(A) A public nuisance animal shall mean and include any animal that:
(1) Is repeatedly found at large;
(2) Damages the property of anyone other than the owner;
(3) Is declared a dangerous animal;
(4) Attacks without provocation;
(5) Excessively makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept;
(6) Creates unsanitary conditions or offensive and objectionable odors in enclosures or surroundings and thereby creates unreasonable disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept; or
(7) Is not being kept in conformity with city zoning ordinances.
(B) Any such public nuisance animal may be impounded and/or the owner charged for a violation of this chapter. The city's zoning requirements are found in Title XV of this Code of Ordinances.
(C) Feral cats.
(1) The city may establish a fund, provide services, or an approved assistance program to offset the costs of trapping, neutering, and vaccinating captured feral cats that can be returned to an appropriate, controlled, protected and registered colony site. Caregivers for such colonies, whether one or several animals, may be aided by the city or county or the approved assistance program in providing traps for the capture of the cat, transportation to a spay/neuter facility and offsetting costs, to the extent that funding is available.
(2) Each feral cat colony will be registered by the caregivers with Low Cost Spay Neuter Clinic, Inc. which will maintain current and historical information on caregivers, education for new caregivers, and assistance for persons found in violation of this chapter.
(3) Approved assistance programs for feral cat colonies within the county will exist only with the approval of the home owner or neighborhood association, if applicable, in which the colonies are to exist.
(4) It shall be unlawful for a person to provide food, water or shelter to a colony of feral cats, unless:
(a) The colony is an approved managed colony, registered with Low Cost Spay Neuter Clinic, Inc.;
(b) The food, water or shelter is provided in conjunction with the implementation of trap, neuter, and return methodology as set forth below; and
(c) The caregiver is using ear tipping on feral cats in order to be identified as a spayed or neutered and a vaccinated member of a managed colony.
(5) An approved feral cat colony caretaker, in order to obtain control of the feral cat population in the county shall:
(a) Humanely trap and sterilize (spay/neuter) and left ear-tip all cats that can be captured by an authorized veterinarian.
(b) Vaccinate, as required by law, all cats that can be captured:
1. Against rabies, preferably with a three-year vaccine; and
2. Any other infectious disease as mandated by law.
(c) Colony caretakers shall have a licensed veterinarian evaluate the health of all trapped feral cats. Seriously ill or injured cats with no reasonable prognosis for humane rehabilitation for survival outdoors will be humanely euthanized.
(d) Release all non-feral cats to animal control or humane society for adoption or placement in accordance with the law.
(e) Make every attempt to remove kittens from the colony by eight weeks of age for domestication, spay/neuter, and placement.
(f) Make every attempt to remove sick or injured cats from the colony for immediate veterinary care or humane euthanasia.
(6) Colony caretakers shall:
(1) Abide by the standard guidelines devised by this chapter, animal control or its designee, regarding the provisions of food, water, and shelter and veterinary care for the cats within the managed colony.
(2) Ensure responsibility and arrangements for feeding the cat colony regularly throughout the year, including weekends, holidays and vacations of the feral cat caregiver.
(3) Maintain proof of sterilization, vaccination, tattoo or implant and medical records from a licensed veterinarian at all times. These records must be provided to the Humane Society, Low Cost Spay Neuter Clinic Inc., or law enforcement upon request.
(7) Any law enforcement authority may impound feral cats in violation of this section. Any feral cats impounded by law enforcement authority that bears an appropriate eartipping indicating it belongs to a managed colony may, at the discretion of law enforcement be returned to its managed colony unless illness or injury present an imminent danger to public health or safety.
(8) Any person or caregiver determined to be in violation of division (C)(4), (5) or (6) shall be issued a written warning and be allowed a period of time to come into compliance or provide satisfactory evidence of working to achieve compliance. Failure to comply shall result in a violation of this chapter.
(Ord. 092120C, passed 10-19-20)