[Ord. No. 459,
passed 4-8-1991]
This chapter shall be described as the "Animal Control Chapter"
of the City, and it shall be deemed sufficient in any proceeding to
refer to the same by number and by such short title.
[Ord. No. 459,
passed 4-8-1991]
Every person in possession of any animal, who knowingly allows
the animal to remain about his or her premises for a period of five
days, shall be deemed to be the owner of the animal for the purposes
of this chapter.
[Ord. No. 459,
passed 4-8-1991; Ord. No. 702, passed 1-23-2006; Ord. No. 727, passed 2-23-2009]
(a)
Every owner, possessor or person having the charge or custody of
an animal shall provide for the animal's adequate care.
(b)
No owner, possessor, or person having the charge or custody of an
animal shall not do any of the following:
(1)
Fail to provide an animal with adequate care.
(2)
Cruelly drive, work, beat or kick an animal, or cause an animal
to be cruelly driven, worked, beaten or kicked.
(3)
Carry or cause to be carried in or upon a vehicle or otherwise
any live animal having the feet or legs tied together, other than
an animal being transported for medical care, or a horse whose feet
are hobbled to protect the horse during transports or in any other
cruel and inhumane manner.
(4)
Carry or cause to be carried a live animal in or upon a vehicle
or otherwise without providing a secure space, rack, car, crate, or
cage, in which livestock may stand, and in which all other animals
may stand, turn around, and lie down during transportation, or while
awaiting slaughter.
(5)
Abandon an animal or cause an animal to be abandoned, in any
place, without making provisions for the animal's adequate care,
unless premises are vacated for the protection of human life or the
prevention of injury to a human. An animal that is lost by an owner
or custodian while traveling, walking, hiking, or hunting is not abandoned
under this section when the owner or custodian has made a reasonable
effort to locate the animal.
(6)
Allow any animal, including one who is aged, diseased, maimed,
hopelessly sick, disabled, or nonambulatory to suffer unnecessary
neglect, torture, or pain.
(c)
No person shall trap any animal, or set any trap, at any time, upon
any property owned by the City. This prohibition shall not apply to
a law enforcement officer, acting to enforce the law or to control
or dispose of a dangerous or injured animal or a licensed exterminator
acting at the direction of City employees.
(d)
As used in this section:
(1)
ADEQUATE CARE — Includes the provision of sufficient food,
water, shelter, sanitary conditions, exercise, and veterinary medical
attention in order to maintain an animal in a state of good health.
(2)
NEGLECT — Means to fail to sufficiently and properly care
for an animal to the extent that the animal's health is jeopardized.
(3)
SANITARY CONDITIONS — Means space free from health hazards
including excessive animal waste, overcrowding of animals, or other
conditions that may endanger the animal's health. This definition
does not include any condition resulting from a customary and reasonable
practice pursuant to farming or animal husbandry.
(4)
SHELTER — Means adequate protection from the elements
and weather conditions suitable for the age, species, and physical
condition of the animal so as to maintain the animal in a state of
good health. Shelter, for livestock, includes structures or natural
features such as trees or topography. Shelter, for a dog, including
one or more of the following:
A.
The residence of the dog's owner or other individual.
B.
A doghouse that is an enclosed structure with a roof and of
appropriate dimensions for the breed and size of the dog. The doghouse
shall have dry bedding when the outdoor temperature is or is predicted
to drop below freezing.
C.
A structure, including a garage, barn, or shed, that is sufficiently
insulated and ventilated to protect the dog from exposure to extreme
temperatures or, if not sufficiently insulated and ventilated, contains
a doghouse as provided under division (d)(4)B. of this section that
is accessible to the dog.
(5)
STATE OF GOOD HEALTH — Means freedom from disease and
illness and in a condition of proper body weight and temperature for
the age and species of the animal, unless the animal is undergoing
appropriate treatment.
(6)
TETHERING — Means the restraint and confinement of a dog
by use of a chain, rope, or similar device.
[Ord. No. 459,
passed 4-8-1991]
No person shall keep any horses, cows, hogs, sheep, rabbits,
poultry, goats or other farm animals, nor any wild animals, without
first obtaining a permit from the Building Commissioner. The Building
Commissioner shall cause an inspection to be made of the premises
to ascertain that suitable barns, stables, pens or enclosures are
orderly. Persons to whom permits are issued shall be responsible for
keeping the buildings or enclosures clean. No persons shall at any
time maintain the barns, stables, pens or enclosures nor any horses,
cows, hogs, sheep, rabbits, poultry, goats or any farm animals, nor
any wild animals, in such a condition as to cause the same to create
offensive odors or to be dangerous to the public health. No farm or
wild animals shall be permitted to stray beyond the premises of the
owner of the animals. "Wild animal" means any animal, whether tame
or not, that is not a farm or other domesticated animal.
[Ord. No. 459,
passed 4-8-1991]
Every owner of an animal shall be liable for damages for any
and all injuries to persons or property caused by the animal, to be
determined and collected in appropriate civil proceedings, and nothing
contained in this chapter shall be construed so as to impose any liability
upon the City or its agents or employees for damages caused by the
animal.
[Ord. No. 459,
passed 4-8-1991]
No person shall own, keep or house any animal within the City
unless the person shall have complied with the laws of the State and
Branch County providing for the licensing and registration of the
animal.
[Ord. No. 459,
passed 4-8-1991]
No person shall own, keep or house any dog six months old or
older, or any other animal that requires licensing and registration,
that does not, at all times when the dog or animal is off the premises
of the owner, wear a collar or harness with a license tag issued pursuant
to the laws of the State and Branch County.
[Ord. No. 459,
passed 4-8-1991]
Any lot or premises on which three or more dogs, cats or other
household pets are either permanently or temporarily boarded for remuneration
is considered to be a commercial kennel, and shall be subject to the
rules, regulations and licensing requirements related thereto.
No owner of any female dog shall permit that female dog to go
beyond the premises of the owner when she is in heat, unless the female
dog is held properly in leash, and no owner shall allow any dog to
stray beyond his or her premises unless it is under the reasonable
control of some person. For purposes of this chapter, a dog shall
be deemed to be under "reasonable control" when the dog is on leash,
in an enclosed vehicle or container, or with the owner, or some member
of the owner's family, or some other person with the permission
of the owner, provided the dog is amenable to orders and comments
of the person in charge thereof.
[Ord. No. 459,
passed 4-8-1991]
No person shall own, possess, shelter, keep or harbor any animals
in the City under such conditions or in such a manner as to create
a nuisance by way of noise, odor, menace to health, destruction of
property, trespassing on the property of others or otherwise.
[Ord. No. 459,
passed 4-8-1991]
No person shall own, keep, house or have charge of any animal
which, by loud or frequent or habitual barking, crying, yelping or
howling, becomes a nuisance.
[Ord. No. 459,
passed 4-8-1991]
No person shall own or harbor a fierce or vicious animal.
It shall be the duty of any person owning or harboring an animal
which has been attacked or bitten by another animal showing symptoms
of rabies or known to have rabies, to immediately notify the Police
Department or the District Health Officer that he or she has the animal
in his or her possession, and he or she shall comply with all lawful
orders and requirements of the Police Department and the District
Health Officer.
[Ord. No. 459,
passed 4-8-1991]
It shall be the duty of the Coldwater Police Department to impound
any diseased or abandoned animal, or any animals other than dogs which
are running at large and which are creating a nuisance by way of noise,
odor, menace to health or otherwise. It shall also be the duty of
the Coldwater Police Department to impound any dog found running at
large in the City not under the control of the owner or keeper, contrary
to the provisions of this chapter. The Coldwater Police Department
is hereby authorized to assist or call upon the Branch County Dog
Warden or the Branch County Animal Control Officer in executing the
provisions of this chapter.
[Ord. No. 459,
passed 4-8-1991]
(a)
On a sworn Complaint to the District Court that any one of the following
facts exists:
(1)
An animal, licensed or unlicensed, has attacked or bitten a
person without provocation;
(2)
An animal, licensed or unlicensed, has destroyed the property
or habitually caused damage by trespassing on the property of a person
who is not the owner of the animal; or
(3)
An animal, licensed or unlicensed, has shown vicious habits
or has molested a person when lawfully on public property;
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then the District Court Magistrate or Judge shall issue a summons
against the owner of the animal, commanding him or her to appear before
the Court and show cause why the animal should not be destroyed or
confined. The issuance of a summons under this section shall not preclude
confinement of the animal under Section 610.16; however, upon the
issuance of a summons under this section, the alternative confinement
method provided for in Section 610.17 shall not be advisable.
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(b)
The aforesaid summons shall be made returnable not less than two,
nor more than six, days from the date thereof and shall be served
at least two days before the time of the appearance mentioned therein.
Upon the return day fixed in said summons, the Court shall proceed
to determine whether the animal has at any time committed any of the
acts set forth in paragraphs (a)(1) to (3) hereof.
If the Court so finds, the Court shall forthwith either order
the animal confined to the premises of the owner or order the Chief
of Police to cause the animal to be destroyed. The Court also shall
order payment of the cost of the proceeding against the owner, as
well as the costs of confinement of the animal if the animal has been
confined under Section 610.14. Nothing in this section shall preclude
the imposition of penalties under Section 610.99.
Any person who has in his or her possession an animal which
has contracted rabies, or which has been subjected to the same, or
which is suspected of having rabies, or which has bitten any person,
shall, upon the demand of the Police Department or of the District
Health Officer, produce and surrender up the animal to the Police
Department or District Health Officer, to be held in a licensed kennel
of a licensed veterinarian, for treatment and observation for a period
of 10 days. In lieu of the delivering up of the animal as aforesaid,
the person shall have the option of delivering the animal to an approved
kennel, there to be held for treatment and observation for the ten-day
period, and shall furnish to the Police Department written evidence
that the animal has been so delivered.
[Ord. No. 459,
passed 4-8-1991]
(a)
An alternative confinement method shall be available for an animal
that has bitten a person when the animal was confined to its owner's
premises and at the time of the occurrence had a valid license attached
to a collar around its neck and was properly immunized against rabies.
However, this section shall not be operative if the person bitten
(or his or her parent, if the person bitten was a minor) requests
in writing the standard confinement method provided in Section 610.16.
(b)
The owner of an animal wishing to take advantage of this alternative
confinement method shall keep the animal properly confined within
the house or within a fenced enclosure for the full ten-day period.
The Police Department or Health Officer shall have the right to check
to see if the animal is so confined. If the animal is not so confined,
it shall immediately be delivered up by its owner for the remainder
of the ten-day period as provided in Section 610.16.
[Ord. No. 459,
passed 4-8-1991]
No animal shall be released from the Branch County Dog Warden,
the Branch County Animal Control Officer or a licensed kennel under
the provisions of Section 610.16, unless the owner or his or her authorized
agent shall pay to the City Police Department a fee set forth in the
following schedule:
(a)
For the release of a licensed animal properly immunized against rabies,
or for the release of an animal not required to be licensed but properly
immunized against rabies, the sum of $20 shall be paid together with;
(b)
Payment of the cost of boarding the animal at the rate of $3 per
day, with a minimum charge, however, for one day.
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No animal shall be released from the impounding unless it is
properly immunized and licensed, if required. The cost of the immunization
and licensing shall be paid by the owner in addition to the fees set
forth in this section. The $20. fee so charged shall go into the General
Fund of the City, and board charges collected shall be remitted to
the person providing authorized confinement for the animal.
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All animals placed in the custody of the Branch County Dog Warden
or Branch County Animal Control Officer shall be held and/or disposed
of in accordance with State law.
[Ord. No. 459,
passed 4-8-1991]
The Chief of Police of the City is hereby authorized to require
that any animal be quarantined, or that quarantine be established
in the City for any defined period, when in his or her opinion such
measures are necessary in order to protect the health of the inhabitants
of the City.
[Ord. No. 459,
passed 4-8-1991; Ord. No. 700, passed 1-23-2006]
The Police Department of the City, the Branch County Animal
Control Officer or the Branch County Dog Warden may, upon witnessing
violations of this chapter which require impounding the animal and
where it is impractical or impossible to impound the animal, issue
to the owner of the animal a written notice of the violation. The
owner of the animal may, within 72 hours, present the notice to the
Violations Bureau in the City, and there pay the penalties which would
have been imposed had the animal been impounded, with the exception
that only the minimum charge for board of the animal shall be made.
If the owner of the animal shall fail to appear within said 72 hours,
the person issuing the notice shall forthwith file a complaint in
District Court and secure a warrant for the arrest of the owner of
the animal. All further proceedings shall be had in accordance with
the rules and regulations and practice of District Court. Payment
of any penalty in accordance with the provisions of this section shall
be deemed full satisfaction for the violation.
In the event that the violation notice is issued by the Branch
County Dog Warden, the Dog Warden shall be entitled to receive the
sum of $1.50 for each violation notice issued upon presentation of
his or her statement to the office of the City Clerk at the end of
each calendar month. The Violations Bureau shall remit all money collected
under this chapter to the office of the City Clerk for credit to the
General Fund of the City.
[Ord. No. 459,
passed 4-8-1991]
If any person shall be guilty of more than one violation of
this chapter within any calendar year, it shall be the duty of the
person witnessing any subsequent violation to file a complaint in
District Court, and the owner shall not be permitted to settle the
subsequent violation by payment of impounding fees as hereinabove
provided.
[Ord. No. 500,
passed 12-12-1994]
The Director of Police and Fire Services or his or her designated representative is hereby designated as the authorized City official to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 500,
passed 12-12-1994]
A person who violates Section 610.11 is responsible for a Municipal
civil infraction and shall be subject to the payment of a civil fine
of not less than $25, plus costs and other sanctions, for each infraction.
A second offense, within a period of 90 days, shall be subject to
a civil fine of not less than $50, plus costs and other sanctions,
for each infraction. Third and subsequent offenses, within 90 days,
shall be subject to a civil fine of one $100, plus costs and other
sanctions, for each infraction.
