Section
General Provisions
90.01 Definitions
90.02 Cruelty to animals
90.03 Confinement and control of vicious or dangerous domestic animals
90.04 Nuisance
90.05 Impoundment
90.06 Stray animals
90.07 Non-domestic animals
90.08 Humane destruction of animals
Vaccination and Privilege Tax Tag Requirements
90.20 Vaccination of dogs, cats and other pets
90.21 Vaccination tag and certificate
90.22 Privilege lifetime tax tag for dogs and cats
Rabies and Animal Bite Management
90.35 Animal bites
90.36 Destruction or confinement of animal exposed to a known rabid animal
90.37 Unlawful killing or releasing of certain animals
90.38 Failure to surrender animal for confinement or destruction
90.39 Post-mortem diagnosis
90.40 Area-wide emergency quarantine
Animal Shelter Operations
90.50 Redemption of animal by owner or keeper
90.51 Redemption or adoption of unvaccinated dog or cat
90.52 Adoption or destruction of owner-surrendered animals
90.53 Adoption or destruction of unredeemed animals
90.54 Permit requirement for resale of animals
Administration and Enforcement
90.65 Creation of Animal Control Department
90.66 Responsibilities of Animal Control Department
90.67 Interference with Animal Control Department
90.68 Violations
90.99 Penalty
GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To forsake, desert or give up an animal previously under the custody or possession of a person without having secured another owner or custodian or by failing to make reasonable arrangements for adequate care.
ADEQUATE FOOD. The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain the animal’s health and well being. Food shall be provided in a suitable and sanitary container.
ADEQUATE SHELTER. The owner of non- aquatic animals, other than livestock and other large animals which are normally pastured or otherwise live in the open, shall at all times provide said animal with shelter adequate to reasonably protect it from the elements. Such shelter shall, at a minimum, be sufficient to keep the animal dry, protected from adverse weather conditions. Said shelter shall further be kept free from accumulated waste or debris so the animal can walk or lie down without coming into contact with such waste or debris, and shall have a suitable method of draining so as to eliminate excess water. The shelter is to be constructed of durable fiber, wood, plastic or other non-metallic materials of adequate insulate value that allow an animal to maintain its body heat. The shelter should contain sufficient space for the animal to move around, stand or lie down, and is deemed appropriate by the Animal Control Officer.
ADEQUATE WATER. Constant access to a supply of water that is clean, fresh and visibly free of debris and organic material, provided in a suitable manner and at suitable intervals, not to exceed 24 hours.
ANIMAL CONTROL DIRECTOR. Employee of the county that is responsible for the management of the Animal Control department, including enforcement of county and state laws pertaining to animal and rabies control. Works under the direct supervision of the County Manager. Works with Health Director or his or her designee.
ANIMAL CONTROL OFFICER/CRUELTY INVESTIGATOR. Employee of the county, empowered to enforce all county and state laws pertaining to animal and rabies control. Works under the direct supervision of the Animal Control Director.
ANIMAL SHELTER. Any premises designated by the county for the purposes of impounding and caring for all animals in accordance with the provisions of this chapter.
ANIMALS. All living vertebrates, domestic and non-domestic, but not including humans.
DANGEROUS DOGS.
(1) DANGEROUS DOG. A dog that:
(a) Without provocation has killed or inflicted severe injury on a person; or
(b) Is determined by the person designated by the county responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in division (2) of this definition.
(c) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
(2) POTENTIALLY DANGEROUS DOG. A dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have:
(a) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization;
(b) Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
(c) Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
(3) OWNER. Any person or legal entity that has a possessory property right in a dog.
(4) OWNER’S REAL PROPERTY. Any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
(5) SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization. The provisions of this definition do not apply to:
(a) A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties;
(b) A dog being used in a lawful hunt;
(c) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or
(d) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
(e) The County Manger shall designate a person to be responsible for determining when a dog is a POTENTIALLY DANGEROUS DOG and the Board of Commissioners shall act as an appellate Board or designate a separate Board to hear any appeals. The person making the determination that a dog is a "potentially dangerous dog" must notify the owner in writing, giving the reasons for the determination, before the dog may be considered potentially dangerous under this chapter. The owner may appeal the determination by filing written objections with the appellate Board within three days. The appellate Board shall schedule a hearing within ten days of the filing of the objections. Any appeal from the final decision of such appellate Board shall be taken to the superior court by filing notice of appeal and a petition for review within ten days of the final decision of the appellate Board. Appeals from rulings of the appellate Board shall be heard in the superior court division. The appeal shall be heard de novo before a superior court judge sitting in the county in which the appellate Board whose ruling is being appealed is located.
HEALTH DIRECTOR. Health Director of the County Health Department.
IMPOUNDMENT. Secure custody of any animal by a person or shelter duly authorized by the county.
KEEPER. A person having custody of an animal, or who keeps or harbors an animal, or who knowingly permits an animal to remain on or about any premises occupied or controlled by such person.
KENNEL. Any premises wherein a person boards, lets for hire, trains for fee, breeds, buys or sells cats or dogs. This shall not include the ownership of dogs or cats which are part of the household or which are maintained adjoining a private residence for hunting, tracking practice, exhibition, or the guarding or protection of the owner’s property when no more than five dogs or cats per year are sold by such owner.
OWNER. A person having the right of property to an animal.
RABIES EXPOSURE. Animal exposed by another animal suspected of or known to have rabies.
STRAY ANIMAL. Any domesticated animal that meets the following conditions:
(1) Is beyond the limits of confinement or lost;
(2) Is not wearing any form of identification; and
(3) No owner known.
TETHER. A means by which an animal is restrained or fastened so it can only range within a set radius.
(Ord. passed 9-20-95; Amend. Ord. passed 3-3-97; Amend. Ord. passed 10-17-22)
(A) It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon, or subject to conditions detrimental to its health or general welfare of any animal, or to cause or procure such action. The words “torture” and “torment” shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted; but such terms shall not be construed to prohibit lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission; nor to prohibit the Department or veterinarians or duly authorized persons from destroying dangerous, unwanted, or injured animals in a humane manner.
(B) It shall be unlawful for any owner or keeper to fail to provide his animal(s) with adequate food, adequate water, and adequate shelter to keep his animal(s) in good health and comfort, and the opportunity for vigorous daily exercise. Veterinary care shall be provided when needed to prevent suffering.
(C) Any person injuring or killing a domestic animal by striking it with an automobile or other vehicle, shall make reasonable effort to notify the owner of the animal, and shall notify this Department of Animal Control.
(D) Any person being the owner or possessor, or having charge or custody of an animal, who willfully and without justifiable excuse, abandons the animal(s), is guilty of a misdemeanor punishable as provided by a fine of up to $500.
(E) It shall be unlawful to tether an animal to a stationary object for a period of time or under conditions that an Animal Control Officer deems harmful or potentially harmful to the animal. Tethering may only be allowed if there is no sign of obvious neglect. Examples of improper tethering include, but not limited to the following:
(1) Using a length or weight of tether that is not appropriate for the size, weight and age of the animal. An appropriate restraint must be a minimum of ten feet in length.
(2) Using tether that does not have swivels on both ends. All tethers must be attached to the animal by means of a properly fitting harness or collar of not less than one inch wide made of nylon or leather.
(3) Tethering an animal allowing said animal to leave the owner’s real property or such that the tether can become entangled and prevent the animal from moving about freely, lying down, or having access to adequate food, adequate water, or adequate shelter.
(F) All investigations and related procedures of cruelty charges, will be at the discretion of the County Animal Control Officer/Cruelty Investigator.
(Ord. passed 9-20-95; Amend. Ord. passed 10-17-22) Penalty, see § 90.99
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