A. Unlawful Acts: It is unlawful for any person to:
1. Harbor or keep within the municipality any lost or stray dog (except for an animal welfare organization). Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the town clerk or animal control officer, who shall impound such dog for running at large contrary to the terms of this chapter. If there shall be attached to such dog a license tag for the current fiscal year, the animal control officer shall notify the person to whom such license was issued at the address given in the license;
2. Overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhuman manner, any animal or cause any of these acts to be done;
3. Fail to provide any animal in his charge or custody with necessary sustenance, drink and protection from the elements, or cause any of these acts to be done;
4. Maintain any place where fowl or any animals are suffered to fight in an exhibition or for sport upon any wager;
5. Intentionally exhibit any stud, horse or bull or other animal indecently, or let any male animal to any female animal for the purpose of providing entertainment or viewing to any person;
6. Keep, harbor or allow any animal to be within any water storage area (or otherwise legally appointed) either now existing or in the future;
7. Chain, stake out or tether any animal in a public place unless the animal is properly restrained so that the animal poses no threat of contact with an individual engaged in a normal and expected activity.
B. Animals Running At Large:
1. No cattle, horses, mules, sheep, goats, swine or other domesticated animals shall be allowed to run at large or to be herded, picketed or staked out upon any street, sidewalk or other public place within the limits of this municipality, except as allowed in this chapter. All such animals so found may be impounded. Nothing herein contained shall be so construed as to prevent any person from driving cows, horses, mules, or other animals from outside the municipal limits to any enclosure within the municipal limits or from any enclosure in the municipality to a place outside the municipality, or from one enclosure to another within the limits of the municipality. Nor shall this section be so construed as to prohibit any person from picketing or staking horses, cattle and similar domestic animals in the green portions of public rights of way and in other similar areas susceptible to grazing, provided such act is done in such a manner so as to prevent such animals from coming upon the sidewalks and traveled portion of any streets, and so as not to constitute a nuisance or a menace to the public health and safety.
2. It shall be unlawful for the owner or keeper of any dog to permit such dog to run at large.
3. It shall be unlawful for an owner of a dog to permit such dog to go upon or to be upon the private property of any person without the permission of the owner or person entitled to the possession of such private property.
4. It shall be unlawful for an owner of a dog to permit such dog to go upon or to be upon public property without a leash.
5. The owner of any dog running at large shall be deemed in violation of this section regardless of the precautions taken to prevent the escape of the dog and to prohibit it from running at large.
6. Any dog running at large in violation of the provisions of this section is declared to be a nuisance and a menace to the public health and safety, and the dog shall be taken up and impounded as provided in this chapter.
7. Procuring a permit and tag shall not authorize the running at large of said dog. The fact that such dog runs at large by reason of some other person's actions or failure to act, or by event or circumstance, shall not be a defense to prosecution under this section.
8. It is unlawful for any person to chain, stake out or tether any animal on unenclosed premises unless done so securely and in such a manner that the animal may not go beyond the property line unless such person has permission of the owner of the affected property.
9. It is unlawful for any person to take, or permit, any animal, whether loose, or on a leash or in arms, in or about any establishment or place of business where food products are sold or displayed, including, but not limited to, restaurants, grocery stores, meat markets, fruit or vegetable stores, except dogs referred to in subsection 5-1-4A6b of this chapter.
10. It shall be unlawful for an owner of a dog to permit such dog to go upon or to be upon public property where a program, meeting or special event is in progress, except dogs referred to in subsection 5-1-4A6b of this chapter.
C. Female In Heat To Be Enclosed: The owner of a female dog in heat shall cause such dog to be penned or enclosed in such a manner as to preclude other dogs from attacking such female dog or being attracted to such female dog so as to create a public nuisance.
D. Rabies Vaccination Required: The owner of any dog over the age of three (3) months within the municipality shall have the dog vaccinated against rabies by a duly licensed veterinarian, shall secure from the veterinarian a certificate thereof, and shall attach to the collar or harness, which such person is required to place upon the dog, a tag showing that such vaccination has been done.
E. Reporting Of Rabid Animals: Anyone having knowledge of the whereabouts of an animal known to have, or suspected of having, rabies shall report the fact immediately to the county health officer or animal control officer. The county health officer or animal control officer shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal.
F. Biting Animal Quarantined For Observation: Any dog or animal of a species subject to rabies, which is known to have bitten or injured any person so as to cause an abrasion of the skin, shall be placed in confinement under observation of a veterinary hospital or the municipal pound and shall not be killed or released until at least fourteen (14) days after the biting or injury has occurred in order to determine whether or not the animal has rabies. If the animal dies or has been killed, its head shall be removed and immediately taken to the state health laboratory or other appropriate laboratory to be examined for rabies.
G. Rabies Contacts Quarantined: Any animal of a species subject to rabies, which has been bitten by a known rabid animal or has been in intimate contact with a rabid animal, shall be isolated in a suitable place approved by the animal control officer for a period of one hundred twenty (120) days or destroyed.
H. Dog Off Premises Without Vaccination Prohibited: It is unlawful for the owner of any dog to suffer, allow or permit such dog to be or go upon any sidewalk, street, alley, public place or square within the municipality without first having had such dog vaccinated against rabies as provided in this section and without there being on such dog a collar or harness with a tag thereon showing that such dog has been so vaccinated.
I. Dogs Disturbing Neighborhood Prohibited: No person, persons, firm or corporation shall own, keep or harbor any dog which by loud, continued or frequent barking, howling, yelping or by noxious or offensive odors shall annoy, disturb or endanger the health and welfare of any person or neighborhood, nor any dog which molests passersby, chases vehicles, habitually attacks or destroys other domestic animals, or trespasses upon school grounds or upon private property in such a manner as to damage property. A violation of this section shall be a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, and such is declared to be a nuisance, and each day a violation is permitted to exist or to continue shall constitute a separate offense. This section shall not apply to the municipal dog pound, veterinary hospitals or medical laboratories.
J. Abandonment Of Animals Unlawful: It is unlawful for any person to abandon or turn out at large any sick, diseased or disabled animal, but such animal shall, when rendered useless by reason of sickness or other disability, be killed and its carcass disposed of by the owner thereof in such a manner as to not create a nuisance or hazard to health.
K. Trespassing Animals And Fowl: It is unlawful for any owner or caretaker of any domestic fowl or animal to permit such fowl or animal to trespass upon the premises of another person.
L. Killing Or Poisoning Animals Prohibited: It is unlawful for any person wilfully to kill any domestic fowl or animal, or to administer poison to any such fowl or animal, or to expose any poisonous substance with the intent that it shall be taken by any such fowl or animal.
M. Keeping Animals For Fighting Unlawful:
1. It is unlawful for any person, firm or corporation to raise, keep or use any animal, fowl or bird for the purpose of fighting or baiting; and for any person to be a party to, or be present as a spectator at, any such fighting or baiting of any animal or fowl; and for any person, firm or corporation to knowingly permit the use of his buildings, sheds, rooms, yards, grounds or premises for these purposes.
2. Law enforcement officers, or animal control officials, may enter any building or place where there is an exhibition of fighting or baiting of live animals, or where preparations are being made for such an exhibition, and the law enforcement officers may arrest persons there present and take possession of all animals being prepared to fight, engaging in fighting or found for the purpose of fighting, along with all implements and other paraphernalia used in such exhibition. This provision shall not be interpreted to authorize a search or arrest without a warrant when such is required by law.
3. A violation of this subsection M is a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code.
N. Malicious Impounding: It is unlawful for any person to maliciously secret or impound the animal of another.
O. Removal Of Dead Animals: The owner of any animal or fowl that has died, or been killed, shall remove, or bury, the carcass of such animal within ten (10) hours after its death. No horse, cow, ox or other such large animal shall be buried on the owner's real property if it is less than two (2) acres. A violation of this subsection is a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code.
P. Possession Of Diseased Animals For Sale Unlawful: It is a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to bring into the municipality for sale, or have in his/her possession with intent to sell or offer for sale, any fowl or animal which has a communicable disease or which has been exposed to or which is liable to carry infection from a communicable disease.
Q. Unlawful Sale Of Animals:
1. Rabbits Or Fowl: It is unlawful for any person to sell, offer for sale, barter or give away any baby rabbits or fowl under two (2) months of age in any quantity more than six (6). Such animals shall not be artificially dyed or colored. Nothing in this section shall be construed to prohibit the raising of such rabbits or fowl by a private individual for his personal use and consumption, subject to the requirements of the town zoning ordinance. Any person raising rabbits or fowl shall maintain proper containment of such animals while they are in his possession.
2. Premiums And Novelties: It is unlawful for any person or pet shop to raise or sell any "Pseudyms script aelegans", of "P. troostii" family, "Testudinidae", pet turtles.
3. Dogs: It is unlawful for any person to board, breed, or harbor dogs for financial gain without first obtaining a business license.
R. Trapping Prohibited; Exceptions: It shall be a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to trap, set a trap or engage in trapping in this municipality, except that the mayor may so authorize, where it is deemed by the mayor to be in the best interests of the municipality. Nothing herein contained shall be construed so as to prevent any person from trapping with a live trap.
S. Family Food Production Or Recreational Animals: It is unlawful to keep more than four (4) large animals (horses, cattle, llamas) and their offspring of less than six (6) months, or not more than five (5) small animals (sheep, goats) and their offspring of less than six (6) months, or not more than one hundred (100) domestic fowl for each lot of one-half (1/2) acre of five-eighths (5/8) acre. A proportionate increase is allowed based upon a ratio of that property to one and one-fourth acres. All animals are to be maintained in a husband like manner. (Ord. 01-01, 7-6-2001; amd. 2003 Code; Ord. 03-02, 1-30-2003; Ord. 04-03, 4-8-2004; Ord. 13-01, 3-5-2013; Ord. 20-01, 3-3-2020)