Article 1:  General Provisions
   3-1.   Definitions
   3-2.   Animal Control Officer
Article 2:  Licensing Provisions
   3-15.   License and registration required
   3-16.   Unlawful removal of collar and/or tag
Article 3:  Animals at Large or Diseased
   3-30.   Owners cited
   3-31.   Impoundment or destruction
   3-32.   Disposition of diseased animals
   3-33.   Rabies or suspected rabies
Article 4:  Care and Maintenance
   3-45.   Animal care
   3-46.   Kennel operation prohibited
   3-47.   Dog run locations
   3-48.   Nuisance animals
   3-49.   Disturbing animals
   3-50.   Noisy animals; complaint procedure
   3-51.   Duty of driver upon striking a pet animal
Article 5:  Waste Disposal
   3-60.   Waste disposal
Article 6:  Exotic and Vicious Animals
   3-70.   Exotic and vicious animals
   3-71.   Procedure
Article 7:  Livestock and Large Animals
   3-80.   Running at large prohibited
   3-81.   Impoundment and sale of animals
Article 8:  Police Dogs
   3-90.   Unlawful to harass or taunt
Article 9:  Conflicts
   3-100.   Zoning ordinance to prevail
   3-120.   Penalty
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACRE.  Property containing 43,560 square feet.
   ANIMAL CONTROL OFFICER.  The Chief of Police, his or her designee or another person or persons employed by the city as its enforcement officer in the impoundment of animals, controlling of animals running at large, and as otherwise provided or required in this chapter.
   ANIMAL SHELTER.  Any premises designated by action of the Council for the purposes of impounding and caring for animals.
   AT LARGE or RUNNING AT LARGE.  Any animal when it is off the property of its owner and not under the control of a competent person.  As applied to dogs, AT LARGE or RUNNING AT LARGE means:
      (1)   OFF PREMISES.  Off the premises of its owner and not securely and physically restrained by means of chain, cord, harness, leash, rope or other device required to restrain the animal.  Any animal within an automobile or other vehicle of its owner or owner’s agent shall not be deemed running at large.
      (2)   ON PREMISES.  On the premises of the owner and not confined or at heel on those premises.  Underground electronic fencing is acceptable, however, a sign must be clearly posted near the driveway of the residence.
   DOMESTIC BIRDS.  Canaries, parrots, parakeets, mynah birds, peacocks, birds of paradise or other birds tamed to the household or pertaining thereto.
      (1)   As used in this chapter, unless the context requires otherwise, any animal which is usually not a domestic animal and which can normally be found in the wild state, with or without vicious propensities.  For purposes of this chapter, the list would include, but not be limited to the following.
      (2)   Within the scientific order, Carnivora; animals of the scientific family:
         (a)   Canidae, such as wolves, coyotes and jackals;
         (b)   Hybrids, any animal bred with an animal not from its own species; domestic dog bred with a wolf or wolf hybrid.
         (c)   Felidae, including but not limited to the genetic lineages:  lynx, such as lynxes and bobcats; ocelot, such as ocelots and margay; panthers, such as lions, tigers, leopards and jaguars; puma, such as cougars (mountain lions) and cheetahs.
         (d)   Hyaenidae, such as hyenas.
         (e)   Ursidae, such as bears.
         (f)   Exotic animals would also include the Macaque genus primates (Asiatic monkeys).
         (g)   EXOTIC ANIMAL also includes snakes, rear-fanged and constrictors and anacondas, such as:  Boidae, such as boa constrictors and anacondas.  Elapidae, such as cobras and death adders. Pythonidae, such as pythons.  Viperidae, including both true vipers and pit vipers, such as adders, asps, rattlesnakes, copperheads and cotton mouths.
   EXPOSED TO RABIES.  Any animal that has been bitten by, or exposed to any other animal known to have been infected with rabies and also any animal that has bitten a human or any other animal.
   FOWL.  Chickens, guineas, geese, ducks and pigeons.
   IMPOUNDMENT.  Placing an animal in the animal control vehicle or unit or holding an animal in custody at the animal control shelter.
   KEEPER or OWNER.  Any person, family, firm or corporation owning or actually keeping, having, using or maintaining any of the animals herein referred to.
   KENNEL.  Any place where any combination of four or more dogs older than four months of age are sheltered, fed and watered.
   LARGE ANIMALS OR LIVESTOCK.  Horses, mules, donkeys, cattle, goats, sheep or any other animal of similar size or stature.
   NEUTER.  To render a male dog or cat unable to reproduce.
   NUISANCE.  The conduct or behavior of any small or large animal, or dog which molests passers- by or passing vehicles; attacks other animals; damages private or public property; barks, whines, howls, crows or makes other noises in an excessive, continuous fashion which annoys the comfort, repose, health or safety of the people in the community; unconfined in season.
   PERMIT.  The permit issued by the City Clerk upon approval of the city.
   PET ANIMAL. Any animal sold or kept for the purpose of being kept or domesticated as a household pet. PET ANIMAL includes but is not limited to dogs, cats, birds, rabbits, ferrets, hamsters, guinea pigs, gerbils, rats, mice, non-poisonous arachnids, non-poisonous insects, non-venomous snakes and fish.
   POLICE DOG.  For the purpose of this chapter, any dog used by the Police Department in the performance of the function or duties of the Department, or used by any Police Officer on the performance of any of the functions or duties of the Department or of the Police Officer.
   PROVOKE or PROVOCATION.  With respect to an attack by an animal, that the animal was hit, kicked or struck by a person with an object or any part of a person’s body, or that any part of the animal’s body is pulled, pinched or squeezed by a person.
   RABIES.  An acute viral disease of humans and warm-blooded animals that affects the central nervous system, and is usually fatal.
   RAT-PROOF.  The state of being constructed so as to effectively prevent entry of rats.
   RESTRAINT.  An animal is controlled by leash or tether, either of which shall not exceed six feet in length, by a competent person or within any vehicle, trailer or other conveyance being driven, pulled or parked on the street or confined within the property limits of its owner or keeper.
   SANITARY.  Any condition of good odor and cleanliness, which precludes the probability of disease transmission and insect breeding, and which preserves the health of the city.
   SMALL ANIMALS.  Rabbits, hares, guinea pigs, chinchillas, turkeys, fowl, hamsters, pigeons or any other animal of similar size or stature.
   SPAY.  To remove the ovaries of a female dog or cat in order to render the animal unable to reproduce.
   VACCINATION.  An injection of United States Department of Agriculture approved rabies vaccine administered every 12 calendar months by a licensed veterinarian.
      (1)   Any animal which has behaved in a manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to attack or to bite human beings or other animals;
      (2)   Any animal certified by a Doctor of Veterinary Medicine, after observation thereof, as posing a danger to human life, animal life or property upon the basis of a reasonable medical probability;
      (3)   Any animal that commits an unprovoked attack on a person or animal on public or private property; or
      (4)    Any animal, unprovoked, that injures any person in such a manner as to cause severe or great bodily injury.
(Ord. 3198, passed 9-16-08; Am. Ord. 3295, passed 9-6-16)
   The City Manager shall appoint for a period, to be terminated at his or her pleasure, a qualified person to act in the capacity of Animal Control Officer, and he or she, for the purpose of enforcing the provisions of this chapter, shall possess all the powers of a Police Officer.
(Ord. 3198, passed 9-16-08)
   (A)   A license is required by any person owning, keeping, harboring or having custody of any dog or cat over the age of four months within the city limits.
   (B)   Application for license shall be made in person to the city, which shall include name and address of applicant, description of the animal, the appropriate fee and rabies certificate issued by a licensed veterinarian.
   (C)   The license shall be good for a period of one year, if not revoked.  All licenses are renewable on or before July 1, of each year.
   (D)   Application for a license must be made within 30 days after obtaining a dog or cat over the age of four months of age.  This requirement does not apply to a nonresident keeping a dog or cat within the city for less than 60 days.
   (E)   A license shall be issued after the payment of the applicable fee listed in the fee schedule at the end of this code of ordinances.
   (F)   A certification by a licensed veterinarian shall accompany the license request for a spayed or neutered dog or cat.
   (G)   Upon the acceptance of the license application and fee, the licensing authority shall issue a durable tag with an identifying number and the date of expiration.
   (H)   Persons who fail to obtain a license as required within the time period specified in this section would be guilty of a misdemeanor.
   (I)   A duplicate license will be issued for a fee as set out in the fee schedule at the end of this code of ordinances.
   (J)   License fees shall not be required for seeing eye dogs, dogs that have a specific medical purpose or governmental police dogs.
   (K)   No person may use any license for any animal other than the animal for which it was issued.
(Ord. 3198, passed 9-16-08)
   It shall be unlawful for any person to remove any collar or tag from the collar from any animal without the owner’s consent.
(Ord. 3198, passed 9-16-08)
   (A)   Any dog or large animal running at large in the city shall be taken up by the Animal Control Officer and impounded at the animal shelter or other appropriate facility.
   (B)   The Animal Control Officer may, at his or her discretion, cite the owner of the dog or large animal to appear in Municipal Court to answer charges of violation of this chapter.
      (1)   It shall be unlawful for anyone to:
         (a)   Own, keep, possess, harbor or allow to remain on premises, under his or her control, any dog, cat, ferret or any other domesticated animal prone to carry rabies, unless the animal over four months old has a current vaccination against rabies;
         (b)   Allow any female dog in season (estrus) to run at large;  (They shall be kept confined in a manner that the female dog cannot come in contact with other animals, except for controlled breeding purposes.  Female animals picked up by the Animal Control Officer which are in season (estrus) shall be kept separate from male animals at all times);
         (c)   Fail or refuse to deliver to the Animal Control Officer, upon demand, any suspected animal, at-large dog or any animal the keeping or harboring of which is declared to be an offense;
         (d)   Harbor, keep or have possession of any vicious animal or animal which is a nuisance;
         (e)   Remove or fail to affix or attach to the collar or harness worn by dogs a current tag;
         (f)   Keep any animal, wild by nature or dangerous, except when kept by a licensed circus or show or in a zoo or accredited school;
         (g)   Own, keep, possess or harbor any dog outdoors which is not confined in a yard, a substantial and secure pen or under control by leash.  Each time the dog is not restrained, and shall be running at large shall constitute a separate offense.  The Animal Control Officer shall promptly impound each and every dog that is running at large in the city and which is not confined as described herein;
         (h)   Possess any livestock within the corporate city limits, except on areas zoned A-1 or A-2 (City Zoning Ordinance 3131);
         (i)   Possessing hogs, pot-bellied pigs or any type of swine are not allowed in any zoning areas (City Zoning Ordinance 3131); or
         (j)   Have any animal on a rope, cable or chain that is within 15 feet of any sidewalk, street, or public access.
      (2)   It shall be unlawful for the owner, keeper or possessor of any chicken, duck, turkey, goose or other domestic bird or fowl, to permit the same to run at large in the city.  All fowl running at large shall be deemed a public nuisance, and any person allowing his or her domestic fowl to run at large shall be guilty of an offense.  It shall be the responsibility of the Animal Control Officer or police officer to notify the owner/custodian of the fowl to keep the animals contained, and that future violations will be filed with the Municipal Court Judge against the owner/custodian of the animals.
(Ord. 3198, passed 9-16-08)
   (A)   The Animal Control Officer, a police officer or another officer or employee of the city as may be authorized by the City Manager shall take into custody and impound any animal running at large or in violation of any provision of the ordinances of the city.
   (B)   Animals taken into custody will be held for three days (not including legal holidays or Sundays) and may be reclaimed by their owners in that time if the proper fees and requirements have been met for city licensing.  Following the three-day period, any unclaimed animal may be held for an additional four days if the animal is deemed adoptable. After that time has elapsed animals are subject to euthanasia.
   (C)   No dog or cat over four months of age will be released from the shelter without rabies vaccination and city license.  If the animal does not have city license or is not rabies vaccinated, the Animal Control Officer will deliver the animal to the owner at a licensed veterinarian within the city limits for rabies vaccination or by any other means or method.
   (D)   The owner must first pay all impound fees and licensing fees at the Animal Shelter or the City Clerk’s office.  A receipt will be required at time of redemption.
   (E)   In the event a vicious dog is found running at large and cannot be taken up and safely impounded, the dog may be forthwith destroyed by any police officer or Animal Control Officer.
(Ord. 3198, passed 9-16-08)
   In the event any dog or other animal impounded under the provisions of this article shall be found to be suffering from rabies or affected with some other infectious or dangerous disease, the animal shall not be released in any event, and shall be forthwith destroyed.
(Ord. 3198, passed 9-16-08)
   (A)   The owner, upon demand by any city officer or Animal Control Officer empowered to enforce this chapter, shall surrender any animal that has bitten or with their teeth scratched a human, or which is suspected as having been exposed to rabies, for supervised quarantine testing or euthanasia, the expense for which shall be borne by the owner.  The animal may be reclaimed by the owner, if adjudged free of rabies.
   (B)   It shall be unlawful for any owner of a dog, cat or other animal knowing or suspecting the animal has rabies to allow such to be taken off his or her premises or beyond the limits of the city without written permission of the Animal Control Supervisor.  Every owner or other person upon ascertaining a dog or other animal is rabid shall immediately notify the Animal Control Officer or the Police Department who shall remove the animal and summarily destroy it.  The remains are to then be submitted to the State Health Department for testing.
(Ord. 3198, passed 9-16-08)
§ 3-45  ANIMAL CARE.
   (A)   No owner, keeper, or custodian of any animal shall fail to provide animals in their care with sufficient food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment.
   (B)   No person shall beat, cruelly ill treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dog fight, cockfight, bullfight or combat between animals, or between animals and humans and/or the owner may, if found guilty, be fined per § 3-120.
   (C)   No person or persons shall abandon or desert their dog or other animal or permit the animal to become a stray.
   (D)   Any person bringing an animal or animals to the shelter for the purpose of euthanasia or adoption shall pay a fee as set out in the fee schedule at the end of this code of ordinances.  Any person bringing un-weaned, geriatric, diseased or injured animals to the shelter shall also sign a release authorizing the immediate humane euthanasia of the animal or animals.
   (E)   Any person who, as the operator of a motor vehicle, strikes any animal, shall stop at once and render assistance as may be possible or shall immediately report injury or death to the animal owner. If the owner cannot be ascertained and located, the operator shall at once report the accident to the Police Department.
   (F)   No person shall expose any known poisonous substance, whether mixed with food or not, so that same shall be liable to be eaten by an animal, except as provided by state law.  It shall not be unlawful for a person to expose on his or her own property common rat poison mixed only with vegetable substances.
   (G)   Every pen, enclosure, yard, or house where a dog, cat, or any animal is permitted to be shall be maintained in a clean and sanitary condition free from objectionable odors. No person shall allow an accumulation of feces, urine or other waste material to accumulate.
(Ord. 3198, passed 9-16-08)
   (A)   It shall be unlawful for anyone to keep or harbor four or more dogs or cats over the age of four months old.  Exceptions to this chapter are bona fide pet stores, veterinarian clinics, licensed humane societies and the animal shelter.
   (B)   It shall be unlawful for any owner, keeper or custodian of any animals to allow more than one litter of puppies, or kittens to be at any one residence, at any one time.
(Ord. 3198, passed 9-16-08)
   No dog runs, or any other establishment wherein animals are kept, shall be maintained closer than 40 feet to any occupied structure other than that occupied by the owner or occupant of the premises where the animal is kept.
(Ord. 3198, passed 9-16-08)
   (A)   No owner of any animal within the city shall fail to exercise proper care and control of the animal to prevent it from becoming a public nuisance.
   (B)   For the purpose of this section, an animal shall constitute a public nuisance if it:
      (1)   Molests passers-by or passing vehicles;
      (2)   Trespasses on school grounds;
      (3)   Is repeatedly at large;
      (4)   Damages private or public property;
      (5)   Whines or howls in an excessive, continuous or untimely fashion or otherwise endangers or offends the well-being of the public without cause;
      (6)   Overturns any garbage can or other vessel for waste products or scatters the contents of same;
      (7)   Is unconfined in season (estrus).
   (C)   Any animal which is unrestrained or causing a public nuisance may be impounded, as provided for in this section.
   (D)   The keeping, harboring or owning of any animal deemed to be a public nuisance, as defined herein, is a misdemeanor and may be punished as provided for in this chapter.
(Ord. 3198, passed 9-16-08)
   (A)   It is unlawful for any person to keep or harbor within the city limits any dog or other animal which, by barking, howling or otherwise disturbs the peace and quiet of any person or persons.
   (B)   No person shall keep any animal, which causes frequent or long continued noise so as to disturb the comfort or repose of any person in the vicinity.
   (C)   Any violation of this section is declared to be a nuisance and as such may be abated.
   (D)   This section requires that a complaint be signed by the individual whose peace is disturbed.
(Ord. 3198, passed 9-16-08)
   (A)   Any person with knowledge thereof may file a complaint in the Municipal Court against the owner or keeper of an animal which disturbs the comfort or repose of any person in the vicinity or which is in violation of this chapter.
   (B)   If the Court finds that an animal is a nuisance or in violation of this chapter, then the Court may order the owner or keeper to prevent and abate the nuisance, or order the animal impounded with the owner or keeper to pay impoundment costs, and/or fine the owner as provided in § 3-120.
(Ord. 3198, passed 9-16-08)
   Every operator of a self-propelled vehicle upon the ways of this state open to the public shall immediately upon injuring or striking a pet animal give aid to such animal or immediately notify the Animal Control Officer or police officer, furnishing sufficient facts relative to such injury. Any person violating this section is guilty of a misdemeanor punishable by a maximum fine of $200.
(Ord. 3295, passed 9-6-16)
   (A)   Duty of owner or controller to dispose.  It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his dog on any sidewalk, street, park, playground or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his dog on any private property, neither owned nor occupied by such person.
   (B)   Duty to possess means of removal.  No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park, playground or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear on any private property, neither owned nor occupied by such person, without the means of removal of any feces left by such dog.
   (C)   Method of removal and disposal.  For the purposes of this division, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to such person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of garbage.
   (D)   Enforcement.  Violation of this section shall be enforced in accordance with law by animal control officer, or a police officer.
   (E)   Violation; fine.  Violation of this section shall be punished by a fine of $20 for each occurrence.
(Ord. 3198, passed 9-16-08)
   (A)   The City Council finds that the presence of exotic animals and/or vicious is incompatible with the urban, residential character of the community in that the animals threaten and disturb the health, safety, comfort, security and peace of mind of its inhabitants.  To this end, it shall be the public policy of the city that the possession or maintenance of exotic and/or vicious animals within the municipal limits shall be prohibited.
   (B)   Except as provided in this article, no person shall own, keep or harbor any exotic and/or vicious animal in the city.  The provisions of this article shall not apply to any keeping of the animals in, or en route to a bona fide licensed veterinary hospital for treatment or in bona fide or medical institutions or museums where they are kept as live exhibits for study.
   (C)   In the event of an animal that bites any person, or other animal while in violation of Article 3 of this chapter in an un-provoked manner, owners will be cited and the animal will be quarantined as provided in § 3-33.
(Ord. 3198, passed 9-16-08)
§ 3-71  PROCEDURE.
   (A)   Notice.  Upon investigation and determination that a person owns or is keeping or harboring an exotic animal on premises within the city, the Animal Control Officer shall serve or mail written notice to the person, requiring the person to safely remove the animal from the city within five days of the date of the notice.
   (B)   Threat of harm.  If, during the course of seizing and impounding, the exotic and/or vicious animal poses a risk of serious physical harm or death to any person or animal, the Animal Control Officer is authorized to contract with appropriate persons or agencies to render the animal immobile by means of tranquilizers or other safe drugs.  If the animal has escaped and is at large, and immobilization is not safely possible, then the animal may be destroyed.
   (C)   Costs.  The reasonable costs incurred by the city in seizing, impounding and for confining any exotic and/or vicious animal shall be charged against the owner, keeper or harborer of the animal.  The charge shall be in addition to, and not lieu of, the penalty provided for violation of this article.
(Ord. 3198, passed 9-16-08)
   It shall be unlawful for any person having control of any horse, mule, ass, ox, cow, hog, goat, pig or any other livestock to allow same to run at large in the corporate city limits of the city.  Any animal secured by a rope or lariat, so that the same can do injury to any shade tree or property of any person not the owner of an animal, so that the animal can go upon any lot or grounds of any person not the owner of the animal without the consent of the owner of the lot or grounds, or upon any street or public grounds of this city, shall be considered as running at large under the provisions of this article.
(Ord. 3198, passed 9-16-08)
   (A)   It shall be the duty of the Animal Control Officer to seize and impound any animal found running at large, contrary to the provisions of the next preceding section, and safely keep the same until disposed of according to the law.  If not redeemed according to the provisions of this article by the person or persons entitled to the possession thereof within six days after the same has been impounded, it shall be the duty, after three days of public notice thereof to sell any animal to the highest and best bidder for cash, and out of the proceeds pay all expenses and costs of seizing, impounding, keeping and selling the same, and the balance of the proceeds, after paying the expenses, shall be paid into the city treasury and make duplicate statements thereof which shall be made in the manner provided by ordinance for any officer receiving money for the city.
   (B)   If the Animal Control Officer shall be unable to determine the owner or probable owner of the seized or impounded animal, the Animal Control Officer shall give notice of sale by posting notice thereof in the City Hall and the County Courthouse, and by publishing the same once in a newspaper of general circulation published in the city giving the terms, time and place of sale and description of the animal to be sold.
   (C)   At the time before the sale of the animal, the owner or person entitled to the possession thereof, on proving his or her right thereto, and paying all charges against the same, shall be entitled to receive the animal and same shall be delivered to him or her and his or her receipt taken thereof.  But after the sale is made, the owner shall thereby forfeit all right, title and interest in and to the animal, but the proceeds, after paying all expenses, shall be paid to the owner upon his or her presenting to the Commissioner of Public Safety written affidavit made before any officer competent to administer oaths, sufficiently describing the animal claimed.
   (D)   The Animal Control Officer shall record in a well bound book, kept for the purpose of this article, an accurate description of each large animal impounded with the date of impounding, time of redemption and by whom redeemed; time of sale and for what price, if sold; and he or she shall also, opposite the description, keep an accurate account of the expenses incurred and properly chargeable to each animal.
   (E)   Any person violating any provision of this article, or any person who shall release, or cause to be released, any animal prohibited from running at large, shall be guilty of an offense.
(Ord. 3198, passed 9-16-08)
   (A)   It shall be unlawful for any person to willfully or maliciously harass, taunt, torment, tease or frighten any police dog.
   (B)   It shall be unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison or kill any police dog.
(Ord. 3198, passed 9-16-08)
   In case of conflict between this chapter and the present or any future zoning ordinance, the provisions of the zoning ordinance shall prevail and supercede the provisions of this chapter.
(Ord. 3198, passed 9-16-08)
§ 3-120  PENALTY.
   (A)   Any violation of any provision contained within this chapter is an offense against the city and upon conviction of any offense, the violator shall be punished as provided in this code of ordinances including a fine not to exceed $500 per offense.
   (B)   Each day that a violation of this chapter, or any provision therein, continues shall constitute a separate offense.  Nothing herein contained shall be construed as determining that not more than one offense can be committed in any one day by the same person. Repeat offenses will assess an additional fee of $20 for each time that the offense occurs.
(Ord. 3198, passed 9-16-08)