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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
(A) When animals are kept within the corporate limits, the building, structure, corral, pen or enclosure in which they are kept shall at all times be maintained in a clean and sanitary condition and it shall be a civil offense for the owner thereof to keep the same otherwise.
(1994 Code, § 10-105)
(B) No animal shall be kept or confined in any place where the food, water, shelter and ventilation are not adequate and sufficient for the preservation of its health, safe condition and wholesomeness for food if so intended. All feed shall be stored and kept in a rat-proof and fly-tight building, box or receptacle.
(1994 Code, § 10-106)
(C) No animal shall be kept in such a place or condition as to become a nuisance either because of noise, odor, contagious disease or other reason.
(1994 Code, § 10-107)
(D) When animals are kept within the corporate limits, the building, structure, corral, pen or enclosure in which they are kept shall be a minimum of five feet from any lot lines abutting alleys, streets or public right-of-ways.
(Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993; Ord. 860, passed 10-26-2020)
Penalty, see § 90.99
(A) No person shall have, sell, keep or maintain any wild, exotic, dangerous or non- domesticated animal or reptile without first applying to and receiving from the city a permit to do so; provided, however, the keeping or maintenance of such animal shall conform to any applicable zoning regulations as well as any applicable state and/or federal regulations.
(1994 Code, § 10-108)
(B) (1) The animal control officer and/or any police officer are hereby authorized to apprehend any wild animal that may be at large within the city. Such wild animal may be impounded, released in wild areas outside the city or destroyed as the animal control officer, in his or her discretion, shall determine subject to the applicable state laws. Animal control officers are authorized to use any tranquilizer guns, firearms or any other suitable devices to subdue or destroy any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or the public health and safety.
(2) Any animal brought into the city for purposes of display in any carnival, menagerie or circus shall be fully confined in a secure cage and shall not be removed from the cage under any circumstances.
(1994 Code, § 10-109)
(C) Permit costs.
(1) An application shall be completed at City Hall and submitted with proof of veterinarian care and photos of said animal.
(2) A minimal fee of $5 shall be charged for each permit. Permit will be per animal and approval shall be at the discretion of the Animal Control Officer and/or City Manager. This permit will renew annually and expire one year from the permit receipt.
(3) Evidence of wild animal registration shall be kept at City Hall in perpetuity and a decal will be required to be displayed on the window nearest the front door of the property of residence to provide advanced notice to all first responders including but not limited to law enforcement officer, EMTs, etc.
(D) It shall be unlawful for any person in the city to harbor or keep in his possession or under his control any feral animal.
(Ord. 409, passed 2-24-1986; Ord. 831, passed 5-20-2019; Ord. 846, passed 12-16-2019) Penalty, see § 90.99
It shall be a civil offense for any person to poison or to trap any animal or aid, abet or assist in the poisoning or trapping or the putting out or placing of poison or a trap at any point or place outside of buildings within the corporate limits of the city where dogs, cats or other domesticated animals may secure or encounter the same; provided, however, in instances where any animal by reason of damage to property, danger to life or threat to public health becomes a nuisance, a live, humane trapping method approved by the City Commissioners may be used.
(1994 Code, § 10-110) (Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993) Penalty, see § 90.99
No person shall place or leave the carcass of any dead animal or fowl in any street, alley or lot or allow the same to remain on his or her lot.
(1994 Code, § 10-111) (Ord. 409, passed 2-24-1986) Penalty, see § 90.99
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