(a) In general.
(1) Animals at large. No animals shall be permitted to run at large within the city limits. All animals caught running at large shall be reported to the police, who shall in turn notify the county dog warden.
(2) Disposal of dead animals. No person shall deposit, or cause to be deposited, the carcass of any dead animal in the streets, roads, alleys, woods or water within the corporate limits of the city.
(3) Chicken fighting prohibited. No person shall incite or cause, any dogs or other animals or any chicken to fight within the city.
(4) Bird sanctuary designated. The area embraced within the corporate limits of the city, and all lands owned or leased by the city outside the corporate limits, is hereby designated as a bird sanctuary.
(5) Weapons regulated. It shall be unlawful for any person, within the area hereby established to shoot or project any stone, rock, shot or other hard substance by means of sling shot, bean shooter, air rifle, pipegun, bow or other similar contrivance, or to fire any pistol, gun or other firearm within the area, except on archery ranges, firing ranges or in legally established shooting galleries or ranges, or in the discharge of duty of law enforcement officers; provided, that the use of firearms in the destruction of rodents or similar animals or reptiles that are considered a menace to public health or property may be permitted by special permission of the Chief of Police.
(6) Signs permitted. The bird clubs of the city are hereby granted permission to erect such artistic signs, giving notice of the regulations herein provided, at such places and of such design as may be approved by the Board.
(7) Penalty. Any person violating the provisions of subsection (a) above shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in an amount not exceeding $50, or another such amount as set by Council from time to time.
(b) Dogs.
(1) Definitions. As used in this section, the following words shall have the meaning ascribed to them in this section unless the context otherwise indicates.
A. “Dog” means both male and female, more than six months old.
B. “Dog having dangerous or destructive propensities” means a dog which has been trained or taught to attack humans or other animals, or a dog which habitually turns over garbage receptacles, habitually destroys shrubs, flowers, grass and other plant growth, habitually kills other animals, habitually attacks or attempts to attack persons, or habitually performs other similar acts.
C. “Owner” means any person, firm or corporation owning, keeping or harboring a dog. The head of a household shall be deemed to be the owner in respect to any dog or dogs, owned, kept or harbored by any person residing in such household and kept on the premises.
D. “Proper enclosure” means a structure from which a dog cannot escape, or an outside area enclosed by a fence at least six feet high secured to the ground in a manner that the dog cannot escape.
(2) Number of dogs allowed.
A. It shall be unlawful for any person to keep on any lot or premises within the corporate limits more than three dogs. This limitation shall not apply to dogs less than six months of age.
B. Any person wishing to keep more than three dogs shall apply to the city for a license to operate a dog kennel. Prior to the issuing of such license it shall be determined that the kennel would be in compliance with all city and state regulations.
C. Upon written and signed complaint being made to the Police Department by a person specifying the location where more than three dogs are being kept in other than a licensed kennel, the Police Department shall investigate and, if it is determined that this subsection (b)(2) is being violated, the Police Department shall notify the person or persons responsible for keeping such dogs and upon such notice from the Police Department, the responsible person or persons shall remove from the premises the number of dogs in excess of three within 48 hours from the time of notification.
(3) Dogs running at large.
A. It shall be unlawful for any dogs to be running at large on the streets or sidewalks of the city, unless under the control of the owner or a member of his or her immediate family, either by leash, collar or chain.
B. A fee in an amount set by Council from time to time will be charged per day for the impoundment and keeping of any dog impounded by the Police Department. The owner or owners of any dogs impounded hereunder may redeem the same by paying all of the costs, charges and penalties assessed, if any, that have accrued up to the time of making the redemption. When they are paid to the Police Department to release the dog from said pound to the owner.
C. Impounded dogs shall be kept for not less than seven days unless reclaimed sooner by their owners. If the dog has a registration tag or collar and may be identified therefrom, the impounding officer shall notify the owner of the dog within 48 hours of the dog’
D. The owner of any dog which is found running at large in violation of this section shall pay a civil penalty in an amount set by Council from time to time within 72 hours after receipt of a citation for violation.
(4) Public nuisances.
A. The keeping or maintenance outside a proper enclosure of any dog or dogs having dangerous propensities is hereby declared to be a public nuisance and shall be abated as provided herein.
B. The keeping or maintenance of any dog or dogs which by prolonged and habitual barking, howling or whining cause annoyance to neighboring residents and interferes with the reasonable use and enjoyment of the premises occupied by such residents, or with the reasonable enjoyment of the public streets, sidewalks or other public areas, is hereby declared to be a public nuisance, and shall be abated as provided herein.
C. Upon the receipt of a detailed written and signed complaint being made to the Police Department by any resident or residents that any person is maintaining a public nuisance as described in this section, the Chief of Police shall cause the owner or keeper of the dog or dogs in question to be notified that a complaint has been received, and shall cause the situation complained of to be investigated, a report and findings thereon to be reduced to writing by the investigating officer.
D. If the written findings of the investigating officer indicate that the complaint is justified the Chief of Police shall cause the owner or keeper of the dog or dogs in question to be so notified in writing, ordered to abate such nuisance within 48 hours. In the event the owner or keeper of the dog or dogs is unknown or cannot be ascertained, such notice and order, along with a general description of the dog or dogs, shall be posted for 48 hours at the municipal building.
E. If any person being the owner or keeper of a dog or dogs described in this section shall fail or refuse to abate such nuisance upon order of the Chief of Police within the specified time, the Chief shall cause the dog or dogs in question to be apprehended or impound in a suitable place, and the owner or keeper shall be notified in writing of such impoundment. If the owner or keeper shall so request, the dog or dogs shall be released to him or her upon his or her execution of a written agreement to comply with the abatement order, and payment of any penalties incurred in accordance with this section. If no such request and execution is made by the owner or keeper within seven days after written notice is sent, the Chief of Police shall cause such dog or dogs to be destroyed. In the event of a dog or dogs, the owner or keeper of which was unknown, the Chief shall cause apprehension and impoundment to be carried out if no one claims such dog within 48 hours after the notice, order and description were posted, and shall cause a notice of impoundment, along with a general description of the dog or dogs to be posted at the Municipal Building. If no request for release of such dog or dogs and execution or agreement to comply with the order of abatement is made within such seven day period, the Chief shall cause such dog or dogs to be destroyed.
(5) Teasing or molesting. It shall be unlawful for any person to tease, molest, bait or in any way bother any dog not belonging to him or her or legally under his or her control.
(6) Penalties.
A. If any person, being the owner or keeper of a dog or dogs for which an order is given under this section, shall fail or refuse to comply as ordered, he or she shall be guilty of a misdemeanor, punishable upon conviction by a fine not exceeding $50, or another such amount as set by Council from time to time.
B. Enforcement of this article may be by injunction, restraining order or order of abatement in a court of competent jurisdiction.
(7) Conflict. Any section or part of any section in conflict with this article is hereby repealed.
(8) Cats. The words of this article apply to cats over six months of age.
(c) Livestock.
(1) Definition. For the purpose of this section, “livestock” shall be defined as any animals (excluding rabbits, dogs and cats), including farm animals, wild animals, and exotic or unusual animals; or any animal used for breeding purpose.
(2) Keeping livestock.
A. Except as herein provided, it shall be unlawful for any person, firm or corporation to possess or harbor any livestock within the corporate limits of the city.
B. This section shall not apply to traveling zoos, circuses or other traveling commercial animal exhibitions, bona fide farms, horses, not for breeding purposes, or small native wildlife species where possession has been specifically permitted by the state’s Wildlife Resources Commission.
(3) Limit on number, area requirements. It shall be unlawful for any person to locate, keep or maintain on any lot or parcel of land within the corporate limits more than one horse or animal per acre of land in excess of the land to gain the required distances from dwellings as defined in subsection (c)(2) above.
(4) Distance to dwelling. It shall be unlawful for any person to locate, keep, tie or stake any animal, except cats or dogs, within 200 feet of any dwelling or other structure used for human habitation or to suffer or permit any such animal at any time to be within such distance of such dwelling or other structure.
(5) Cleanliness. All animal enclosures or yards shall at all times be kept in a clean condition by taking such other action as is deemed necessary by the State Board of Health to prevent any condition detrimental to the public health of the city.
(6) Hog slaughtering. This section shall not be deemed to prohibit unloading of a shipment of swine, as for the slaughtered within 72 hours.
(7) Enforcement.
A. Upon receipt of a complaint, the City Manager or his or her assigns will investigate the complaint.
B. If a complaint is, in his or her discretion warranted, he or she will notify the person against whom the complaint is derived, and there upon such person shall abate the nuisance within 15 days of notification.
(8) Penalties. Person(s) found guilty of violating this section shall be guilty of a misdemeanor, punishable upon conviction, by a fine not exceeding $50, or another such amount as set by Council from time to time.
(Ord. passed 8-23-1989; Ord. passed 8-8-2017)