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(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
(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
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
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
(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) |
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
(A) (1) Each animal shall have reasonable access to shelter appropriate for its state of health. Animals in a normal state of health, as determined by the Health Director, or his or her designee, may be maintained in a pasture environment where natural shelter provides sufficient protection from sun, wind, rain, and other inclement weather. Where this is not available, or for animals in a debilitated state of health, access to a human-made shelter is required. These shelters are to be maintained so as to minimize the opportunity for injury.
(2) Outdoor shelters shall have a minimum of three sides and a waterproof roof sufficient to allow two feet of clearance from the animal’s head in an erect position. Space requirements are 150 square feet per horse. Drainage must be sufficient to maintain the animal’s feet in a dry condition.
(B) Fencing is to be maintained to ensure that the animal is securely enclosed at all times, and that the opportunity for injury is minimized.
(C) Each animal shall have unlimited access to a source of clean water. Each animal shall have sufficient hay, grain, pasture or other feedstuff available on a continuous basis to maintain its normal body weight as determined by the Health Director, or his or her designee.
(D) (1) Each animal’s hooves shall be maintained on a regular basis to avoid malformation. Animals with specific hoof conditions requiring specialized treatment shall be provided that service on a regular basis.
(2) Each animal shall receive deworming products sufficient to avoid malnourishment as a result of parasite infestation.
(3) Minimum vaccination requirements shall include, but are not limited to, rabies vaccination.
(4) Animals in a debilitated state shall have access to appropriate veterinary care and treatment in order to minimize pain and suffering.
(5) In the event that it is determined that the animal can no longer live a productive pain free life, it is the responsibility of the owner to ensure that the animal is disposed of, or euthanized, in a humane manner.
(6) If the animal is euthanized on the owner’s property, it is the responsibility of the owner to see that the animal is buried within 24 hours of its death, at least 100 feet away from any water source, and that the carcass is covered with at least three feet of earth.
(7) If the owner of the animal is not able to euthanize and/or dispose of the carcass, county Animal Control may make those arrangements for the owner and bill the owner for expenses incurred.
(8) The driver of any vehicle which injures or kills an equine domestic animal should inform the owner of the animal or, failing that, should inform local law enforcement or county Animal Control.
(Ord. passed 10-6-2008) Penalty, see § 90.999
When an animal is transported in a motor vehicle, the owner or driver is responsible for maintaining control of the animal at all times during transport, which shall include having the animal under the owner’s or driver’s restraint when released from the vehicle in a public place, with the exception of law enforcement dogs or hunting dogs being released on public game lands.
(Ord. passed 10-6-2008) Penalty, see § 90.999
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