For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
AT LARGE OR RUNNING AT LARGE: | An animal shall be deemed to be running at large when off or away from the owner’s premises and not under the complete control of the animal’s owner, possessor, keeper, agent, servant, or a member of the owner’s immediate family by a leash, verbal command, or remote pet collar. However, an animal present at a public gathering of ten (10) or more people, not including leash free parks, must be restrained by a leash and not by verbal command or remote pet collar. An animal is not to be deemed running at large if it is within the vehicle of the animal’s owner, possessor, keeper, agent, servant, or a member of the owner’s immediate family, or if the animal is within a posted leash free park as designated by the park and recreation board of the City of Mitchell. |
COMPLETE CONTROL: | A state where an animal is restrained by leash, verbal command, or remote pet collar from taking an action which is not desired by the animal’s owner, possessor, keeper, agent, servant, or a member of the owner’s immediate family and such restraint does actually prevent the animal from taking an undesired action. For verbal commands and remote pet collars to be deemed to be restraining the animal, the animal shall behave as if on a leash short enough to prevent trespass onto the private property of another, and in no event longer than fifty feet (50'). Examples of undesired actions include, but are not limited to, straying too far from the animal’s handler, not following handler commands, and making contact with another person without consent. An animal is not under complete control if the animal is the aggressor in an incident where the animal is declared to be a restricted animal or vicious animal. |
LEASH: | A cord, thong or chain by which an animal is controlled by the person accompanying it. |
OWNER: | Any person harboring or keeping an animal and who is the head of the household of the residence or the owner or manager in charge of the establishment or premises at which an animal remains or returns to is the owner of the animal within the meaning of this chapter. |
PET CONTROL OFFICER: | The person designated by the city council to be responsible for the enforcement of this chapter and who shall work with other law enforcement officials in the enforcement of this chapter. |
REMOTE PET COLLAR: | A collar worn by an animal that when signaled by remote control delivers an electrical shock to the animal. (1984 Code § 6-1; amd. Ord. 2395, 3-19-2012; Ord. O2022-08, 7-5-2022) |
A. Cooperation With County, State And Federal Officials: The city shall cooperate with the state department of health, the state livestock sanitary guard, the U.S. fish and wildlife service, the U.S. public health service, the U.S. department of agriculture, state and local veterinary associations and any other county, state or federal agency concerned with the control of rabies in a combined effort to reduce rabies in wildlife and domestic animals. The city shall institute such additional measures for the control of rabies as may be deemed necessary. (1984 Code § 6-14)
B. Vaccination Required:
1. An animal shall be considered unvaccinated after the expiration of thirteen (13) months following the date of its latest rabies vaccination; provided, however, that if a licensed veterinarian shall issue a certificate certifying the effective period of a vaccination, the animal shall not be considered unvaccinated until after the expiration of the certified effective period of the vaccination.
2. Any owner acquiring a dog, cat or other animal by purchase, gift, birth or otherwise, shall have such animal vaccinated against rabies within one month following acquisition or when the animal reaches the age of six (6) months. (1984 Code § 6-15)
C. Impounded Animals: Any impounded animal shall not be released by the pet control officer or his agent to any person until such animal has been vaccinated against rabies; provided, however, no animal so impounded shall be vaccinated if the owner can present a certificate of current vaccination. (1984 Code § 6-16)
D. Impounding For Observation:
1. When any person owning or harboring a dog, cat or other animal which is not currently vaccinated for rabies, or for which the owner cannot produce a current certificate of vaccination issued by a licensed veterinarian, has been notified that said animal has bitten any person, the animal must be impounded at the city impound facility for the period of ten (10) days, under the observation of a licensed veterinarian, with the expense of such impoundment and observation to be borne by the owner of the animal. (Ord. 1745, 8-2-1993)
2. If it is determined by the licensed veterinarian at the end of the ten (10) day impoundment period that the animal is not rabid, and provided the animal is not determined to be a dangerous dog under article A of this chapter, the animal may be returned to its owner, subject to the owner: a) paying impound charges and all other expenses incident to the observation of the animal; b) the animal is properly vaccinated for rabies; and c) any other provisions or requirements of law, including licensing, are fully complied with, otherwise the animal shall be disposed of. (Ord. 1745, 8-2-1993; amd. 2005 Code)
3. Upon the advice of a licensed veterinarian or medical doctor, the chief of police may order and require that the animal be immediately destroyed, and that the head or other organs or parts, as required for the diagnosis of rabies, be sent to an appropriate laboratory for an expedited determination of whether or not the animal committing the bite is infected with rabies.
4. Any animal impounded or placed for observation, showing active signs of rabies, suspected of having rabies or known to have been exposed to rabies, shall be subject to the control and direction, including disposition as necessary, of the licensed veterinarian conducting the observation and impoundment. (Ord. 1745, 8-2-1993)
E. Keeping Rabid Animals: No person shall knowingly harbor or keep any animal infected with rabies or any animal known to have been bitten by an animal known to have been infected with rabies. (1984 Code § 6-18)
F. Reports Of Suspected Cases:
1. Any person who shall suspect that any animal in the city is infected with rabies shall report said animal to the pet control officer or other proper city official, describing the animal and giving the name and address of the owner if known. (1984 Code § 6-19)
2. Veterinarians within the city receiving information or reports of suspected rabies in wild or domestic animals shall report such information to the pet control officer or other proper city official. (1984 Code § 6-20)
3. Immediately upon treatment of any person bitten by an animal, physicians within the city shall report such information to the pet control officer or other proper city official. (1984 Code § 6-21)
G. Destruction Of Rabid Animals: Any rabid animal may be destroyed by the pet control officer or a veterinarian upon written authorization of the proper city official. (1984 Code § 6-22)
H. Muzzling Proclamation; Authority Of City: Whenever the proper city official shall have determined that there is danger of the existence or spread of rabies in the city, he shall make the facts known to the mayor, in writing. The mayor, upon receipt of said facts, may, by proclamation, in the interest of public safety and general welfare of the citizenry, order all animals muzzled when off the premises of the owner. Forty eight (48) hours after the publication of said proclamation, all animals found off the premises of the owner, unmuzzled, shall be seized and impounded or may be immediately destroyed if all reasonable efforts to seize said animals fail. All animals seized and impounded shall be held for observation for ten (10) days and, if cleared by a licensed veterinarian, may be claimed by the owner, and the owner must pay the expenses incidental thereto. Any animal not claimed may be disposed of in a humane manner. (1984 Code § 6-23; amd. 2005 Code)
Loading...