§ 90.06 DANGEROUS ANIMALS AND DOGS.

   (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)

§ 90.07 OWNER’S DUTIES.

   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)

§ 90.08 ANIMAL CRUELTY AND FIGHTING.

   (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)

§ 90.09 DEAD AND DISEASED ANIMALS.

   (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

§ 90.10 DOG INOCULATION AND LICENSING.

   (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)

§ 90.11 ANIMAL-DRAWN VEHICLES.

   (A)   Restrictions. No person shall operate or cause to be operated for hire any vehicle, of whatever nature, drawn by animals for the purpose of conducting tours within the city, except animal-drawn vehicles as provided in this subchapter.

   (B)   Passenger loading.

      (1)   Animal-drawn vehicles may pick up or discharge passengers at any passenger loading zone, any designated hack stand and at such other locations as are approved by the City Planner and so designated in the office of the City Planner.

      (2)   Animal-drawn vehicles may originate and terminate tours within the area designated for horse/carriage traffic, at such locations as are approved by the City Planner and as are designated in the office of the City Planner.

      (3)   The City Council may designate one or more city officials in lieu of the City Planner to perform the duties described in this subchapter.

   (C)   Route limitations. Animal-drawn vehicles may operate only on such streets or public ways in the city as are approved by the City Planner. Animal-drawn vehicles may operate only between such hours or at such times as may be designated by the City Planner. The approved streets or public ways and the approved hours of operation are so designated in the office of the City Planner.

   (D)   Drivers. All drivers of animal-drawn vehicles shall have a current automobile vehicle driver’s license, be at least 18 years of age and demonstrate competence in handling animal-drawn vehicles.

   (E)   Diapering apparatus required. It shall be unlawful for any person, firm, corporation or other entity to utilize any animal for the purpose of pulling any vehicle on city streets unless the animal is equipped with a diapering apparatus that prevents the droppings of the animal from being deposited or otherwise left on city streets. It shall be the responsibility of the person, firm, corporation or other entity utilizing any animal for the purpose of pulling a vehicle to ascertain that the diapering apparatus is maintained in working order at all times. It shall be the responsibility of the operator to see that the diapering apparatus is in good working order at all times and that proper disposal of droppings is performed. The city shall charge a fee for the cleanup of any droppings left on public rights-of-way by the operation of the animal-drawn vehicle. The cleanup fee shall be $50 per hour with a minimum of two hours charged for each offense.

   (F)   Required permit to operate animal-drawn vehicle. No animal-drawn vehicle shall operate on city streets without an issued permit and without having paid a $50 permit fee. This permit must be permanently affixed to the vehicle for which it is issued in a location approved by the Chief of Police.

   (G)   Standards for animal-drawn vehicles. All animal-drawn vehicles shall be automatically styled passenger carriages which are aesthetically pleasant and consistent with the river boat theme and riverfront area. Wagons which obviously or patently were designed for cargo instead of passengers will not be approved. All animal-drawn vehicles shall have adequate brakes and adequate front and back lights. All animal-drawn vehicles shall also contain sufficient reflective material so as to ensure for visibility. Carriages must not exceed 12 feet in length or six feet in width. Carriages will be measured from end to end, excluding steps and shafts; and from axle tip to axle tip. Furthermore, all animal-drawn vehicles shall at all times be maintained so as to ensure the safety of the passengers and the general public. The Chief of Police is accorded the authority to promulgate such other regulations as necessary to carry out the intent of this section.

   (H)   Care of animals and public safety. All licensees under this chapter shall operate the animal-drawn vehicle in such manner so as not to endanger the health and safety of the animals which draw the vehicles or the public in general. The Chief of Police is accorded the authority to promulgate such other regulations as necessary to carry out the intent of this section.

   (I)   Permit to operate animal-drawn vehicle.

      (1)   An applicant for a permit shall provide the following to the City Planner or other official designated by the City Council:

         (a)   Adequate identification of the applicant and animal-drawn vehicle and proof of ownership;

         (b)   Material setting forth characteristics of the vehicle, including its dimensions, weight and passenger capacity;

         (c)   Color photographs not less than eight inches by ten inches of all four sides of the vehicle or sketches of a similar make and model of the vehicle;

         (d)   Adequate proof of liability insurance with coverage in the following amounts:

            1.   Not less than $100,000 in liability per individual and $300,000 per occurrence;

            2.   Not less than $300,000 in public liability per occurrence;

            3.   Not less than $50,000 for property damage per occurrence; and

            4.   The city shall be named as an additional insured.

         (e)   Satisfactory proof of health inspections of the animal(s) to be utilized in drawing the vehicle;

         (f)   A fee established by the City Council;

         (g)   After approved, but prior to issuance, compliance with any other licensing requirement(s) of the city;

         (h)   Evidence of satisfactory annual safety and appearance inspection of tack and equipment;

         (i)   Evidence of compliance with all standards of design and safety of this chapter;

      (2)   Inspection for compliance shall be performed by the Animal Control Officer, the City Planner, and/or such other individual or individuals as designated by the City Council. In the event of compliance, the City Planner shall certify the compliance to the City Clerk, who shall then issue a permit upon payment of the fee.

   (J)   Transferability. A license or permit required by this subchapter shall be issued on a specific vehicle and for a specific owner and is not transferable. The license or permit remains the property of the city and must be surrendered upon expiration or termination.

   (K)   Expiration. All permits issued under this subchapter shall expire at midnight on December 31 of the year for which the license or permit is issued; provided, however, upon compliance with the requirements of this subchapter, a current licensee may renew his or her license upon the payment of the required fee.

(Ord. 2005-29, passed 9-13-2005)

§ 90.12 ADMINISTRATION; ENFORCEMENT.

   (A)   Interference with enforcement prohibited. No person shall in any way interfere with any person who is known to the person to be or who identifies himself or herself to be and is, in fact, a city employee or officer enforcing the provisions of this chapter or engaged in catching or impounding any animal under the authority of this chapter.

   (B)   Authority to impound animals and enter onto private property.

      (1)   It shall be the duty of the employees and officers of the Police Department and the Animal Control Officer to take up and impound in the city animal pound, or other place as designated by the Chief of Police, any animal found at large or any dog found in the city without identification, inoculation or licensing tags contrary to any of the provisions of this chapter or statutes of the state.

      (2)   The employees and officers of the Police Department and the Animal Control Officer are authorized to go on private property in order to enforce this chapter or to take up any animal which is found at large or to take up any dog found without required inoculation, licensing or identification tags; however, such persons may not enter a private dwelling house for this purpose without a valid warrant or the consent of the occupant.

   (C)   Impoundment of animals which have bitten persons.

      (1)   Any animal, whether under restraint or not, which has bitten or otherwise injured any person so as to cause an abrasion of the skin shall be immediately taken by the Police Department or Animal Control Officer, impounded and kept separated from other animals for ten days. The victim of the bite shall notify the Police Department or Animal Control Officer of the bite within 24 hours. The Police Department or Animal Control Officer shall notify the owners of the animal impounded for biting the person. If, during the ten day period, the animal develops symptoms of illness, a licensed veterinarian shall diagnose its condition. If the symptoms disclose or are such as to indicate the presence of rabies, the animal shall be destroyed in such manner as to preserve intact the head, which shall be detached and immediately sent to the diagnostic laboratory of the Department of Agriculture. In case the animal cannot be safely taken up and impounded, it may be killed, care being taken to preserve the head intact, which shall be detached and immediately delivered to the diagnostic laboratory of the Department of Agriculture.

      (2)   If, at the expiration of the period of ten days, no symptoms of rabies have developed in the impounded animal, the animal may be redeemed by the owner on payment of the redemption fees and charges specified in this chapter. Also, at the end of the ten day period, if the dog is not retrieved in ten days with all costs being paid at that time, the animal shall be humanely destroyed.

      (3)   After having been notified that his or her animal has bitten or otherwise injured any person, the owner or keeper thereof shall not under any circumstances permit the animal to be outside of his or her premises except on a leash with a responsible adult until the procedures prescribed in divisions (C)(1) and (2) of this section have been completed.

   (D)   Redemption of impounded animals.

      (1)   Any owner or keeper desiring to redeem an impounded animal shall pay an impoundment fee of $30 per animal to the city and in addition, $10 a day for keeping the animal while impounded.

      (2)   No animal shall be redeemed until the owner shall present proof of a current rabies inoculation or shall pay for the rabies inoculation and registration. In addition, a fee of $25 shall be charged for the second or subsequent redemption of the same animal.

      (3)   All fees and costs shall be paid by the owner or keeper at the City Clerk’s Office. The City Clerk shall obtain from the Animal Control Officer a written statement of all fees and costs and shall issue a receipt for payment of the same.

   (D)   Disposition of animals not redeemed. Any dog or other animal, except animals bearing owner identification or inoculation tags, impounded pursuant to the provisions of this chapter, which has not been redeemed within seven working days shall be humanely destroyed or otherwise disposed of by the Animal Control Officer. Any dog with owner identification tags, which is impounded pursuant to the provisions of this chapter and which shall not be redeemed within seven working days shall be humanely destroyed or otherwise disposed of by the director of the city animal pound.

   (E)   Issuance of citations to persons in violation.

      (1)   City police officers and animal control officers are authorized to issue citations on a reasonable belief that any person has violated any provisions of this chapter.

      (2)   Citations shall be issued on forms approved by the Chief of Police.

      (3)   Citations shall be issued personally to the violator, left with a responsible family member of at least 13 years of age at the home of the violator or mailed to the residence of the violator.

      (4)   Persons issuing citations shall ensure that the original citation is filed with the Circuit Clerk within 72 hours after issuance and that a copy is forwarded to the city’s Corporation Counsel.

(Ord. 2005-29, passed 9-13-2005)