[R.O. 2011 §210.140; Ord. No. 2824 §1(5-15), 7-12-1978; Ord. No. 2011-21 §1, 7-25-2011]
The following words and phrases, when used in this Article,
mean:
For the purpose of this Article, animal shall mean dog or
cat.
Whenever used in this Article shall have reference to a dog
of either sex.
Any free-roaming cat that appears to be unowned and wild.
Rendered completely incapable of reproduction.
A person having the right of property or custody of a dog
or cat or who keeps or harbors a dog or cat or knowingly permits a
dog or cat to remain on or about any premises occupied by that person.
[R.O. 2011 §210.150; Ord. No. 2852 §1, 12-13-1978; Ord. No. 2011-22 §1, 7-25-2011]
A.
Every
person who shall by any right or title claim or possess as his/her
own dog or cat in the City, except animals confined within a commercial
kennel, shall purchase from the City Clerk an animal license. The
City Clerk shall issue a license to any person requesting the same,
upon the payment of a fee of five dollars ($5.00), and on the presentation
of a certificate of a duly licensed veterinarian that the animal has
been inoculated for rabies and the inoculation is still in effect.
The person shall give any information requested by the City Clerk
in the process of the issuance of the animal license. The animal license
shall at all times be secured upon or about the body of the animal
for which it was issued. Additionally, dog and cat owners shall ensure
that their animal carries identification at all times in the form
of a microchip, tag or other means to allow easy identification of
the owner(s).
B.
All
animal licenses shall expire on the first (1st) day of January after
the date of issuance.
[R.O. 2011 §210.155; Ord. No. 2011-23 §1, 7-25-2011]
With the exception of any animal shelter approved by the City
of Trenton for the sheltering and care of animals, no person shall
feed or harbor stray or feral cats where such feeding and harborage
causes a nuisance to residents, increased risk of disease or injury
to the cats, or uncontrolled breeding of the cats in question.
[R.O. 2011 §210.160; Ord. No. 2824 §1(5-17), 7-12-1978; Ord. No. 2018-9, 2-26-2018]
A.
It
shall be unlawful for any owner, possessor or person who keeps any
dog to permit the same to run at large.
B.
A dog
shall be found to be running at large when:
1.
Said animal is not on the premises of the owner, possessor or keeper
thereof and not controlled through use of a leash, cord or chain held
by the animal's owner, possessor or keeper or an agent, servant or
member of the immediate family thereof, or
2.
Said animal is on the premises of the owner, possessor or keeper,
but confined in such a way as to allow the animal to have access to
the public right-of-way.
[R.O. 2011 §210.165; Ord. No. 2011-24 §1, 7-25-2011]
A.
A dog
or cat shall be considered a nuisance if it:
1.
Damages, soils, defiles or defecates on public or private property
other than the owner's unless such waste is immediately removed and
properly disposed of by the owner;
2.
Causes unsanitary, dangerous or offensive conditions;
3.
Causes a disturbance by excessive barking or other noise making;
or
4.
Chases vehicles or molests, attacks or interferes with a person or
other domestic animals on public property.
B.
No
dog or cat shall be allowed to cause a nuisance. The owner of every
dog or cat shall be held responsible for every behavior of such dog
or cat under the provisions of this Chapter.
[R.O. 2011 §210.170; Ord. No. 2824 §1(5-18), 7-12-1978; Ord. No. 94-35 §1, 7-13-1994; Ord. No. 2011-25 §1, 7-25-2011]
Any dog or cat within the City, not having secured on its body a valid animal license or running at large in violation of Section 210.160, shall be subject to being collected by any Police Officer of the City or the Animal Control Officer. Such animal shall be retained for one (1) week after the date of collection for the purpose of being claimed by the owner. Any animal so detained shall be returned to the owner when the owner shall display an animal license issued for the animal and on the payment of a fee up to twenty dollars ($20.00) per day for care and food and water expended on the dog. Any animal unclaimed after the one (1) week may be destroyed in a humane manner or may be sold to be used for any humane purpose; provided that at all times the animal is confined, such animal shall have adequate and proper care, food and water.
[R.O. 2011 §210.180; Ord. No. 2824 §1(5-19), 7-12-1978; Ord. No. 2011-26 §1, 7-25-2011]
The Animal Control Officer of the City shall be appointed by
the Mayor with the consent and approval of a majority of the member
elected to the City Council. The compensation of the Animal Control
Officer shall be fixed from time to time by the City Council. The
Animal Control Officer may be granted a commission as a Police Officer
by the Mayor and upon approval by the City Council, and in that event
shall have and exercise the powers of a Police Officer to arrest and
commit any person who violates the ordinances pertaining to animal
control. The Animal Control Officer shall not be considered a member
of the Merit System Police Department of the City.
[R.O. 2011 §210.190; Ord. No. 2824 §1(5-20), 7-12-1978; Ord. No. 2011-27 §1, 7-25-2011]
The Animal Control Officer, the Chief of Police or any Police Officer of the City shall have the right to pursue all dogs and cats that have been running unlicensed or that are running at large in violation of Section 210.160 onto private property and apprehend the same if in fresh pursuit. They shall have the right, with the consent of anyone in possession of a vicious animal, to kill the same within the City limits with an appropriate firearm, and shall have the right, even without such consent, to kill a vicious animal which is dangerous to persons or animals.
[R.O. 2011 §210.200; Ord. No. 2824 §1(5-21), 7-12-1978; Ord. No. 99-8 §§1 — 2, 2-24-1999; Ord. No. 06-26 §1, 7-24-2006; Ord.
No. 2023-2, 1-9-2023; Ord. No. 2023-27, 6-12-2023]
A.
Unlawful/Definitions.
It shall be unlawful for any person within the corporate limits to
own, keep or harbor any dog which is dangerous. Any dog with the following
characteristics shall be classified and defined as dangerous:
1.
Any dog 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 a dog's bite, which results
in broken bones or lacerations requiring stitches or in-patient hospitalization.
The victim receiving severe injuries, as defined above, must provide
the Animal Control Officer a signed physician's statement documenting
injury and treatment qualifying such as severe injury or sign an authorization
for release of such statement.
2.
Any dog which has killed a domestic animal, livestock or poultry
without provocation, while off the owner's property.
3.
Any dog owned or harbored primarily or in part for the purpose of
dog fighting or any dog trained for dog fighting.
4.
Any dog which has bitten a human being, without provocation, on public
or private property other than the property owner.
5.
Any dog 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 dog is
kept.
6.
Any dog 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 fashion or apparent attitude
of attack, regardless of whether or not a person is injured by said
dog.
7.
Any dog 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.
B.
Animal
Welfare Committee. The Animal Welfare Committee shall consist of the
four (4) members of the City Council's Administrative Committee and
the Mayor of the City of Trenton.
C.
Determination
Of Dangerous Dog.
1.
Upon receipt of a report containing allegations that a dog in the City has displayed the characteristics outlined in Subsection (A) above, the Animal Control Officer or any City of Trenton Police Officer shall cause an investigation of the facts and circumstances surrounding the allegations.
2.
Upon completion of the investigation, if probable cause exists to find that the dog that is the subject of the allegations meets the characteristics as set forth in Subsection (A) above, the Animal Control Officer or any City of Trenton Police Officer shall declare the dog to be a dangerous dog and provide written notice delivered by the Animal Control Officer or any City of Trenton Police Officer containing the following information:
a.
A declaration that the subject dog has been determined to be a dangerous
dog;
c.
Upon written request addressed to the City Clerk of the City of Trenton
within five (5) days of receipt of said notice, the owner/keeper is
entitled to a hearing before the animal welfare committee on the issue
of whether the dog is a dangerous dog under this Code.
d.
The results of the investigation into the dangerous dog violation
will be sent to the City Prosecutor for possible criminal charges
in addition to the process outlined in the notice.
D.
Appeal.
1.
A Hearing Board, consisting of the members of the Animal Welfare
Committee shall convene within ten (10) working dates after receipt
of a written request by the City Clerk.
2.
Pending the outcome of such a hearing, the dog must be confined in
a secure enclosed pen or structure in such a manner so as not to be
a threat to any person. Such confinement may be on the owner's premises
or with a licensed veterinarian or animal shelter.
3.
The Hearing Board shall determine whether to declare the animal to
be a dangerous dog based upon evidence and testimony presented at
the time of the hearing by the owner, in addition to witnesses, animal
control personnel, police or any other person possessing information
pertinent to such determination.
E.
Exemptions
To Dangerous Dog Classification.
1.
With the exception of Subsection (A)(1), no dog may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass, tormenting, abusing, or assaulting the dog, or has in the past tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
2.
With the exception of Subsection (A)(1), an Animal Control Officer 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 dog, may be warned of the animal's tendencies and to take appropriate action to prevent subsequent incidences. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
3.
Dogs owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
F.
Guard
Dogs.
1.
No person shall own, keep, harbor, maintain or allow to be upon any
premises occupied by him/her or under his/her charge or control any
guard dog (for the purposes of this Chapter here defined as a dog
not owned by a governmental unit which dog is used to guard public
or private property) without such dog being confined behind a fence
from which it cannot escape or within any part of a house or structure
except when the windows or screen doors are the only obstacle preventing
the dog from exiting the structure; and must not be used or maintained
in a manner which, as determined by the Animal Control Officer, endangers
individuals on or off the premises guarded. Provided, however, these
restrictions shall not apply to any guard dog for which a certificate
or other suitable documentation evidencing the satisfactory completion
of Schutz hound training, training approved by the American Kennel
Club or other equivalent and recognized training, has been issued
and which is on file with the Animal Control Officer.
2.
Any guard dog, including law enforcement dogs, used in the City by
virtue of such use is hereby declared to be subject to the license
and rabies vaccination requirements of this Chapter.
3.
All guard dogs residing in or used as such in the City of Trenton
must be registered annually with the City Clerk.
G.
Violations
And Penalties. Any person violating or permitting the violation of
any provision of this Section shall upon conviction be fined a sum
not less than two hundred fifty dollars ($250.00) and not more than
five hundred dollars ($500.00). In addition to the fine imposed, the
court may sentence the defendant to imprisonment in the Grundy County
Detention Center for a period not to exceed thirty (30) days. In addition
to the fine and penalty imposed, the Court shall order the dog to
be removed and remain removed from the City. Should the defendant
refuse to remove the dog, the judge shall find the defendant owner
in contempt and order immediate confiscation and humane destruction
of the animal. Each day a violation of this Section shall be deemed
a separate offense. In addition to the foregoing penalties, any person
who violates this Section shall pay all expenses, including shelter,
food, handling, veterinary care, testimony fees and disposal fees
necessitated by the enforcement of this Section.
[R.O. 2011 §210.207; Ord. No. 06-27 §1, 7-24-2006]
A.
Any dangerous dog as determined under Section 210.200(A) including all dogs during the pendency of the outcome including any appeal period under Section 210.200(B) of this Article II of any citation or ticket issued by any Police Officer or Animal Control Officer pursuant to Section 210.200 of this Article II shall be subject to the following standards of confinement:
1.
No such dangerous dog shall be permitted to go outside its kennel
or pen unless such dog is securely leashed with a leash no longer
than four (4) feet in length. No person shall permit such dog to be
kept on a chain, rope or other type of leash outside its kennel or
pen unless an adult person at least eighteen (18) years of age is
in physical control of the leash at all times. Further, such dog shall
not be leashed to any inanimate object including, but not limited
to, trees, posts, buildings or vehicles. In addition, any such dog
on a leash outside a kennel or pen must be muzzled by a muzzling device
sufficient to prevent such dog from biting persons or other animals.
2.
All such dogs shall be securely confined indoors or in a securely
enclosed and locked pen, kennel or structure except when leashed and
muzzled as provided for in paragraph (1) herein above. Such pen, kennel
or structure must have secure sides and a secure top attached to the
sides. All structures used to confine such dogs must be locked with
a key or combination lock when such dogs are within the structure.
Such 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 such dog
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.
3.
No such 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 dog may be kept in a house or structure
when the windows are open or when screen windows or doors are the
only obstacle preventing the dog from exiting the structure.
B.
Any person owning, keeping, harboring or in possession of any such dog shall be subject to citation or ticket for violation of this Section 210.207 for failure to properly confine a dog determined or alleged to be dangerous under Section 210.200 of this Article II in the event such dog escapes from any pen, kennel, structure or house or escapes from its leash as provided in Section (A) herein above. Any person who violates this Section 210.207 of this Article II shall be guilty of an ordinance violation and upon conviction thereof shall be punished by a fine not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) together with any costs or expenses incurred by the City under Subsection (D) of this Section 210.207 or by imprisonment in the City Jail for not more than three (3) months, or by both such fine and imprisonment.
C.
All
owners, keepers or harborers of any such dog must provide proof to
the Chief of Police or Animal Control Officer of liability insurance
in a single incident amount of fifty thousand dollars ($50,000.00)
for bodily injury to or death of any person or persons or for damage
to property owned by any person or persons which may result from the
ownership, keeping or maintenance of such dog. Such insurance policy
shall provide that no cancellation of the policy will be made or be
effective without ten (10) days' written notice is first given to
the Chief of Police or Animal Control Officer.
D.
If any owner, keeper or harborer of any such dog cannot provide satisfactory compliance with the confinement specified in this Section 210.207 or cannot provide proof of insurance as required by this Section 210.207, then said dog shall be removed from the corporate limits of the City of Trenton or confined or kenneled at a licensed veterinary clinic or animal shelter provided such location can securely confine said dog in compliance with the provisions of this Section 210.207. Any Police Officer or Animal Control Officer may make application to the judge of the Municipal Court for an order directing and authorizing the officer to seize and remove the dog from the corporate limits of the City when a licensed veterinary clinic or animal shelter within the corporate limits of the City is not available to house and confine the dog in compliance with the provisions of this Section 210.207. Any owner, keeper or harborer of any such dog shall be responsible to the City for the costs and expenses incurred by the City in removing the dog from the corporate limits of the City and for housing, feeding and confining the dog in compliance with this Section.
E.
No person shall sell, barter or in any other way dispose of any such dog to any person within the corporate limits of the City without first notifying the Chief of Police or Animal Control Officer and provide to said official the name and address of said recipient. Any such transfer shall in no way negate the transferor's liability for any violation of Section 210.200 or Section 210.207 or any other Section of the City Code that may be pending at the time of said transfer. Further, any recipient of such dog during the pendency of any violation of Section 210.200, including any appeal period thereunder, shall be subject to the terms of this Section 210.207.
F.
Each such dog determined to be dangerous or vicious as determined under Section 210.200(A) including all dogs during the pendency of the outcome including any appeal period under Section 210.200(B) of this Article II of any citation or ticket issued by any Police Officer or Animal Control Officer pursuant to Section 210.200 of this Article II shall have an electronic monitoring microchip implanted under its skin by a licensed veterinarian or duly trained Animal Control Officer that can be read by the electronic microchip reader used by the City Police Department or by the Animal Control Officer. The expenses of the implantation of the electronic microchip, including but not limited to, the cost of the microchip and any medical equipment necessary for the implantation and the fee charged by any licensed veterinarian performing said procedure, shall be borne by the person owning, keeping, harboring or sheltering said dog.
[1]
Editor's Note: Former Section 210.210, Penalty For Violation,
was repealed 5-13-2019 by Ord. No. 2019-33.
[1]
Editor's Note: Former Section 210.215, Certain Breeds Prohibited,
which derived from R.O. 2011 §210.215; Ord. No.
06-31 §1, 8-14-2006, was
repealed 3-14-2022 by Ord. No. 2022-8.
[R.O. 2011 §210.217; Ord. No. 06-35 §1, 9-11-2006]
All owners, keepers or harborers of any dog of a breed prohibited by Section 210.215 of this Article II shall have until no later than December 31, 2006, to comply with the requirements set forth in Sections 210.215(D), 210.215(E) and 210.215(G) of this Article II for obtaining a license for such dog. Provided that such dog is duly registered as required by Section 210.215 of this Article II, no citation or ticket shall be issued to the owner, keeper or harborer of any such dog of a breed prohibited by Section 210.215 of this Article II solely for failing to obtain a license before December 31, 2006, by reason of the licensing requirements for such dogs of such breed as required by Sections 210.215(D), 210.215(E) and 210.215(G) of this Article II.
