ord. No. 2010-08 §13, 7-13-2010]
It shall be the duty of each dog owner to keep such dog timely vaccinated with a vaccine for rabies approved by the National Association of Public Health Veterinarians by a veterinarian commencing January 1, 2000. Failure to inoculate and keep vaccinated a dog shall be a violation hereof.
It shall be the duty of each cat owner to have such cat timely vaccinated with a vaccine for rabies approved by the National Association of Public Health Veterinarians by a veterinarian commencing January 1, 2000. Failure to inoculate and keep vaccinated a cat shall be a violation hereof.
Dogs or cats under six (6) months of age are not required to be vaccinated.
Any dog or cat, for which a veterinarian licensed by the State issues a certificate to the effect that the proposed inoculation will be harmful, shall be exempt from the inoculation prescribed by this Section.
[Ord. No. 2010-08 §14, 7-13-2010]
The Mayor or his/her designate shall negotiate with local veterinarians, licensed in the State, for the provision of an appropriate certificate and tag for each dog and cat vaccinated. The certificate shall include the name and address of the owner of the dog or cat, date of vaccination, tag number, breed, color, age, and sex of dog or cat and such other information as may be required. The dog or cat tags shall be numbered and contain the year of issuance. Cats kept outside may wear tear away collars for their safety.
[Ord. No. 2010-08 §15, 7-13-2010]
It shall be the duty of each veterinarian, after inoculating a dog or cat, to insert in a duplicate certificate the information required thereby and to present one (1) copy to the owner of the dog or cat, and retain the remaining copy, as well as provide upon request a copy to the Police Department. The veterinarian shall also deliver the corresponding tag to the owner of the dog or cat and the owner shall immediately attach the same to the collar or harness of the dog or cat which shall be worn by the dog or cat at all times. Failure of an owner or keeper of a dog or cat to tag and keep tagged a dog or cat shall be a violation hereof.
[Ord. No. 2010-08 §16, 7-13-2010]
In addition to the penalties hereinafter provided any Police Officer, the Animal Control Officer after receipt of a dispatch call of the City or any person designated by the Chief of Police shall impound any such dog or cat which does not carry the tags. The owner may obtain possession of any dog or cat so impounded or seized by paying an impounding fee in accordance with schedule set forth in Section 205.280 and paying the reasonable cost of keeping such dog or cat during the time that it is impounded, provided however, that the dog or cat shall not be released until proof has been furnished to the Police Officer or his/her designated representative that the dog or cat has been inoculated with antirabic vaccine in accordance with the terms of this Chapter. Such animal may be released temporarily to a licensed veterinarian, or an employee of a licensed veterinarian, for the purpose of inoculation with antirabic vaccine or for other treatment. After such dog or cat has been impounded for a period of one (1) week without having been reclaimed by its owner or anyone in behalf of the owner, the dog or cat may be destroyed under the direction of the Humane Society or licensed veterinarian. Notice of impounding shall be given by the person or officer in the possession of the dog or cat within twenty-four (24) hours of impounding to the owner of the dog or cat if known. An animal of which there is no known owner shall be impounded for a period of five (5) days with one (1) of these days being a Saturday before the dog or cat shall be destroyed under the direction of the Humane Society or licensed veterinarian.
[Ord. No. 2010-08 §17, 7-13-2010; Ord. No. 2011-07, 5-10-2011]
All dogs must be licensed annually with the City. License cost is five dollars ($5.00) per animal. Licenses shall be obtained within thirty (30) days of the residence within City limits. Licenses shall be due on January first (1st) and paid by January thirty-first (31st) of each year. Licenses issued after that date shall include a ten percent (10%) penalty per month per pet, except for new residents. No license may be issued to any pet without proof of rabies inoculation.
[Ord. No. 2010-08 §18, 7-13-2010]
It is unlawful for any person knowingly to keep or harbor any dog which continuously barks, howls or yelps, or any cat which continuously cries or howls to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance.
The term "continuous" shall mean at least one (1) disturbance every fifteen (15) minutes for a minimum of two (2) hours.
[Ord. No. 2010-08 §19, 7-13-2010]
Whenever any person shall complain to the Police Department that a dog, which habitually barks, howls or yelps, or a cat, which habitually cries or howls, is being kept by any person in the City, the Police Department or Animal Control Officer after being dispatched by the Police Department shall notify the owner of the dog or cat that a complaint has been received and that the person should take whatever steps necessary to alleviate the howling, yelping, or crying.
If the warning given to the person alleged to be keeping a dog or cat as set forth in Subsection (A) of this Section is ineffective, then a verified complaint of at least two (2) citizens, not from the same family, may be presented to the Police Department alleging that a vicious dog or a dog which habitually barks, howls or yelps, or a cat which habitually cries or howls is being kept by a person within the City. The Police Department shall inform the owner of such dog or cat that the petition has been received and shall, if necessary, cite the owner of the dog or cat for the violation alleged in the petition.
[Ord. No. 2010-08 §20, 7-13-2010]
No dogs shall run at large in the City of Appleton City. Any person or persons owning, possessing, harboring, or having the management or care, in whole or in part, of any dog shall be held liable for such dog running at large. For the purposes of this Chapter, every dog when on any street, alley or any other public place in the City of Appleton City which when not attached to a leash, the other end of which is securely held, or when on private property within said City, which is either not attached to a leash, the other end of which is securely held, or which is not so confined as to prevent its straying from the premises shall be deemed running at large.
If any dangerous, or vicious animal believed to be involved in an incident under this Section cannot be safely taken up or impounded, such animal may be slain by any Police Officer or Animal Control Officer if such is the officer's belief. In all cases where the animal has bitten a person or caused an abrasion of the skin is slain by any Police Officer or Animal Control Officer, whether by order of court or otherwise, and a period of less than fifteen (15) days has elapsed since the day upon which such animal bit any person or caused an abrasion of the skin of any person, it shall be the duty of any person slaying such animal to deliver or cause to be delivered all the remains of such animal to the Animal Control Officer who is hereby empowered to order whatever laboratory examination of the animal or the animal's tissues is required by prudent medical practice, and no liability for damages shall arise from any injury to or the death of the animal occasioned by such laboratory examination.
No dog, except human assistance animals, shall be permitted in any cemetery.
A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
A person is guilty of animal abuse when a person:
Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
Note — Under certain circumstances this offense can be a felony under state law.
[Ord. No. 2010-08 §24, 7-13-2010]
Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by the Animal Control Officer, such is a violation of this Section. The Animal Control Officer is hereby authorized, with assistance from the Police, which is hereby authorized, to enter such vehicle and rescue such animal and thereafter impound it in accordance with Section 205.280 of this Chapter. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this Section and impounded in accordance with Section 205.280 of this Chapter at the animal shelter.
[Ord. No. 2010-08 §25, 7-13-2010]
Classifications. Any animal with the following characteristics shall be classified as dangerous by the Police Chief.
Any animal which has inflicted a severe or fatal injury on a human being on public or private property. "Severe injury" means any physical injury resulting directly from an animal's bite, which results in broken bones or lacerations requiring stitches, or hospitalization. The victim receiving severe injuries as defined above must provide the Police Chief with a signed physician's statement documenting the injury and the treatment qualifying such as a severe injury, or sign an authorization for the release of such statement.
Any animal which has bitten a human being, without provocation, on public or private property other than the property of the owner.
Any animal which, while on the owner's property, has bitten, without provocation, a human being other than the owner or a member of the owner's family who normally resides at the place where the animal is kept.
Any animal which, while off the owner's property, has killed a domestic animal, livestock, or poultry without provocation.
Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public grounds, or private property other than that property of the owner in a menacing fashion or apparent attitude of attack, regardless of whether or not a person is injured by said animal.
Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals.
Any dog which, because of its size, physical nature or vicious propensity, is capable of inflicting serious physical harm or death to humans or other domestic animals and which would constitute a danger to human life, other domestic animals or property if it were not kept in the manner required by this Chapter.
If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Section 205.240 are in dispute, then the owner has the option of submitting within five (5) working days a written request to the Mayor for a hearing and possible appeal.
A Hearing Board, consisting of the Mayor, Police Chief, and Fire Chief or their delegates shall be convened within ten (10) working days after receipt of a bona fide written request.
Pending the outcome of such a hearing, the animal must be confined in such a manner so as not to be a threat to any person. The confinement may be on the owner's premises or with a licensed veterinarian.
The Hearing Board shall determine whether to declare the animal to be a "dangerous animal" based upon evidence and testimony presented at the time of the hearing by the owner, in addition to the witnesses, animal control personnel, Police or any other person possessing information pertinent to such determination.
The Hearing Board shall issue written findings within five (5) days after the hearing. The owner or possessor of the animal found to be dangerous shall be required to maintain the animal as herein provided in this Code.
Exemption To Dangerous Animal Classification.
With the exception of Section 205.240, no animal may be declared dangerous if the threat, injury or damage sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal or was committing or attempting to commit a crime.
With the exception of Section 205.240, the Police Chief may, because of extenuating circumstances, determine from the investigation of an incident that an animal is not dangerous. However, the owner, being responsible for said animal, shall be warned of the animal's tendencies and shall take appropriate action to prevent subsequent incidences. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
Animals owned by the governmental or Law Enforcement Agencies when being used in the services of those agencies are exempt.
[Ord. No. 2010-08 §26, 7-13-2010]
Standards for keeping dangerous dogs that are presently residing within the City limits as of the date of adoption of this Chapter:
Dangerous or vicious dogs must be registered with the City Clerk or City Collector by the owners.
No person shall permit a vicious dog to go outside its enclosure or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its enclosure or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all vicious dogs on a leash outside the animal's enclosure or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or enclosure, except when leashed and muzzled as provided above. Such pen, enclosure, or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house vicious dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
No vicious dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
All owners, keepers, or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign which shall be at least two (2) feet by three (3) feet on which uppercase letters shall be at least two (2) inches high and lowercase letters shall be a least one (1) inch high using the words either "Dangerous Dog" or "Vicious Dog", so as to warn the public of the nature of the dog therein confined.
All owners, keepers, or harborers of vicious dogs must provide proof to the Animal Control Officer of public liability insurance in a single incident amount of one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or for damage to property owned by any person which may result from the ownership, keeping or harboring of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the Animal Control Officer. An effective insurance policy with the coverage and in the amounts specified herein must be maintained by the owner, keeper, or harborer at all times.
All owners, keepers, or harborers of vicious dogs registered with the City must provide to the Animal Control Officer two (2) color photographs two (2) different poses of the animal clearly showing the color and approximate size of the animal.
All owners, keepers, or harborers of vicious dogs shall within ten (10) days of any of the following incidents report the information in writing to the Animal Control Officer:
It shall be unlawful for the owner, keeper, or harborer of a vicious dog registered with the City to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be the subject of a violation of this Section shall be subject to immediate seizure and impoundment.
Any person violating or permitting the violation of any provision of this Section shall, upon conviction in Municipal Court, be fined a sum not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).
In addition to the fine imposed, the court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days. In addition, the court shall order any license of the vicious dog to be revoked and the dog removed from the City. If the defendant refuses to remove the dog from the City, the Municipal Court Judge may find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that violation of this Section continues shall be deemed a separate offense. In addition, any person who violates this Section shall pay all expenses, including shelter, food, handling, veterinary care, and testimony, necessitated by the enforcement of this Section.
[Ord. No. 2010-08 §27, 7-13-2010]
Other than when a commissioned officer is using a dog for law enforcement, no person shall own, keep, harbor, or allow to be upon any premises occupied by him/her or under his/her charge or control any dog of a dangerous or vicious disposition as defined in Section 205.240.
It shall be unlawful for any person owning, keeping, or harboring any dog to permit, suffer, or allow the dog to run at large, as defined in Section 205.200, within the City. If the dog causes injury to a human by biting or scratching while running at large, the owner, keeper or harborer shall upon conviction be punished pursuant to this Section and Section 100.220 of this Code.
Any dog which is in the custody of the Animal Control Officer, and which after a minimum of two (2) days impoundment the Animal Control Officer believes the dog would constitute a menace to the health, safety, or welfare of the public if released from such custody, the dog may be disposed of in a humane manner by the Animal Control Officer.
Any violation of this Section shall be punishable pursuant to Section 100.220 of this Code, except that the minimum fine for violation of any provision of this Section shall be two hundred dollars ($200.00). Upon conviction of failure to comply with any provision of this Section, in addition to the usual judgment on conviction, if it shall appear to the Municipal Judge that such dog is still living, he/she may order that such dog be disposed of in a humane manner and direct the Animal Control Officer to enforce that order, and the Police Department shall assist as may be required by the Animal Control Officer.
[Ord. No. 2010-08 §28, 7-13-2010]
No person shall own, keep or harbor any dog or other animal that is not securely confined, which by attempting to bite, jump upon, charge toward or otherwise threaten any other person shall cause such other person to have a reasonable fear of immediate serious physical injury. Any person cited pursuant to this Subsection may state as a defense subject to proof that the threatening behavior of the animal was instigated or provoked by the complainant or that the fear expressed by the complainant was not a reasonable fear of immediate serious physical injury, and the court shall give any such defense such weight as the court in its judicial discretion finds to be appropriate in the circumstances of the case. Complaints under this Subsection may only be lodged by an Animal Control Officer.
It shall be a violation to maintain any animal within the City as a public nuisance as such is defined by the common law of the State, the Statutes of the State or the ordinances of this City.
No person shall own, keep or harbor any dog or other animal in such manner as to hinder, obstruct or interfere with access to an outside utility meter, utility pole, or mailbox by any authorized employee of the utility or postal service. Any dog or other animal or so owned, kept or harbored as to hinder, obstruct or interfere with access to an outside utility meter, utility pole, or mailbox may be removed by the Animal Control Officer and taken to the animal shelter, where it will be treated as an impounded animal under this Chapter.
It shall be the primary responsibility of the Animal Control Officer to provide services as enumerated in Subsections (A) through (C) of this Section; however, in cases of immediate danger of physical injury or death to any person, the division may call upon police personnel to assist in the handling of situations arising under this Section.
[Ord. No. 2010-08 §29, 7-13-2010]
Situations Requiring Impoundment. The Health Commissioner or other persons designated by him/her or such other persons who be designated by the Board of Aldermen shall have the power to catch, confine and impound dogs and cats and other animals under the following circumstances.
All female dogs and cats not securely confined in an enclosed place, while in heat.
All dogs and cats and puppies which are at large.
All dogs and cats or other animals infected or suspected of being infected with rabies and all dogs and cats and other animals exposed to or suspected of having been exposed to or infected with rabies, including dogs and cats or other animals known to have been bitten by a rabid animal, whether the dog or cat or other animal to be impounded is running at large or on a leash or confined to its owner's premises.
All unconfined or unleashed animals or dogs and cats with vicious propensities.
Dogs and cats not vaccinated for rabies within the previous twelve (12) months with nerve tissue vaccine, nor within the preceding thirty-six (36) months with chicken embryo or Flury Strain vaccine, nor, if another vaccine approved by the Health Commissioner was used, within the preceding time period, approved by the Health Commissioner, as the duration of effective protection against rabies which that vaccine gives.
Unconfined dogs and cats in quarantine areas.
Dogs and cats or other animals which have bitten a person or animal, dogs and cats which have been bitten by a dog or cat or animal suspected of having rabies, dogs and cats which are suspected of having rabies, or dogs and cats which have been exposed to rabies.
No dog or cat shall be exempted from the provisions of this Section by virtue of vaccination, tags or a vaccination registration certificate.
Whenever any Police Officer or other person designated by the Chief of Police shall find any dog or cat running at large as defined in Section 205.200, he/she shall, if possible, pick up and impound such animal in such place as the Chief of Police may direct.
After the impoundment of any animal where a general ordinance summons has not been issued to the owner or keeper, the Animal Control Officer shall promptly notify the owner of such animal of its impoundment if the owner can be determined and located by reasonable investigation; however, no liability shall attach to the City or to the Animal Control Officer or his/her staff for failure to give such notice. The owner of an impounded animal who does not redeem his/her animal may still be proceeded against for violation of any applicable Section of this Chapter or any other applicable ordinance. Whenever any impounded dog or cat shall bear an identification mark such as a collar or license tag, the owner shall be notified forthwith. If it is the owner's first (1st) violation, the Animal Control Officer may return the animal to the owner. There shall be no required holding period before returning any impounded dog or cat to the owner, unless such dog or cat is suspected of having rabies, in which case the impounded dog or cat shall be held for a period of ten (10) days. At the end of ten (10) days the impounded dog or cat shall be disposed of unless the owner thereof shall reclaim such dog or cat and pay to the City Collector the reasonable cost of keeping such dog or cat and an impounding fee of ten dollars ($10.00) for the first (1st) impounding and of twenty-five dollars ($25.00) and thirty-five dollars ($35.00) for the second (2nd) and third (3rd) impounding respectively in one (1) year and fifty dollars ($50.00) for each offense thereafter. The destruction of any impounded dogs or cats by a Police Officer or any person designated by the Chief of Police under the provisions of this Chapter shall be by means of a manner prescribed by the Humane Society.
[Ord. No. 2010-08 §30, 7-13-2010]
It shall be unlawful for any person to remove from the custody of the Animal Control Officer by force, deceit, or otherwise any animal which has been legally impounded by said officer prior to obtaining the permission of the Animal Control Officer to remove such animal.
[Ord. No. 2010-08 §31, 7-13-2010]
No person shall hinder, molest, or interfere with the Animal Control Officer in the performance of his/her duties.
A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
Whenever rabies becomes prevalent in the City, the Mayor shall, according to the necessity of the case, issue a quarantine order, requiring every owner or person in charge of any dog or dogs within the limits of the City, to either kill or impound his/her dog or dogs, or to have such dog or dogs immunized. Said order shall be published once in the paper officially publishing the business of the City; and in the absence of such paper, shall be posted as in case of sales of personal property. The Mayor is authorized by proclamation to terminate any such quarantine whenever, in his/her judgment, the necessity for it no longer exists.
No person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, non-human primate, coyote, any deadly, dangerous or poisonous reptile, or any deadly or dangerous reptile over eight (8) feet long in any place other than a properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital, or animal refuge.
The parent or guardian of a minor child is responsible for the adequate care of any animal owned by, in the control of, or harbored by that minor child.
[Ord. No. 2013-14, 11-12-2013]
For the purposes of this section, "livestock" means horses, mules, sheep, goats, cattle, swine and other domesticated animals, but excluding dogs, cats and small animals.
It shall be unlawful for any person to keep or maintain livestock in a building used for residential purposes.
No livestock shall be kept or maintained within twenty-five (25) feet of the nearest portion of any building occupied by or in any way used by human beings other than that dwelling occupied by any owner or keeper of such animals.
It is unlawful for any person to keep or maintain livestock in the City limits, without providing one and one-half (1 1/2) acres for each such head of livestock.
Every stable, pen or other structure wherein any livestock are kept shall be maintained in a clean and sanitary condition at all times, devoid of all rodents, refuse and vermin, and free from offensive odors.
Any violation of this section shall be an ordinance violation.