Section
General Provisions
90.01 Definitions
90.02 Running at large prohibited
90.03 Vicious animals other than dogs and cats
90.04 Livestock or fowl
90.05 Pen, enclosure to be kept clean; adequate provisions; nuisances
90.06 Wild/feral animals
90.07 Poisoning or trapping of animals prohibited
90.08 Dead animals
90.09 Rabies; hydrophobia; duty of owner, custodian; procedure in suspected cases
90.10 Cruel treatment prohibited
90.11 Inspections of premises
90.12 Female canines to be confined when in heat
Dogs and Cats
90.25 Rabies vaccination required
90.26 Voluntary animal registration
90.27 Running at large prohibited and authority to seize
90.28 Vicious dogs to be securely restrained
90.29 Noisy dogs prohibited
90.30 Nuisance defined; actions constituting a nuisance
90.31 Ignorance of dog’s or cat’s habits no defense
90.32 Pound to be provided
90.33 Impoundment
90.34 Disposition of fees, civil penalties and the like
Pit Bulls
90.45 Definitions
90.46 Restrictions
90.47 Standards and requirements
90.48 Sale or transfer of ownership prohibited
90.49 Animals born of registered dogs
90.50 Rebuttable presumptions
90.51 Failure to comply
90.99 Penalty
GENERAL PROVISIONS
ABANDON. Forsake, desert or absolutely give up an animal previously under the custody or possession of a person without having secured another owner or custodian or by failing to provide one or more or the elements of adequate care for a period of 24 hours or more consecutive hours.
ADEQUATE CARE. The reasonable practice of good animal husbandry, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of animal and the provision of veterinary care when needed to prevent suffering, disease, or the impairment of health. ADEQUATE CARE shall also include the following obligations of care: adequate food, adequate water, adequate exercise, adequate shelter, adequate space and adequate veterinary care.
ADEQUATE SHELTER. The provision of an access to shelter that is:
(1) Suitable for the species, age, condition, size and type of animal;
(2) Provides adequate space for said animal;
(3) Is safe and protects each animal from injury, inclement weather, excessive heat and or sunlight.
ANIMAL CONTROL OFFICER. The person or persons employed or designated by the City Manager as the municipality’s enforcement officer.
ANIMAL SHELTER. Any premises designated by action of the city for the purpose of impounding and caring for all animals found running at large in violation of this chapter.
AT LARGE. Any animal shall be deemed to be AT LARGE when he or she is off the property of his or her owner and not under control of a competent person.
CHICKEN. A common domestic fowl (Gallus gallus domesticus) or its young.
CHICKEN RUN. An outdoor enclosed or fenced area where chickens feed or exercise.
COOP. A cage or roofed enclosure in which chickens are kept.
EXPOSED TO RABIES. An animal which has been exposed to rabies within the meaning of this chapter if it has been bitten by or been exposed to, any animal known to have been infected with rabies.
FERAL ANIMALS. Any domesticated animal such as a dog or a cat that has returned to live in wild conditions.
FOWL. Any domesticated bird such as game cocks and hens, chickens, ducks and the like, but it shall not include birds used as household pets that are kept inside the house.
HEN. Female adult chicken.
KENNEL. Any person, group of persons or corporations engaged in breeding, buying, selling or boarding of dogs or cats.
LIVESTOCK. Swine, cattle, goats or any other domestic animal kept for use on a farm or raised for sale or profit.
OWNER.
(1) Any person having a right of property in an animal, or who keeps or harbors an animal or who has it in his or her care, or acts as its custodian or who permits an animal to remain on or about the person's premises. If an animal has more than one owner, all owners are jointly and serially liable for the acts or omissions of an owner.
(2) DEEMED OWNER. If any dog er cat is found on the premises of any person for a period of ten days or more, this shall be prima facie evidence that such dog or cat belongs to the occupant of such premises. Any person keeping or harboring a dog or cat for ten consecutive days, shall for the purposes of this chapter, be declared to be the owner thereof and liable for violations of this chapter.
RESTRAINT. A dog or cat is under RESTRAINT, within the meaning of this chapter, if he or she is controlled by a leash, under control of a competent person and obedient to that person’s commands, on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
ROOSTER. Male adult chicken.
SPAYED FEMALE. Any bitch which has been operated upon to prevent conception.
(1994 Code, § 10-101) (Ord. 409, passed 2-24-1986; Ord. 425, passed 3-5-1987; Ord. 846, passed 12-16-2019; Ord. 860, passed 10-26-2020)
It shall be unlawful for any person owning or being in charge of any cows, swine, sheep, horses, mules, goats or any chickens, ducks, geese, turkeys or other domestic fowl, cattle or livestock, knowingly or negligently to permit any of them to run at large in any street, alley or unenclosed lot within the corporate limits.
(1994 Code, § 10-102) (Ord. 409, passed 2-24-1986) Penalty, see § 90.99
No one shall keep, possess or harbor a vicious animal in the city. It shall be the duty of any animal control officer or police officer to impound any such animal and, if impoundment cannot be made with safety to the animal control officer, police officer or other citizens, the animal may be destroyed.
(1994 Code, § 10-103) (Ord. 409, passed 2-24-1986) Penalty, see § 90.99
It shall be unlawful for any person to keep, harbor or confine any livestock or type of fowl in any building, structure, shed, corral, pen or enclosure within the corporate limits of the city, except:
(A) Where such animals are being kept at a licensed stock show, lasting not longer than ten days; and/or
(B) Where such animals are kept at a licensed slaughterhouse, recognized stockyard or processing facility where swine or fowl are kept for a period of not more than four days.
(C) Keeping near a residence or business restricted. No person shall keep any animal or fowl except cats enumerated in the preceding section to come within 1,060 feet of any residence, place of business, and public street without a permit from the Codes Enforcement Officer. The Codes Enforcement office shall issue a permit only when in his sound judgement the keeping of such animals in a yard of building under the circumstances as set for in the application for the permit will not injuriously effect the public health. In no case shall a permit be issued to keep a rooster.
(D) Keeping in such a manner as to become a nuisance is prohibited. No animal or foul shall be kept in such a place or condition as to become a nuisance because of either noise, odor, contagious diseases, or other reason.
(E) Inspection of premises. For the purpose of making inspections to insure compliance with the provision of this chapter, the Codes Enforcement officer or authorized representative, shall be authorized to enter an any reasonable time, any premises where he has reasonable cause to believe an animal or fowl is being kept in violation of this chapter.
(F) Limitations as to number of livestock and or fowl being allowed within the city limits of the City of Etowah. Property owners wishing to maintain livestock and or fowl shall meet the following requirements to be allowed to apply for a livestock/fowl permit with the City of Etowah Codes Enforcement Officer.
Animal | Number permitted per lot | Minimum lot size | Minimum distance to nearest residence | Dedicated area per animal |
Horse/Cattle | 2 | 5 acres | 60 feet | 2 acres |
Goats/Sheep | 6 | 5 acres | 60 feet | 2 acres |
Hens | 4 | No minimum | No minimum | 4 square feet per hen in coop plus 10 square feet per hen in enclosed run |
(G) Application for livestock/fowl permit. Application for a livestock/fowl permit can be obtain at the office of the City of Etowah Code Enforcement Officer. There will be no fee for this permit; permitting is for registration and maintenance of property locations and owners.
(1994 Code, § 10-104) (Ord. 409, passed 2-24-1986; Ord. 425, passed 3-5-1987; Ord. 810, passed 12-18-2017; Ord. 860, passed 10-26-2020) Penalty, see §
90.99
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