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The owner of a dog shall keep the dog under restraint at all times and shall not permit the dog to be at large anywhere within the city, except as otherwise provided by the zoning or other ordinance of the city.
(Ord. 2005-29, passed 9-13-2005) Penalty, see § 90.99
(A) The owner of an animal shall not permit the animal to make any distressing loud or unusual noises, or to disturb the peace or quiet of any place, neighborhood, family or person in the city. Such action is a nuisance and shall not be allowed.
(B) In addition to the general restrictions of division (A) above, for the purpose of this section, an owner is in violation of this section if he or she permits a dog to bark in a substantially continuous manner between the hours of 10:00 p.m. and 7:00 a.m. for a period of more than 15 minutes, or who allows the animal to bark for numerous periods of time, regardless of duration, so as to disturb the quiet of the neighborhood or of particular neighbors.
(C) In case any animal shall repeatedly disturb the peace or quiet of any place or neighborhood or become a nuisance as defined in this chapter, the city may petition the Circuit Court for an order to destroy the animal.
(D) Any place in which animals are housed or kept which is unreasonably offensive to any person residing nearby, or passing along any street or alley, because of the odor or debris, or which constitutes a health hazard to the person residing nearby, is declared to be a nuisance.
(E) The owner or possessor of any dog or other animal, when allowing or permitting such animal to be off the site of the property of the owner or possessor, whether such animal is on a leash or not, shall at all times carry or possess a bag, sack, or other container capable of being sealed or tied which shall be used to pick up or gather and remove any excrement or fecal material emitted or deposited by such dog or animal. Further, it shall be the responsibility of the owner or possession of any dog or animal to pick up, remove, and properly dispose of any feces or excrement deposited or emitted by such dog or other animal upon either public or private property.
(Ord. 2005-29, passed 9-13-2005; Am. Ord. 2014-25, passed 6-23-2014) Penalty, see §
90.99
In the interest of maintaining adequate sanitation and safety standards, it shall be unlawful to keep livestock and/or non-domesticated animals within city limits. Persons who, at the enactment of this chapter, were already owners of livestock and/or non-domesticated animals within city limits, shall have 60 days in which to sell or move the livestock and/or non-domesticated animals to another location or be subject to the penalties of this chapter.
(Ord. 2005-29, passed 9-13-2005) Penalty, see § 90.99
(A) Biting animals. No owner of an animal shall permit, or fail to prevent an animal from biting or attacking a person or another animal resulting in injury to the person or animal attacked. If such an attack is made upon a person who is or reasonably appears to be in the commission of an act made punishable under the state criminal code, the action is not prohibited if the animal is acting in the defense of the owner or his or her family or premises and the animal remains on its premises. For purposes of this section, it is not necessary that the person bitten or attacked be arrested or convicted of a criminal offense.
(B) Confinement of dangerous dogs and other animals; warning.
(1) No person shall keep within the city any animal known to be dangerous or vicious, unless the person shall keep the animal safely and securely confined so as to protect from injury any person who may come on the premises in the vicinity where the animal may be located.
(2) Adequate warning by sign, or otherwise, shall be given to all persons coming on the premises in the vicinity of any such dangerous animal.
(3) When in a public place, an owner must keep the dangerous animal on a leash and muzzled.
(C) Confinement of vicious dogs. It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are the following:
(1) If it is necessary for the owner to obtain veterinary care for the dog, provided that the vicious dog is on a leash and muzzled;
(2) In the case of an emergency or natural disaster where the dog’s life is threatened; or
(3) To comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding six feet in length and shall be under the direct control and supervision of the owner of the dog or muzzled in its residence.
(D) Killing of dangerous or vicious dogs.
(1) The members of the Police Department, or any other person in the city, are authorized to kill any dangerous or vicious dogs when it is necessary for the protection of any person, from serious and unjustified imminent threat of serious physical injury or death.
(2) Any owner seeing his or her own animal, whether that animal is a dog, cat, livestock, poultry or Equidae being injured, wounded or killed by a dog, not accompanied by or not under the supervision of its owner, may kill such dog.
(Ord. 2005-29, passed 9-13-2005)
No owner of any animal may abandon the animal where it may become a public charge or may suffer injury, hunger or exposure and every animal owner shall provide for each of his or her animals the following:
(A) Sufficient quantity of good quality, wholesome, species-appropriate food and clean water;
(B) Adequate shelter and protection from the weather;
(C) Veterinary care when needed to prevent suffering; and
(D) Humane care and treatment.
(Ord. 2005-29, passed 9-13-2005)
(A) Cruelty to animals prohibited. No person shall act cruelly towards animals. The following are some examples, but not a complete list, of acts of cruelty. Doctors of veterinary medicine, in the performance of their profession, are not subject to the provisions of this section:
(1) Overloading, overdriving, overworking, beating, torturing, tormenting, mutilating or killing any animal, or causing or knowingly allowing the same to be done;
(2) Being cruel when working any old, maimed, injured, sick or disabled animal, or causing or knowingly allowing the same to be done;
(3) Failing to provide any animal in one’s charge or custody, as owner or keeper, with proper food, drink, shelter, air, sanitation or medical care; or
(4) Abandoning any animal without making provisions for its care and feeding.
(B) Animal fighting prohibited. No person shall train, use or keep animals, or be in any way connected or associated with the management of any place kept or used for the purpose of fighting or baiting any dogs, cocks or any other animals. Nor shall any person permit such place to be kept or used on premises owned or controlled by such persons.
(Ord. 2005-29, passed 9-13-2005)
(A) Disposal of dead animals.
(1) The owner of an animal shall be responsible for the disposal of the animal’s remains on its death, from whatever cause and regardless of the location of the animal’s remains.
(2) Animal remains shall be disposed of in the following manners:
(a) By burial beneath at least 18 inches of compacted soil on the property of the animal’s owner or any other location with the express permission of the owner of the property and not within 200 feet from any existing residence not owned or occupied by the owner;
(b) By or through the city animal pound;
(c) By or through a licensed veterinarian; or
(d) By action of the Police Department.
(3) The Animal Control Officer may issue a written notice to any owner or keeper who has failed to properly dispose of the remains of an animal as prescribed herein. The person shall have 24 hours from receipt of the notice to properly dispose of the remains. The notice shall be served on the violator personally or by leaving the notice at his or her usual place of abode with some person of the family, of the age of 13 years or upwards and informing that person of the contents thereof.
(4) The city may dispose of any animal remains without notice to the owner or keeper when the following occur:
(a) The remains are located on a public roadway;
(b) The remains bear no identification tags;
(c) The remains are located on the property of a person other than the owner or keeper; or
(d) Service of a notice on the owner or keeper is refused or not readily possible within a short time.
(5) In any case where a disposal notice is required in accordance with division (A)(3) of this section, if the person was served a notice to properly dispose of the remains and does not do so, then the remains may be disposed by city employees and all costs of the removal shall be paid by the owner or keeper of the dead animal to the city.
(6) A minimum charge of $50 for each hour or part of an hour spent by animal control officers or other city employees in disposing of the remains shall be levied against the owner or keeper when the city disposes of the remains. The city may institute legal proceedings to collect any amount owing by the owner or keeper, provided that the suit is filed within two years of the issuance of the notice or disposal of the remains if no notice is required. In any such action, the city shall be entitled to recover its reasonable attorney’s fees and costs.
(7) Dead animals shall not be buried within 400 feet of an existing community water supply.
(B) Injured animals; animals found dead on public ways.
(1) Any animal discovered injured or dead on a public way of this city shall be impounded or picked up by an animal control officer.
(2) Seriously injured animals that are wearing identification tags will be taken to a doctor of veterinary medicine, who shall contact the owner for treatment instructions and who shall maintain the animal, painlessly, if possible, until instructions are received. The owner shall be responsible for the costs of impoundment and treatment.
(3) Seriously injured animals which do not bear identification tags shall be impounded and euthanized forthwith by a doctor of veterinary medicine to avoid unnecessary suffering to the animal.
(4) Injured animals wearing identification tags shall be released to the pound within 48 hours if the owner cannot be contacted and treatment is completed, or if the animal requires treatment beyond the minimization of suffering or pain, such treatment to be provided at the owner's expense.
(5) No animal will be released by a licensed veterinarian from impoundment to the owner following treatment of an injury until a release is received from the city showing payment of impoundment fees.
(C) Diseased animals.
(1) No domestic animal afflicted with a contagious or infectious disease shall be exposed in any public place whereby the health of man or animal may be affected; nor shall the diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the Chief of Police or the Animal Control Administrator.
(2) It is made the duty of the Animal Control Administrator to secure the disposition of any diseased animal and the treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where the state veterinarian is empowered to act.
(Ord. 2005-29, passed 9-13-2005) Penalty, see § 90.99
(A) Inoculation of dogs; inoculation tag affixed to collars; duration of inoculation. Every owner of a dog four months or more of age shall have each dog inoculated against rabies by a licensed veterinarian. Every dog shall have a second rabies vaccination within one year of the first. The owner of the dog shall attach upon the collar or harness of the dog, a serially numbered tag evidencing the inoculation. This inoculation shall be effective until the expiration of a calendar year after the vaccination was performed or the expiration of such period of time as may be promulgated by the Department of Agriculture.
(B) Inoculation to be performed by licensed veterinarian; issuance of certificate.
(1) The inoculation of dogs and cats required by this subchapter shall be performed by a licensed veterinarian, duly licensed to practice in this state or in the state in which the inoculation was performed. On performing the inoculation, the licensed veterinarian shall issue to the owner a certificate of such fact.
(2) Each owner is responsible for obtaining from the veterinarian a metallic tag suitable for attaching to the collar of the dog or cat, which tag shall also certify to the fact of inoculation against rabies. The tag shall be in such form as shall be determined by the Department of Agriculture.
(C) Exhibition of certificate on request. At any reasonable time on request of any member of the Police Department or Animal Control Officer, the owner of any dog shall exhibit any current, valid certificate, required under the provisions of this chapter, certifying the inoculation against rabies of any dog owned or kept by him or her.
(Ord. 2005-29, passed 9-13-2005)
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