§ 90.001 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABANDONMENT. The willful discarding or deserting of a live animal, leaving an animal for a period in excess of 12 hours without providing adequate food, water or shelter for the duration of the absence, or releasing or dumping an animal from a vehicle without demonstrating intent to recover the animal.

   ANIMAL. Every living creature, domestic or non-domestic, but does not include humans.

   ANIMAL SHELTER. Any premises designated by the Health Director for the purpose of impounding and caring for animals.

   AT LARGE. An animal that is off the property of its owner or keeper and not under physical restraint.

   BOARD OF HEALTH. County Board of Health.

   BOARDING. Providing, for profit, land and/or structure for the care of an animal.

   COMMERCIAL ANIMAL ESTABLISHMENT. Any for profit pet shop, grooming shop, riding school, stable, zoological park, circus, animal exhibition/show, or kennel.

   COMMERCIAL BREEDER. One who breeds animals for the primary purpose of offering their offspring for sale to other breeders, pet shops, laboratories, or individuals. By contrast, a HOBBY BREEDER is one who breeds purebred animals occasionally to justifiably improve the breed and not primarily for the purposes of income.

   COMMISSION. The state Health Services Commission.

   CONFINEMENT. Restricted interaction.

   DOMESTIC ANIMAL. Any of various animals, such as dogs, cats, equine, sheep, cattle, goats, hogs, poultry, ferrets, llamas, emus, and/or other animals domesticated by man so as to live and/or breed in a tame condition.

   EXOTIC ANIMAL. Any living animal, which is strikingly or excitingly different or unusual and not ordinarily kept as a pet or domesticated animal. By way of example, EXOTIC ANIMALS shall include, but are not limited to, lions, tigers, apes, monkeys, poisonous reptiles, and poisonous spiders. A hybrid of any animal listed in the example above, regardless of genetic percentages, shall be deemed exotic.

   EXOTIC MAMMAL. Any mammal designated by the Centers for Disease Control and Prevention, Department of Agriculture, or other national or state public health protection agencies as embargoed or prohibited under legal protection orders.

   EXOTIC REPTILE. Any reptile not native to the state.

   EXPOSED TO RABIES. An animal that has been bitten by, or been in the presence of, any animal known or suspected to have been infected with rabies.

   FERAL CAT. A cat that is unsocialized to humans and has a temperament of extreme fear of, and resistance to, contact with humans.

   FERAL CAT CAREGIVER. Any person who, in accordance with a trap neuter return program, will trap neuter and return, vaccinate for rabies, ear tip, provide care, including food and water, or has temporary custody of a feral cat(s).

   GROOMING SHOP. Any establishment, whether operated separately or in connection with another business enterprise, that provides hair and nail clipping, bathing, and other cosmetic services for animals.

   HEALTH DEPARTMENT. County Health Department.

   HEALTH DIRECTOR. The Health Director of the county Health Department.

   HUMANELY DESTROYED. Destruction of an animal must comply with guidelines set forth by American Veterinary Medical Association (AVMA), the Humane Society of the Unites States (HSUS), or the American Humane Association (AHA).

   IMPOUNDMENT. Any animal in custody of a person or animal shelter duly authorized by the Health Director.

   KEEPER. Person having custody of an animal, who keeps or harbors an animal, or who knowingly permits an animal to remain on or about any premises occupied or controlled by the person. KEEPER does not include a person keeping a feral cat as a feral cat caregiver.

   KENNEL. Any premises wherein a person boards, lets for hire, trains/hunts for a fee, breeds, buys, or sells dogs or cats. This shall not include the ownership of dogs and/or cats which are part of the household, or which are maintained adjoining a private residence for commercial hunting.

   LAW ENFORCEMENT DOG. Any dog used by a law enforcement agency in the investigation of crimes, or as otherwise necessary in the enforcement of the law. These animals are excluded from general requirements of this chapter with the exception that they are regulated by the provisions of §§ 90.100 through 90.108, and § 90.120.

   NONPROFIT ANIMAL ESTABLISHMENT. Therapeutic facility, humane society, animal shelter, the American Society for the Prevention of Cruelty to Animals (ASPCA), animal rescue or welfare groups, or assistance animal training facilities. (Recognized by federal or state law as nonprofit.)

   NON-DOMESTIC ANIMAL. Any carnivore, primate, bird, reptile, or other venomous animals, regardless of whether it is indigenous to this state, and not included in the definition of domestic animal, and shall include any hybrid animal.

   NUISANCE. An animal or group of animals which:

      (1)   Damages, soils, or defiles private or public property;

      (2)   Interferes with, molests, or attacks persons or other animals;

      (3)   Is/are repeatedly at large, with the exception of feral cats;

      (4)   Causes unsanitary, dangerous, or offensive conditions;

      (5)   Chases, snaps at, harasses, or impedes pedestrians, bicyclists, or vehicles;

      (6)   By virtue of number of assertive tendencies is offensive or dangerous to the public health, safety, or welfare;

      (7)   Is diseased or dangerous to the public health; or

      (8)   Habitually makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to reasonable persons of ordinary sensibilities in close proximity to the premises where the animal is kept or harbored.

   OWNER. Any person, group of persons, firm, partnership, corporation, organization, or association that keeps or harbors an animal, assumes care of an animal, or acts as a custodian of an animal, unless the animal is being boarded for a fee. The owner has the right of property in the animal and is responsible for the care, actions, and behavior of his or her animal(s) at all times. OWNER does not include a person keeping a feral cat as a feral cat caregiver.

   PATROL DOG. A dog that is trained or conditioned to attack or otherwise respond aggressively, but only upon command from a handler either off or on lead.

   PERSON. Any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

   PET. Any domestic animal kept for pleasure rather than utility.

   PET SHOP. Any commercial establishment, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells, or boards any species of animal.

   RESTRAINT. The condition or behavior of an animal is:

      (1)   Controlled by means of a leash or other like device;

      (2)   Sufficiently near the owner or handler to be under his or her direct control and is obedient to that person’s commands;

      (3)   Within a vehicle being driven or parked;

      (4)   Within a secure enclosure; or

      (5)   Within the property limits of its owner or keeper.

   RIDING SCHOOL or STABLE. Any place which has available for hire, boarding, and/or riding/driving instruction for any horse, pony, donkey, or burro.

   SECURITY DOG. Any dog used, kept, or maintained within the county for the purpose of protecting any person or property. Any dog may be further classified as a patrol dog, sentry dog, or watch dog, as defined in this section.

   SENTRY DOG. A dog that is trained or conditioned to attack or otherwise respond aggressively without command.

   STRAY. Any domestic animal without identification and rabies tags, that is not under restraint, nor on the property of its owner or keeper.

   SUSPECTED OF HAVING RABIES. An animal which is unvaccinated against rabies, has bitten a person, or is known or believed to have been exposed to rabies.

   TRAP NEUTER RETURN (TNR). A feral cat program that is viewed as a viable alternative to euthanasia.

   VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, treatment of injuries, and prevention of diseases in animals.

   VICIOUS DOG or OTHER ANIMAL. A dog or other animal that constitutes a physical threat to humans, domestic animals, or livestock, or that approaches any person in an attitude of attack off the owner’s property without being teased, molested, provoked, beaten, tortured, or otherwise harmed, or that has a known tendency of unprovoked attack, or that is trained or being trained for fighting.

   WATCH DOG. A dog that barks and/or threatens to bite any intruder, and that has been specially trained or conditioned for that purpose.

(Ord. passed 10-6-2008)

§ 90.002 AGENCY AUTHORITY AND RESPONSIBILITY.

   (A)   The Board of Commissioners shall be responsible for an animal shelter or the designation of an organization to operate a shelter.

   (B)   Authority is hereby granted to the county Health Department to establish and maintain an animal control program, to employ animal control officers and other employees as shall be determined necessary by the Board of Commissioners, and to appoint and compensate animal control officers and other employees in accordance with policies of the Board of Health.

   (C)   The employees of the animal control program shall:

      (1)   Have the responsibility, along with law enforcement agencies, to enforce all laws of the state and all ordinances of the county pertaining to animals, and shall cooperate with all law enforcement officers within the county in fulfilling this duty;

      (2)   Enforce and carry out all laws of the state and all ordinances of the county pertaining to rabies control;

      (3)   Be responsible for the investigation of all reported animal bites, the quarantine of any domestic animal involved and suspected of having rabies, for a period of not less than ten days, and for reporting to the Health Director as soon as practical the occurrence of any animal bite and the condition of any quarantined animal;

      (4)   Be responsible for the seizure and impoundment, where deemed necessary, of any dog or other animal in the county involved in a violation of this chapter or any other county ordinance or state law;

      (5)   Investigate cruelty or abuse with regard to animals;

      (6)   Make such canvasses of the county, including homes within the county, as necessary for the purpose of ascertaining compliance with this chapter or state statute;

      (7)   Keep, or cause to be kept, accurate and detailed records of the following:

         (a)   Seizure, impoundment, and disposition of all animals coming into the custody of the animal control program;

         (b)   Bite cases, violations, complaints, and investigations of same;

         (c)   All money belonging to the Health Department and/or county which were derived from fees, penalties, license tags, the sale of animals, or sources other than taxes; and

         (d)   Any other matters deemed necessary by the Health Director.

      (8)   Be empowered to issue notices of violation of this chapter in the form as the Health Director may prescribe.

(Ord. passed 10-6-2008)

ANIMAL CRUELTY

§ 90.015 UNLAWFUL ACTS SPECIFIED.

   (A)   It shall be unlawful for any person to maliciously molest, torture, torment, deprive of necessary sustenance, cruelly beat in any manner, mutilate, kill, wound, maim, disfigure, injure, poison, burn or scald with any substance, drown, abandon, or subject to conditions detrimental to its health or general welfare, 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 the terms shall not be construed to prohibit the lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, nor to prohibit the animal control officers, or persons duly authorized by the Health Director or veterinarians, from destroying dangerous, unwanted, or injured animals in a humane manner, nor to prohibit the lawful use of animals for scientific research.

   (B)   It shall be unlawful for any person to, in any manner, tease, annoy, disturb, molest, or irritate an animal that is confined to the owner’s premises.

   (C)   It shall be unlawful for any owner or keeper to fail to provide his or her animal(s), or an animal entrusted to his or her care, with proper shelter and protection from the weather, sufficient and wholesome food and water to keep his or her animals, or an animal entrusted to his or her care, in good health and comfort, with the opportunity for vigorous daily exercise, humane care, veterinary treatment and care when needed to prevent the spread of infectious diseases, injury, or suffering.

   (D)   It shall be unlawful for any person to tether, chain, or fasten any animal in a manner so as to permit it to be upon any public sidewalk or street, or to leave it unattended while tethered, chained, or fastened on public property. It shall be unlawful to tether, chain, or fasten an animal in a manner so as to cause it injury or pain, or not permit it to reach shelter, food, and water.

   (E)   Tethers shall be fastened to a collar (not choke chain or pinch collar) or harness on the animal, and snapped to a D-Ring on the collar or harness. The tether must have a swivel at the collar to prevent entanglement and shall be of appropriate length and weight for the size of the animal, as determined by the Health Director, or his or her designee.

(Ord. passed 10-6-2008) Penalty, see § 90.999

§ 90.016 FOOD, DRINK, SHELTER, CARE.

   Proper food, drink, shade, shelter, and care shall require that:

   (A)   Each animal shall, at suitable intervals, and at least once every 24 hours, receive a quantity of wholesome foodstuff suitable for the species’ physical condition and age, and sufficient to maintain an adequate level of nutrition for the animal;

   (B)   Each animal shall have continuous access to a supply of clean, fresh, potable water, and the water shall be either free-flowing or in a receptacle. If water pans or dishes are used, the pans or dishes shall have weighted bottoms or be mounted or secured in a manner that prevents tipping;

   (C)   Each animal shall have convenient access to shelter appropriate to the species throughout the year. Any artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and shall be of sufficient size to permit the animal to enter, stand, turn around, and lie down in a natural manner. (See § 90.018 for details on shelter size requirements.) Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, does not comply with this section. The shelter and any other spaces accessible to the animal, and all bedding for the animal, shall be dry and maintained in a manner which minimizes the risk of the animal contracting diseases, being injured, or becoming infested with parasites. Examples of unacceptable shelter include, but are not limited to, the following:

      (1)   Underneath outside steps;

      (2)   Decks or stoops;

      (3)   Underneath houses;

      (4)   Inside or underneath motor vehicles;

      (5)   Inside cardboard boxes;

      (6)   Inside metal barrels;

      (7)   Inside temporary animal carriers or crates;

      (8)   Shelters located in flood-prone areas; or

      (9)   Shelters surrounded by waste, debris, obstructions or impediments that may endanger an animal.

   (D)   (1)   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (2)   ACCEPTABLE ADEQUATE SHELTER. An enclosure having at least three solid sides, a roof, and a solid floor;

   (E)   Each animal shall receive care and medical treatment for debilitating injuries, parasites, and disease, sufficient to maintain the animal in good health and to minimize suffering; and

   (F)   The living area for each animal being kept confined or restrained shall have adequate drainage so that the animal shall be free to walk or lie down without coming in contact with standing water.

(Ord. passed 10-6-2008) Penalty, see § 90.999

§ 90.017 DECLAWED CATS.

   Declawed cats (cats with front and/or hind claws removed) shall not be permitted as outdoor pets, and shall be kept strictly indoors.

(Ord. passed 10-6-2008) Penalty, see § 90.999

§ 90.018 ANIMAL ENCLOSURE.

   (A)   An animal’s primary enclosure shall be constructed of material and in a manner so as to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition.

   (B)   When an animal is confined, the following minimum space requirements shall be used:

Size of Dog	Pen Size (square feet)
Extra large	48
> 26 in. at withers, or > 75 lbs
Large	40
> 20 in. up to 26 in. at withers, or not > 75 lbs.
Medium	32
> 12 in. up to 20 in. at withers, or not > 50 lbs.
Small	24
12 in. or less at withers, or not > 20 lbs.

 

   (C)   Primary enclosures for cats shall be structurally sound, maintained in good repair and in a manner to prevent injury to cats and to keep other animals out. Each feline older than six months housed in any primary enclosure shall be provided a minimum of four square feet of floor space which may include elevated resting surfaces. Each feline younger than six months shall be provided one and one-half square feet. In all cat enclosures, a receptacle containing clean litter shall be provided for waste. A minimum of one receptacle per three cats is required. No more than 12 cats shall be housed in the same primary enclosure.

(Ord. passed 10-6-2008) Penalty, see § 90.999