[HISTORY: Adopted by ordinance 6-14-1993; amended 8-12-2002 by Ord. No. 165; 10-11-2005 by Ord. No. 294; 11-9-2009 by Ord. No. 535; 1-11-2016 by Ord. No. 726; 2-8-2016 by Ord. No. 736; 8-1-2018 by Ord. No. 811; 8-13-2018 by Ord. No. 817. Amendments after 5-13-2020
are noted off of the specific articles, sections or subsections affected.]
[Amended 8-14-2023 by Ord. No. 1044]
For the purposes of Chapter 73, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
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.
Reasonable restraint sufficient to prevent an animal from
running at large, injuring itself, or any person, animal, or property.
Structurally sound, properly ventilated, and weatherproofed
housing which is large enough to let the animal housed in it stand
up, turn around, and lie down; is equipped with bedding that will
not absorb water and/or freeze; and will not exacerbate existing weather
conditions by, for example, absorbing heat on hot sunny days. This
adequate shelter must be located at least six (6) feet from side or
rear property line.
Any living vertebrate except humans.
Off the premises of the owner, or of anyone having care,
custody, or control, and not under the adequate control of anyone.
Any animal, including but not limited to a cat, dog, kitten,
or puppy, that has historically been tamed and kept by humans primarily
for human companionship. Does include pot-bellied pigs and small mammals
such as ferrets, guinea pigs, and hamsters. Does not include reptiles,
amphibians, fish, birds, dangerous, exotic, or wild animals.
Any animal not indigenous to the United States and/or not
normally kept as a pet, including, but not limited to, non-human primates,
alligators, large carnivores, deadly or poisonous reptiles, wolves,
coyotes or any animal bred with a wolf or coyote.
Swine, cows, horses, sheep, goats, poultry (chickens, guineas,
turkeys, ducks, geese), alpacas, and llamas.
A domestic cat born in the wild or that has reverted to a
wild state and is not tame or socialized.
To feed, shelter, or confine an animal.
Any person with custody or control of an animal who legally
acquired such animal, any person who claims ownership of such animal.
Any indigenous species of animal which is not normally domesticated
in the United States and would normally live in the wild, irrespective
of its actual state of domesticity, docility, or tameness, including
but not limited to feral cats.
Every owner of any dog or cat shall procure a license for each
dog or cat as required by this chapter.
On the first day of January of each year, the owner of each dog or cat, then over the age of six months, kept within the City, and for each dog or cat then thereafter kept in the City, on attaining six months of age during the year, shall secure from the City Clerk a license tag for such dog or cat, which license tag shall be issued upon payment of a $5 fee, and compliance with § 73.280 hereof. The license tag shall expire on the 31st day of December next following issuance. The owner shall keep the tag securely fastened by means of a collar about the neck of the dog or cat at all times.
It shall be the duty of the owner of every dog or cat kept within
the City, subject to the license tag specified in the preceding section,
to cause the same to be registered at the office of the City Clerk,
in the City animal register, and the City Clerk shall enter into the
City animal register the date of application for the license tag,
the number of the tag issued, to whom and for whom issued and the
breed, sex and color of such dog or cat. The Clerk shall thereupon
furnish to the person a tag, having plainly marked, cast or stamped
thereon the figures indicating the year for which the tag was issued
and a number corresponding with the number of the entry on the animal
register. Before any dog or cat required by the preceding section
to have a City license tag shall be registered at the office of the
City Clerk as required in the section, there shall be presented to
the City Clerk a written statement briefly describing such dog or
cat sought to be registered and naming the alleged owner thereof,
signed by a duly licensed veterinarian who shall certify that such
dog or cat has been immunized against rabies or accompanied by a rabies
control tag and the date of immunization. Such date of immunization
and effective period of the immunization shall be recorded at the
time of registration of such dog or cat.
The City Clerk is authorized annually to procure on behalf of
the City, a supply of tags sufficient for the need of that particular
year.
[1]
Editor's Note: Former § 73.300, No control requirement;
animals at large, was repealed 8-14-2023 by Ord. No. 1044.
[Added 8-14-2023 by Ord. No. 1044]
A.
No more
than any combination of four (4) domesticated animals may be kept
in all residential zoning districts by the occupant(s) of a dwelling
unit unless otherwise prohibited by the owner(s) of said dwelling
unit. Said animals may not be kept for commercial or sale purposes.
Said animals may not be kept as to cause a public nuisance.
B.
All owners
of domesticated animals shall provide adequate care, adequate control,
and adequate shelter for their animals.
C.
The parent
or guardian of a minor child is responsible for the adequate care,
adequate control, and adequate shelter of any pet of the minor child.
D.
No domesticated
animal shall be allowed at large.
E.
No domesticated
animal shall be allowed to habitually bark, yelp, or howl so that
it disturbs others.
F.
No domesticated
animal shall be allowed to threaten or cause fear to others.
[Added 8-14-2023 by Ord. No. 1044]
A.
Farm animals
may only be kept in the "A-1" zoning district under the following
conditions:
[Added 8-14-2023 by Ord. No. 1044]
A.
No owner
shall fail to provide an animal with sufficient good and wholesome
food, water, protection from the weather, and veterinary care when
needed to preserve the health of the animal.
B.
No person
shall cruelly treat, torment, overload, overwork or otherwise abuse
an animal or cause, instigate, or permit any fighting or combat between
animals.
C.
No person
shall intentionally kill domesticated animals in any manner except
humane euthanasia performed by a licensed veterinarian.
D.
No person
shall purposely abandon any animal in any place without making provisions
for its care as described in this Section.
E.
No person
shall transport any animal in a non-enclosed vehicle from which it
can escape, fall, or be thrown.
F.
Any person
who, as the operator of a motor vehicle, strikes a domesticated animal
shall immediately report such injury or death to the animal’s
owner. In the event the owner cannot be ascertained or located, such
person shall report the incident to the City of Moscow Mills Police
Department.
G.
All fecal
accumulations in any pen, run, cage, kennel, yard or dwelling unit
where any animal is kept shall be removed and disposed of in such
a manner as to prevent the breeding of flies and the creation of offensive
or noxious odors or other nuisance. Any person having control of any
animal, whether on personal property owned by another or in a public
place, shall possess and carry a device, mechanism, or container designed
for the removal of fecal matter deposited by said animal and shall,
immediately remove any and all such fecal matter and dispose of same
properly. Fecal matter may not be disposed of in the City’s
stormwater system.
H.
No animal
may be confined in a building, enclosure, car, boat, vehicle, or vessel
of any kind when weather conditions, hot or cold, may be harmful to
its health.
Police officers shall have the right of entry to any lots or
lands for the purpose of inspecting any animal reported or reasonably
believed to be in violation of this chapter.
A.
No owner of an animal affected with rabies or exposed to rabies,
shall permit such animal anywhere within the City other than the property
of the actual owner of such animal, and then only if such animal is
so confined as to prevent its straying from the actual owner's property.
B.
Every owner of an animal which has bitten a person, or which acts
in a manner suggesting that it is or may be affected with rabies,
shall quarantine such animal in a facility designated by the City
of Moscow Mills for a period of 10 days for observation.
[1]
Editor's Note: Former § 73.480, No farm animals, was
repealed 8-14-2023 by Ord. No. 1044.
No owner of any animal shall keep any animal in a pen or other
enclosure of any kind under such conditions that offensive or noxious
odors or smells cause annoyance to persons living in the immediate
area or persons passing upon sidewalks, alleys or streets.
[1]
Editor's Note: Former § 73.510, Chickens and domestic
fowl, was repealed 8-14-2023 by Ord. No. 1044.
A.
Classification. The Board of Aldermen or its designated representative
shall classify any animal with the following characteristics as a
"dangerous animal" for purposes of this chapter:
1.
Any animal which has inflicted a severe or fatal injury on a human
on public. "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.
2.
Any animal which has attacked or bitten a human or domestic animal,
on property other than the property of the owner.
3.
Any animal which, while on the owner's property, has attacked or
bitten, a human other than the owner or a member of the owner's family
who normally resides at the place where the animal is normally kept.
4.
Any animal which, while off the owner's property, has killed a domestic
animal, horse, chicken or other domestic fowl.
5.
Any animal owned or harbored primarily, or in part, for the purpose
of fighting or any animal trained for fighting.
6.
Any animal which approaches a person upon the sidewalks, alleys,
or streets, in a menacing fashion or apparent attitude of attack.
7.
Any animal with a known propensity, tendency or disposition to attack
unprovoked, to cause injury, or to otherwise threaten the safety of
humans or domestic animals.
B.
Notice and hearing.
1.
Within five working days after classifying an animal as a "dangerous
animal", the City shall notify the animal's owner of such classification,
in writing. The notice shall identify the requirements and conditions
for maintaining a dangerous animal as set forth in this chapter. If
the owner cannot be located, the animal may be immediately impounded,
and notice shall be posted at the owner's last known address.
2.
Appeal and hearing. If the animal owner disputes the classification,
then the owner has the option of submitting, within five working days
of notice, a written request to the Board of Aldermen for a hearing
to contest the classification. The City shall, within 10 working days
after receipt of a bona fide written request, conduct a hearing and
render a decision.
3.
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 or domestic
animal. The confinement may be on the owner's premises or with a licensed
veterinarian.
4.
The City shall determine whether to declare the animal to be a "dangerous
animal" based upon evidence presented at the time of the hearing.
The hearing shall be informal and strict rules of evidence shall not
apply. The owner may be represented by counsel, present oral and written
evidence, and cross examine witnesses.
5.
The City shall issue a decision after the close of the hearing and
notify the owner in writing of the decision. The owner or possessor
of the animal found to be a "dangerous animal" shall be required to
maintain the animal as provided in this chapter.
C.
Owner's responsibilities. Owners or keepers of an animal that has
been declared a dangerous animal may maintain the dangerous animal
only subject the following limitations requirements and conditions:
1.
Registration. Within 10 days of the designation or the acquisition
of a dangerous animal, every owner or keeper of a dangerous animal
in the City shall register said animal with the City on the "dangerous
animal" registry. Failure to so register shall constitute a violation
of this chapter.
2.
Collar. Any dangerous animal shall wear a bright orange collar with
a large brightly colored metal tag attached so the animal can readily
be identified as a dangerous animal.
3.
Loose, unconfined or missing dangerous animal. The owner or keeper
shall notify the Police Department immediately if a dangerous animal
is loose, unconfined or missing, or has attacked a human or other
animal.
4.
Reporting requirements. The owner or keeper shall notify the City
within 24 hours: a. Death or transfer of ownership. If a dangerous
animal has died or has been sold or given away, or otherwise transferred
in ownership or possession. If the animal has been sold, given away,
or otherwise transferred in ownership or possession, the owner or
keeper shall provide the City with the name, address and telephone
number of the new owner or keeper, and, if the dog is kept within
the City, the new owner or keeper must comply with the requirements
of this chapter. B. Birth. All offspring born of dangerous animals
within the City must be removed from the City within two months of
their birth. C. New address. Of the new address of a dangerous animal
owner or keeper should the owner or keeper move from one address within
the City to another address within the City.
5.
Confinement.
a.
All dangerous animals must be securely confined indoors or in a securely
enclosed and locked pen, kennel or other structure, except when leashed
and muzzled as provided herein. The pen, kennel or other structure
must be suitable to prevent the entry of young children and designed
to prevent the animal from escaping. Such pen, kennel or other structure
must have minimum dimensions of five feet by 10 feet and must have
secure sides and a secure top attached to all sides. The pen, kennel,
or other structure must be locked with a key combination lock when
dangerous animals are confined within. The pen, kennel or other structure
must have a secured bottom or floor attached to all sides; however,
if it has no bottom secured to the sides, the sides must be embedded
in the ground no less than 12 inches. The enclosure must also provide
protection from the elements for the animal.
b.
The enclosure, when occupied by a dangerous animal, shall not be
occupied by any other. If the dangerous animal is a female with offspring
under two months of age, the offspring may occupy the same enclosure
as the mother.
c.
All structures erected to house dangerous animals 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.
d.
No dangerous animal may be kept on a porch, patio, or in any part
of a house or structure that would allow the animal to exit such building
on its own violation. 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 animal from exiting
the structure.
6.
Signs. The owner or keeper shall display a sign on his premises that
there is a dangerous animal on the property and which bears a symbol
warning children of the presence of a dangerous animal. This sign
shall be visible and capable of being seen from the public thoroughfare
from which the property is entered. In addition, a similar sign is
required to be posted on the pen, kennel or other structure housing
the dangerous animal.
7.
Leash and muzzle. A dangerous animal may only be off the owner's
premises if it is muzzled and restrained by a substantial chain or
leash not exceeding six feet in length and under the control of competent
person. The muzzle must not cause injury to the animal or interfere
with its vision or respiration but must prevent it from biting any
human or other animal.
8.
Insurance. The owner or keeper of a dangerous animal shall present
to the City proof that the owner or keeper has procured liability
insurance in a single incident amount of at least on $100,000 for
bodily injury/death/or damage to property which may result from the
ownership, keeping or maintenance of such animal covering the twelve-month
period during which licensing is sought. An effective insurance policy
with the coverage and in the amounts specified herein must be maintained
by the owner or keeper at all times. The policy shall contain a provision
requiring the City receive 10 days' written notice prior to any cancellation,
termination,] or expiration of the policy.
9.
Photographs. All owners or keepers of dangerous animals, must within
10 days of such classification, provide the City with two color photographs
(one showing the left profile and the other showing the right profile)
of the animal, clearly showing the color, distinguishing markings,
and approximate size of the animal.
10.
Compliance, violations and penalties.
a.
It shall be unlawful for the owner or keeper of a dangerous animal
within the City to fail to comply with requirements set forth in this
chapter. Any animal found to be in violation of this chapter may,
in addition to other penalties, be subject to immediate impoundment
for the time necessary for the owner or keeper to show compliance
with this chapter. Owner shall be liable to City for all expenses
of impoundment incurred by the City.
b.
Any person found guilty of violation any provision of the section
shall be punished as provided herein. In addition to any penalty as
provided herein, the Court may order the registration of the subject
dangerous animal revoked and the animal removed from the City. Should
the owner or keeper refuse to remove the animal from the City, the
Court may find the owner or keeper in contempt and order the immediate
impoundment and humane destruction of the dangerous animal. Each day
that a violation of this section continues shall be deemed a separate
offense. In addition to the foregoing penalties, any person who violates
this section shall be liable to the City for all expenses of impoundment
and/or humane destruction incurred by the City.
[Amended 8-14-2023 by Ord. No. 1044]
No person or business shall possess any wild, exotic, or dangerous
animal for sale, display, or exhibition purposes. No such animal shall
be kept as a pet within the City limits. No such animal shall be harbored
within the City limits.
[Added 8-14-2023 by Ord. No. 1044]
A.
Bees may
be kept in a residentially zoned district under the following conditions:
1.
A minimum
lot size of ten thousand (10,000) square feet.
2.
The maximum
number of colonies shall be limited to three (3) hives.
3.
The hive(s)
location shall not be visible where possible or behind a sight-proof
fence, which is six (6) feet in height.
4.
A fresh
water supply shall be located within five (5) feet of the hive.
5.
An apiary
of one (1) or more hives shall be located at least twenty (20) feet
from the property line or public right-of-way, with the hive opening
directed towards the most distant property line.
Any person, firm or corporation violating any provision of this
chapter is guilty of an infraction and upon conviction thereof shall
be punished by a fine of not more than $500, under such limits as
may be imposed by the state statute.
