[Ord. No. 1032 Art. I §1, 10-21-1991]
[Ord. No. 1032 Art. I §2, 10-21-1991; Ord. No. 1073 §1, 3-1-1993; Ord.
No. 2005, 7-6-2021]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Normal and prudent attention to the needs of an animal, including
that care which is normally necessary to maintain good health in the
specific species of animal.
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.
The provision to each healthy animal of all immunizations
and preventative care required to maintain good health; space adequate
to allow the animal rest and exercise sufficient to maintain good
health; grooming as required so that they are free from dangerous
matting which affects their health; and the provision to each sick,
diseased, or injured animal of necessary veterinary care or humane
death.
A structurally sound, properly ventilated, safe, sanitary
and weatherproof 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 area
where animals are kept must allow access to mud-free, dry ground and
be kept free from unsanitary conditions, vermin-harboring debris,
rodents, refuse, or any dangerous protuberances which can provide
an opportunity for injury or a danger to the health of the animal.
The shelter must be sized to accommodate the animal and allow retention
of body heat and should be made of durable material with a solid floor.
A sufficient quantity of clean, bedding material consisting of straw,
or the equivalent, must provide insulation and protection against
cold and dampness and provide for retention of body heat.
A continual access to or access at suitable intervals to
a supply of clean, fresh, potable water provided in a sanitary manner
suitable for the species, condition and age of the animal in sufficient
amounts to maintain good health in the animal. Such water will be
provided in a secure manner so that the container cannot be overturned.
Conditions that allow for sufficient movement of air within
an enclosure.
The facility operated by the City or its authorized agents
for the purpose of impounding or caring for animals held under the
authority of this Chapter or State law and in charge of a shelter
superintendent employed by or duly authorized to act as such by the
City.
Any live, vertebrate creature, domestic or wild, other than
humans.
A dog that has been or is being trained as a guide dog, hearing
dog, or service dog. The above terms are further defined as follows:
Guide dog shall mean a dog that has been or is being specially
trained to aid a particular blind or visually impaired person.
Hearing dog shall mean a dog that has been or is being specially
trained to aid a particular deaf or hard of hearing person.
Service dog shall mean a dog that has been or is being specially
trained to aid a particular person with a disability other than sight
or hearing.
Animals shall be deemed to be at large when off the property
of the owner and not under restraint.
The puncturing or break of skin by the teeth or claws of
an animal.
All domestic animals of the feline species, both male and
female.
Three (3) or more community cats.
Any pet shop or grooming shop, auction, riding school, stable,
kennel, guard dog service, dog trainer or business keeping animals
in stock for retail or wholesale trade or any establishment performing
one (1) or more of the principal activities of such establishments.
Any feral or stray cat, regardless of socialization status.
All domestic animals of the canine species, both male and
female, over six (6) months of age.
Any species of animal bred by human beings through several
generations to select and successively achieve those qualities of
domesticity required for the animals to live and/or work successfully
with human beings.
A mark identifying a community cat as having been sterilized,
specifically, the removal of approximately three-eighths (3/8) of
an inch off the tip of the cat's left ear in a straight line while
the cat is anesthetized.
A fence that controls the movement of a dog by emitting an
electrical shock when the animal wearing the collar nears the boundary
of the owner's, keeper's, harborer's or maintainer's property. The
collar is controlled automatically in a predetermined manner.
A small, elongated, fur-covered mammal that is domesticated.
To feed or shelter an animal at the same location for three
(3) or more consecutive clays.
The Supervisor of Animal Control, any Police Officer or any
other person employed by the City to enforce this Chapter.
The keeping, harboring or maintaining of six (6) or more
dogs or cats or a combination thereof over the age of six (6) months
upon a single tract.
Any swine, bovine, goat, sheep, beast of burden or any other
domestic or wild animal or similar or larger size, except dogs or
cats of any kind.
Any system of animal identification approved by the Supervisor
of Animal Control or finance director that does not involve alteration
or permanent marking of an animal.
Domestic animals excluding small animals, dogs, cats, and
fowl, but not limited to, horses, mules, donkeys, sheep, alpacas,
goats, cattle, and swine.
Any person owning, keeping, maintaining or otherwise having
the care or control of an animal.
Feeding or sheltering any animal for three (3) or more consecutive
days or professing ownership of such animal.
Birds, rabbits or rodents which damage property or have an
adverse effect on the public health but shall not include any endangered
species listed by the United States Department of the Interior nor
any endangered species listed in the State Wildlife Code.
Any animal or group of animals that contains any animal that:
Molests any passerby or chases passing vehicles including bicycles;
Attacks any other animal;
Is in heat and not properly confined in such a manner that the
dog will not be accessible to other dogs except for planned breeding,
as provided in this Chapter;
Is not under restraint in violation of this Chapter;
Damages public or private property;
Barks, whines or howls in an excessive fashion, which is hereby
defined as continuous or untimely so as to disturb the sleep of an
individual who is a neighbor (a "neighbor" for this
purpose is hereby defined as an individual residing in a residence
structure that is within one hundred (100) yards of the property on
which the animal is kept or harbored) and who does in writing state
that he/she will so testify, if called upon to testify about such
matter under oath;
Is ridden on public property without permission of the City
or which obstructs or interferes with vehicular or pedestrian traffic;
Causes injury to people;
Threatens or causes a condition that endangers public health;
or
Impedes refuse collection by ripping any bag or tipping any
container of such or interferes with the collector thereof.
Soils, defiles or defecates on property other than property
of a person responsible for the animal unless such waste is immediately
removed and deposited in a waste container or buried on property where
the person responsible for the animal has permission or the right
to bury it.
Secured in a fully enclosed or fenced area; on a hand-held
leash held by a person capable of controlling the animal; secured
by an electronic containment system (dogs only); secured by a tether
attached to a fixed object or structure that prevents the animal from
coming within ten (10) feet of any public walkway or roadway; or while
in transit, within a vehicle capable of preventing escape.
Domestic animals, excluding livestock, dogs, cats, and fowl,
including but not limited to the chinchilla, mink, rabbit, hamster,
gerbil, guinea pig, parrot, or parakeet.
Any homeless or unrestrained cat without acceptable identification.
The person employed by the City as its Supervisor of Animal
Control and shall also include the staff assigned to work under the
direct control of the Supervisor of Animal Control, who may act through
staff to perform any duty under this Chapter unless otherwise specifically
stated.
Means trap, neuter, and return.
A method of controlling the community cat population by trapping,
sterilizing, vaccinating against rabies, ear tipping, and returning
the cats to the location where they were captured, in accordance with
this Chapter.
An act whereby a person breaches an established barrier on
private property without express or implied consent of the owner.
This definition shall not be construed to include children under twelve
(12) years of age or persons whose purpose is the performance of public
service or function.
Any animal that is predominantly freeroaming, as opposed
to domesticated.
[Ord. No. 1032 Art. I §3, 10-21-1991]
It shall be unlawful for an owner, keeper, harborer or maintainer
of any animal to allow or permit any such animal to become a public
nuisance or to keep any animal that is or has become a public nuisance.
[Ord. No. 1032 Art. I §4, 10-21-1991]
No person shall cause or allow any place where an animal is
or may be kept to become unclean and unwholesome.
[Ord. No. 1032 Art. I §5, 10-21-1991]
A.Â
The following animals are hereby declared to be dangerous and the keeping or harboring of such animals within the City is prohibited, except as provided in Subsection (B) of this Section:
1.Â
Lions, tigers, bears, leopards, ocelots, jaguars, cheetahs, margays,
mountain lions, Canada lynx, bobcats, jaguarundi, hyenas, wolves and
coyotes;
2.Â
Non-human primates, raccoons, skunks and foxes;
3.Â
Any deadly, dangerous or poisonous reptile;
4.Â
Any other animal which is inherently dangerous because of past behavior,
violations of this Chapter or the nature of the animal in relation
to persons or domestic animals.
B.Â
The animals listed in Subsection (A) of this Section may be kept in a properly maintained and licensed zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge, only after such animals have been registered with the Supervisor of Animal Control.
C.Â
The Supervisor of Animal Control may determine the keeping or harboring of the animals listed in Subsection (A) of this Section in the locations listed in Subsection (B) of this Section has become a threat to humans or domestic animals by virtue of:
1.Â
Having 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 or strike, which
results in death, broken bones, lacerations requiring stitches or
hospitalization. The victim receiving severe injuries must provide
the Supervisor of Animal Control a signed physician's statement documenting
injury and treatment qualifying such as a severe injury or sign an
authorization for release of such statement;
2.Â
Having killed a domestic animal, livestock or poultry without provocation
while off the owner's property;
3.Â
Owning or harboring primarily or in part for the purpose of fighting
or any animal trained for fighting;
4.Â
Having bitten a human being, without provocation, on public or private
property other than the property of the owner;
5.Â
Having bitten while on the owner's property, 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;
6.Â
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 attitudes
of attack, regardless of whether or not a person is injured by the
animal;
7.Â
Possessing a known propensity, tendency or disposition to attack
unprovoked, to cause injury or to otherwise threaten the safety of
human beings or domestic animals.
D.Â
Actions to be taken for an animal on which a determination has been made under Subsection (C) of this Section is as follows: The animal shall be humanely destroyed or removed from the City limits within forty-eight (48) hours after notification.
E.Â
The
use of plastic in the construction of cages or other structures used
to harbor deadly, dangerous or poisonous reptiles is prohibited.
[Ord. No. 1032 Art. I §6, 10-21-1991]
A.Â
No
animals afflicted with a contagious or infectious disease shall be
allowed to run at large or to be exposed in any public place whereby
the health of man or beast may be affected; nor shall such diseased
animal be shipped or removed from the premises of the owner thereof,
except under the supervision of the Chief of Police or the Supervisor
of Animal Control.
B.Â
It
is hereby made the duty of the Supervisor of Animal Control to secure
such disposition of any diseased animal and such treatment of affected
premises as to prevent the communication and spread of the contagion
or infection, except in cases where the State veterinarian is empowered
to act.
[Ord. No. 1032 Art. I §7, 10-21-1991]
It shall be unlawful to keep or harbor any bees in the City
in agricultural areas and four hundred (400) feet from inhabitants
other than the owners thereof. Any beehive used or occupied by bees
in violation of this Section is hereby declared to be a nuisance.
It shall be unlawful to keep or maintain any hive in the City except
in areas four hundred (400) feet from inhabitants other than the owners
thereof.
[1]
Editor's Note: Former Section 205.080, Impoundment —
Notice of Impoundment, and Section 205.090, Fees for Impounding and
Keeping of Animals — Disposition of Unclaimed Animals, which
derived from Ord. No. 1032 Art. I §8, 10-21-1991, were repealed
7-6-2021 by Ord. No. 2005.
