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(a) The animal control officer, the Health Officer and the Chief of Police are hereby authorized to issue a summons to the owner/guardian of any animal in violation of any provision of this chapter, or any regulation issued by the Health Officer. Such person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other provision of this chapter.
(b) The animal control officer, the Health Officer and the Chief of Police are hereby authorized to take up and impound any animal, other than a properly registered dog on the premises of its owner/guardian, found in violation of any provision of this chapter or any regulation issued by the Health Officer, if the person owning such animal cannot be issued a summons because such person is not known or present. Such animal shall be confined at the animal shelter in a humane manner and shall be released upon satisfactory proof that the party claiming the animal is entitled to possession thereof, and upon payment to the animal control officer of all recovery fees established by ordinance.
(c) In the interest of animal welfare, any person owning any animal in the City by so doing does hereby authorize the animal control officer, the Health Officer or the Chief of Police to enter upon private property, other than within any residence or other structure, where such animal is kept, if the officer has probable cause to believe the animal is being kept in a cruel or inhumane manner, for the purpose of examining such animal. When, in the examiner's opinion, it is being kept in an unlawfully cruel or inhumane manner and is properly registered, the animal control officer shall apply to a court of competent jurisdiction for an order to enter the premises, and, if necessary, seize the dog. If the court finds probable cause to believe the dog is treated inhumanely, it shall issue such an order.
(d) Any animal that has bitten a person may be removed from the property of its owner/guardian by the animal control officer, the Health Officer or the Chief of Police if such animal is in violation of examination or observation requirements prescribed by regulations of the Health Officer.
(e) The animal control officer, the Health Officer or the Chief of Police are hereby authorized to use humane live animal traps to capture any animal whose presence on private property or public property constitutes a nuisance to persons or a threat to the public health or the health of domestic animals.
(f) No person shall interfere with the duty of the animal control officer, the Health Officer or the Chief of Police by removing, or causing to be removed, the identification tag of any cat or dog without the consent of the owner/guardian thereof; refusing to identify himself of herself upon the request of an enforcement officer, when such officer has probable cause to believe that such person has violated this chapter; or in any other manner preventing the lawful discharge of enforcement duties prescribed by the chapter.
(g) Whoever violates division (f) of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
It shall be the duty of the Police Department officers to enforce the provisions of this chapter and any regulations issued by the Safety Director and to assist the animal control officer in enforcing the provisions of this chapter.
(Ord. 45-06. Passed 11-20-06.)
(a) No person shall keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors and free of rodents and vermin.
(b) All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs and standing water is not present.
(c) All yards, structures, or pens in which animals are kept shall be subject to inspection by the Health Officer and/or animal control officer. If the Health Officer or the animal control officer determines from such inspection that the premises are not maintained in a clean and sanitary manner, he or she shall notify the owner/guardian of the animal in writing to correct the sanitation deficiencies within 24 hours after the notice is served. If the sanitation deficiencies continue after the initial 24-hour notice is given, the Health Officer or animal control officer shall, at his or her discretion, either issue another 24-hour notice of violation or issue a citation. Once the owner/guardian of the animal has received one notice of sanitation deficiencies, if any subsequent inspections reveal sanitation deficiencies, a citation will be issued. Any animal kept under any condition which could endanger the public or the animal's health, or create a health nuisance, may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.
(d) No person shall feed any animal, including but not limited to wild animals, birds, other wildlife or domestic animals, other than in suitable containers for food elevated at least 48 inches above ground level and of such design and construction as to minimize the potential for food and/or seed from spilling or dropping to the ground. Such feeding shall be allowed so long as it does not create a nuisance or interfere with another's property. Such nuisance activity shall include, but is not limited to: excessive animal noise, excessive amounts of animal droppings, attracting enough animals to burden neighboring properties, birds perching on neighboring properties as a result of food availability, garbage left where it may attract wildlife, or debris that may provide a nesting area.
(e) This section shall not apply to owner/guardians feeding their own pets on their property as long as by doing so it does not create a nuisance or attract any other animals, birds or rodents.
(f) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the second degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
(a) The owner/guardian of any animal, when such animal is off the owner/guardian's property, shall be responsible for the removal of any feces deposited by such animal on public walks, streets, recreation areas or private property. No owner/guardian shall fail to remove or provide for the removal of such feces before taking such animal from the immediate area where such defecation occurred.
(b) Whoever violates this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
(a) Any sick or injured dog or cat found at large in the City and wearing a current County or rabies vaccination tag shall be taken at once by Animal Control to a veterinarian for examination and treatment, and the owner/guardian or such an animal shall be promptly notified. All charges for veterinarian services shall be borne by such owner/guardian.
(b) Any sick or injured dog or cat found at large in the City without such identifying tag shall be examined and administered first aid when needed and be taken at once by Animal Control to a veterinarian for examination and treatment, and it is to be given so as to render the animal free from pain and unnecessary pain or suffering during the holding period.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
(a) No person shall own, keep, or harbor a dog wearing a fictitious, altered, or invalid registration tag or a registration tag not issued by the County Auditor in connection with the registration of that animal.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 45-06. Passed 11-20-06.)
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