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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)
(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)
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