Loading...
(A) The actions of an animal constitute a public nuisance when an animal disturbs the rights of, threatens the safety of, or damages a member of the general public, or interferes with the ordinary use and enjoyment of another person’s property.
(B) (1) It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner as to constitute a public nuisance. By way of example, and not limited to, the following acts or actions by an owner or possessor of an animal are hereby declared to be a public nuisance and are therefore unlawful:
(a) The keeping or maintenance outside a proper enclosure of any dog or dogs having dangerous propensities;
(b) Having an animal that disturbs the rights of, threatens the safety of, or damages a member of the general public, or interferes with ordinary use and enjoyment of another person’s property;
(c) Allowing or permitting an animal to damage the property of anyone other than its owner/possessor, including, but not limited to, turning over garbage containers, damaging gardens, flowers or vegetables or defecating upon the property of another;
(d) Maintaining the animals in an unsanitary environment, which results in offensive odors or is dangerous to the animal or the public health, safety or welfare, or a failure to maintain a condition of good order and cleanliness which reduces the probability of transmission of disease;
(e) Maintaining the owner’s property in a manner that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of the animals on the property;
(f) Allowing or permitting an animal to habitually bark, whine, howl, crow, cackle or any other noise that might interfere with the reasonable use and enjoyment of neighboring premises between the hours of 10:00 p.m. and 6:00 a.m.;
(g) Maintaining an animal that is diseased and dangerous to the public health;
(h) Maintaining an animal that habitually or repeatedly chases, snaps at or attacks pedestrians, joggers, animals walked on a leash by owners, bicycles or other vehicles; and/or
(i) Failing to confine a female dog or cat while in heat in a building or secure enclosure in such a manner that she will not be in contact with another dog or cat or attract other animals; provided, this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area.
(2) Upon receiving a complaint for a nuisance described by the complainant, the Animal Control Officer shall endeavor to investigate the complaint within 24 hours. If through investigation these complaints are substantiated, he or she shall request that the nuisance be corrected within a 24-hour period of notifying the owner/keeper. The Animal Control Officer will make a return visit to determine whether the initial cause for complaint has been corrected and may then institute proper legal procedures if the nuisance has not been abated.
(3) Commercial farms are exempt from this section.
(C) In addition to any other enforcement remedies available under this chapter, if the Animal Control Officer declares an animal to be a nuisance under this section, then the Animal Control Officer has the authority to order the owner to confine the animal in accordance with the Animal Control Officer’s instruction. It shall be unlawful for the owner to fail to comply with such an order or with the instructions in the order.
(1987 Code, § 8-2-09) (Ord. passed 2-8-2005) Penalty, see § 94.99
It shall be unlawful for any person to subject or cause to be subjected any animal to cruel treatment or to deprive or cause to be deprived any animal of adequate food and water, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions.
(A) Adequate food and water. No person owning or responsible for any animal may fail to supply the animal with sufficient supply of food and water as prescribed in this section.
(1) Adequate food. The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrients for each animal. Such foodstuff shall be served in a receptacle, dish or container that is physically clean.
(2) Adequate water. A constant access to a supply of clean, fresh water provided in a sanitary manner.
(B) Reasonable medical attention. No person owning or responsible for any animal shall fail to provide the animal with reasonable medical attention when the animal is or has been suffering from illness, injury, disease, excessive parasitism or malformed or overgrown hoof.
(C) Proper shelter, protection from the weather and humanely clean conditions. No person owning or responsible for any animal shall fail to provide the animal with proper shelter, protection from the weather or humanely clean conditions as prescribed in this section.
(1) Outdoor standards. Minimum outdoor standards of shelter shall be as follows:
(a) When sunlight is likely to cause heat exhaustion of an animal tied or confined outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight; and
(b) If a dog is tied or confined unattended outdoors for longer than 60 minutes, an artificial shelter with a minimum of four solid sides, with one side having an adequate opening to allow the animal to enter and exit the shelter safely, and firmly attached to a waterproof roof with a floor above ground with sufficient space to allow for normal sitting, standing, turning, stretching and sleeping positions, and appropriate to the local climate conditions for the species concerned, manufactured for the sole purpose of sheltering dogs shall be provided for the health of the animal. All vehicles/vessels are excluded for the use of shelter for all animals. Barrels, transport cages and airline crates are not acceptable for use as shelter for animals.
(2) When confinement prohibited. No animal may be confined in a building, enclosure, car, boat, vehicle or vessel of any kind when extreme heat or extreme cold will be harmful to its health.
(3) Space standards. Minimum space requirements for outdoor enclosures shall include the following.
(a) The shelter shall be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal.
(b) Enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement. (Inadequate space may be indicated by evidence of overcrowding, debility, stress or abnormal behavior patterns.)
(4) Humanely clean conditions. Minimum standards of sanitation necessary to provide humanely clean conditions for outdoor enclosures shall include periodic cleaning to remove excretions and other waste materials, dirt and trash to minimize health hazards.
(5) Properly fitted collars required. An owner or keeper of any animal shall not permit injury to or infliction of pain upon such animal from an improperly fitting or embedded collar, harness or halter.
(D) Unlawful. It shall be unlawful for any person(s) to operate and or maintain a puppy mill.
(1987 Code, § 8-2-10) (Ord. passed 2-8-2005) Penalty, see § 94.99
(A) Molestation, torture and the like prohibited. It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly beat or treat, needlessly mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health or general welfare any animal or to cause or procure such action. The words TORTURE and TORMENT and the term CRUELLY BEAT OR TREAT shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit an Animal Control Officer, his or her agents or veterinarians from euthanizing dangerous, unwanted or injured animals in a humane manner.
(B) Luring, enticing, seizing, molesting or teasing an animal. It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or keeper, or to seize, molest or tease any animal while the animal is held or controlled by its owner or keeper or while the animal is on the property of its owner or keeper for the purpose of causing harm to the animal; but such actions of luring, enticing and seizing shall not be construed to prohibit lawful taking of animals under the jurisdiction and regulations of this chapter by duly authorized Animal Control Officers.
(C) Abandonment. It shall be unlawful for any owner or person responsible for any animal to drop or leave such animal on a street, road, highway or in a public place or on private property with intent to abandon without provision for its continuous care, sustenance and shelter. No owner of an animal shall abandon such animal, except to relinquish the animal to the animal shelter. If the Animal Control Division finds that an animal has been abandoned, the animal may be impounded. When it has been suspected the animal has been abandoned in a house or within a fenced area, the Animal Control Division must make a reasonable effort to locate the owner or manager of the property. The property will be posted for 72 hours at which time the animal will be removed from the property. If the owner contacts the Animal Control Division to reclaim the animal, an explanation for the animal’s abandonment must be provided to the satisfaction of the Animal Control Supervisor before the animal is reclaimed by the owner.
(D) Performing animal exhibitions. No person may sponsor, promote or train a wild or domestic animal to participate in unnatural behavior in which the animal is wrestled, fought, harassed or displayed in such a way that the animal is abused. This prohibition applies to events and activities taking place in either public or private facilities or property, and apply regardless of the purpose of the event or activities and whether or not a fee is charged to spectators.
(E) Confinement of animals in motor vehicle. No person may place or confine an animal or allow an animal to be placed or confined in a motor vehicle for such a period of time as to endanger the health or well-being of such animal due to temperature, lack of food or water, and such other conditions as may reasonably be expected to cause suffering, disability or death.
(1) After making a reasonable effort to find the driver of a vehicle in which an animal is confined, an employee of the Animal Control Section, at the direction of a law enforcement officer, may use the least intrusive means to break and enter the vehicle, if necessary, to remove the animal where reasonable cause exists to believe that the animal is in the vehicle in violation of this division (E)(1).
(2) The Animal Control Officer removing the animal shall then impound the animal and leave in a prominent place on the motor vehicle a written notice of the animal’s impoundment, a brief description of the animal and where and when the animal may be reclaimed. The Officer may also issue a warning citation for violation of this division (E)(2).
(F) Intentionally striking animals with motor vehicle. It shall be unlawful for any person to intentionally strike an animal with an automobile or other vehicle causing injury or death.
(G) Authority to use force against animals. Nothing in this section shall prohibit use of force against an animal which is in the act of causing severe injury on a human being or a domestic animal.
(1987 Code, § 8-2-11) (Ord. passed 2-8-2005) Penalty, see § 94.99
It shall be unlawful for any person who causes injury to an animal (including livestock) including, but not limited to, running over or hitting a domesticated animal with any vehicle to fail to notify immediately at least one of the following: the owner(s) or keeper(s) of the animal (if known or ascertainable with reasonable efforts made to locate the owner or keeper), an Animal Control Officer, the appropriate Police or Sheriff’s Department or the animal shelter.
(1987 Code, § 8-2-12) (Ord. passed 2-8-2005) Penalty, see § 94.99
Notwithstanding any other provision of this chapter, an animal that cannot be seized by reasonable and normal means, retrieved by an Animal Control Officer, trapped in a humane, live-capture animal trap or tranquilized by Animal Control, may be humanely destroyed in the field upon the authorization of the Animal Control Supervisor.
(1987 Code, § 8-2-13) (Ord. passed 2-8-2005)
An Animal Control Officer is authorized to place, upon request, live animal traps on private or public property to trap and remove stray, at large, unwanted or nuisance animals, including cats. It is unlawful for any person other than an Animal Control Officer to remove any animal from the trap, or to damage, destroy, move or tamper with the trap. Animal Control is authorized to receive and impound animals that are trapped by other agencies or persons within the county.
(1987 Code, § 8-2-14) (Ord. passed 2-8-2005) Penalty, see § 94.99
It shall be the duty of Animal Control to seize and impound, subject to the provisions of this chapter, all animals, whether domesticated or non-domesticated, found in violation of the provisions of this chapter whether such animal shall be in the immediate custody of its owner or otherwise.
(A) Each animal impounded shall be identified by permanent records which indicate: date of impoundment, reason for impoundment, sex, color, general description, breed, method of acquisition, identification marks and note the presence of tattoos.
(B) For any animal impounded which can be traced to its legal owner, the owner will be notified that the animal is in custody of the Animal Control. Upon payment of the current impoundment fee and daily maintenance fee, the animal shall be returned to its owner unless otherwise so provided for by the owner in writing. However, the payment of such impoundment fees shall not bar the imposition of any fine, which may be imposed for the violations of this chapter.
(C) Animal Control Officers are hereby authorized to enter upon any unfenced/fenced lot, tract or parcel of land for the purpose of seizing and impounding any animal found thereon in violation of this chapter.
(D) Any animal which cannot be traced to its legal owner may, after a minimum detainment of five days be placed in an adoptive status. No live animal may be released from the shelter either for sale or for donation, to research laboratories or related facilities, as breeding stock for puppy mills or wholesales for further resale for use in any illegal entrapment or fighting, or for human consumption. A permanent record describing the final disposition of an animal, date, names and addresses where applicable, and subsequent fees paid shall be kept at all times.
(E) When an animal is presented by an Animal Control Officer to an attending veterinarian and when in the professional judgment of that attending veterinarian the animal should be humanely euthanized because it is suffering from disease and or injury, then the attending veterinarian in taking action to euthanize the animal shall be acting as an agent for the county and shall not be held professionally liable for his or her decision to euthanize.
(F) If the owner of any animal impounded under this chapter shall fail to redeem his or her animal within the time allowed for redemption, any other person may, upon complying with all provisions of this chapter adopt the animal from the shelter and be the lawful owner of the animal thereafter.
(1987 Code, § 8-2-15) (Ord. passed 2-8-2005)
Not withstanding any other provision of this chapter, any animal impounded which is badly injured/wounded or diseased (not rabies suspect) and has no identification shall be destroyed immediately in a humane manner. If the animal has identification, the animal shelter shall attempt expeditiously to notify the owner or keeper before euthanizing such animal, but if the owner cannot be reached readily and the animal is suffering, the Animal Control Supervisor or his or her designee may cause the animal to be euthanized at his or her discretion in a humane manner. The animal shelter and Animal Control Section shall have no liability for euthanizing injured/wounded or diseased animals.
(1987 Code, § 8-2-16) (Ord. passed 2-8-2005)
It shall be unlawful for any person, without the consent of the owner or keeper, knowingly and intentionally to harbor, keep in possession by confinement or otherwise any animal that does not belong to him or her. Any person in possession of a stray animal shall contact the Animal Control Section within 72 hours to arrange for impoundment or provide notification of the stray animal’s description and location and it shall be unlawful for any person, other than the owner or keeper of an animal, to remove the collar, license tag or rabies tag from around the neck of the animal.
(1987 Code, § 8-2-17) (Ord. passed 2-8-2005) Penalty, see § 94.99
Loading...