Section
95.01 Definitions
95.02 Regulations and anti-rabic provisions required
95.03 Running at large prohibited
95.04 Keeping of vicious animals, wild animals and livestock prohibited
95.05 Keeping of animals, livestock, chickens, fowl and/or poultry as public nuisances prohibited
95.06 Police to take possession; entry on private property
95.07 Impounding
95.08 Interference with police officers and other empowered officials
95.09 Authority
95.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. Any animal left more than 48 hours without a person checking on the condition of the animal and/or providing food and water and any animal left on private property without the owner’s consent or deserted or dumped on public property or roadways.
ANIMAL. Any live or vertebrate creature.
ANIMAL CONTROL. The County Dog Authority, which is an authority made of cities in the county to control animals within city boundaries.
ANIMAL CONTROL AUTHORITY CHAIRPERSON. The person elected by the County Dog Authority to oversee its daily operation.
ANIMAL CONTROL OFFICER. Any person designated by the County Dog Authority who is qualified to perform such duties under the laws and ordinances of the commonwealth and the designated city. An ANIMAL CONTROL OFFICER shall be a law enforcement officer for the purposes of this chapter only.
ANIMAL SHELTER. Any premises operated or approved for operation by the County Fiscal Court for the purposes of impounding and caring for animals held under the authority of this chapter.
CAT. Any member of the feline family, six months of age or over, male or female.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, boarding or breeding kennel, grooming facility, auction, petting zoo, zoological park, circus, performing animal exhibit or any person engaged in the business of breeding, buying or selling at retail or wholesale, any species of animal for profit.
DAY. A 24-hour period shall constitute a day.
DOG. Any member of the canine family, six months of age or over, male or female.
DOMESTIC ANIMAL. Such animals as are habituated to live in or about the habitations of human beings, and which are kept, cared for, sheltered, fed or harbored for use as a pet or source of food, raw materials or income.
EXOTIC ANIMAL. Any animal not indigenous to the United States.
FOWL/POULTRY. Any member, species or subspecies of the domesticated or wild fowl or poultry, including chickens, turkeys, geese, ducks, ostriches, game birds and waterfowl.
HUMANE SOCIETY. Any person or organization operating from a fixed site and taking in or accepting stray or unwanted animals.
IMPOUNDED. Having been received into the custody of the County Dog Authority or any authorized representative thereof.
LIVESTOCK. Cattle, sheep, swine, goats, horses or any other animals of the bovine, opine, porcine, cupreine or equine species.
OWNER. Any person, corporation or other entity owning, keeping, harboring or sheltering one or more animals.
PERSON. All natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies and other entities.
PET. Domesticated animal kept for pleasure rather than utility.
PUBLIC NUISANCE. Any animal which:
(1) Molests passers-by or passing vehicles;
(2) Attacks people or other animals;
(3) Damages public or private property;
(4) Is repeatedly at large;
(5) Makes noise in an excessive, continuous or untimely fashion; and/or
(6) Repeatedly urinates or defecates on property not belonging to the animal’s owner or creates unsanitary conditions.
VICIOUS ANIMAL.
(1) Any animal which constitutes a physical threat to human beings or domestic animals which, due to a known propensity to endanger life, by an unprovoked assault or bite which has resulted in serious bodily harm;
(2) Any animal, which, when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places;
(3) Any animal with a known propensity , tendency or disposition to unprovoked attacks which caused injury or endanger the safety of human beings or domestic animals;
(4) Any animal which bites multiple times to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals;
(5) Any animal owned or harbored primarily or in part for the purpose of fighting with animals;
(6) It shall be prima facie evidence that an animal is vicious if the animal bites a human being or domestic animal more than once in the same attack.
(7) An animal shall not be deemed vicious solely because:
(a) It bites, attacks or menaces:
1. Any person assaulting its owner;
2. Any person or animal who has tormented or abused it;
(b) It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person.
(`96 Code, § 90.01) (Ord. 1995-17, passed 11-9-1995; Am. Ord. 2002-5, passed 4-11-2002; Am. Ord. 2011-1, passed 3-10-2011)
(A) It shall be the duty of every person who owns or harbors a dog or cat in the city to have the dog or cat inoculated with anti-rabic vaccine by a veterinarian during the months of January through August of each year. Failure to have the dog or cat inoculated during the period shall subject each person to the penalty hereinafter provided.
(B) Every owner or harborer of a dog or cat, upon obtaining the tag from a veterinarian, shall immediately attach the same to the collar or harness of the dog or cat to be worn by the dog or cat at all times. The certificate obtained from the veterinarian shall be retained by the owner or harborer of the dog or cat for inspection by officials of the Police Department or other approved officials of the city.
(C) The anti-rabic provisions shall not apply to dogs or cats kept by regularly chartered medical colleges or other educational or scientific institutions to be used for scientific purposes.
(D) It shall be unlawful to keep at any one residence within the city limits more than five dogs or cats or any combination thereof with the exception that the owner or person who has custody of a dog or cat which exceeds the permissible numbers set forth in this chapter for a period of 12 weeks after the bite of the animals. Any retention of dogs or cats in excess of the number specified in this chapter after this 12-week period will constitute a violation of this chapter.
(E) Any person having custody of dogs or cats in excess of the number permitted by this chapter shall have 30 days from the effective date of this chapter in which to reduce the number of dogs and cats in their custody to comply with this chapter.
(`96 Code, § 90.02) (Ord. 1995-17, passed 11-9-1995) Penalty, see § 95.99
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