A. Interference: It is unlawful for any person to interfere with any peace officer or animal control officer or their assistants in the discharge of their duties under this chapter, or likewise any officer or authorized personnel of the humane society.
B. Harboring Stray Dogs: It shall be unlawful for any person, except an animal welfare society, to harbor or keep any lost or strayed dog. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal control service within forty eight (48) hours, and the service shall impound the dog as herein provided.
C. Animals At Large: It shall be unlawful for the owner or person having charge or control of any dog to allow such dog at any time to run at large. The owner or person charged with responsibility for a dog found running at large shall be strictly liable for a violation of this subsection regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not he or she knows that the animal is running at large.
D. Animals On Unenclosed Premises: It shall be unlawful for any person to chain, stake out or tether any animal on any unenclosed premises in such a manner that the animal may go beyond the property line, unless such person has permission by the owner of the affected property. No animals are to be staked or tethered along public roadway easements or business or public walkways.
E. Female Dogs In Heat: Any owner or person having charge or control of any female dog in heat shall, in addition to restraining such dog from running at large, cause such dog to be constantly confined in a building or secure enclosure so as to prevent it from attracting by scent or coming into contact with other animals and creating a nuisance.
F. Places Prohibited To Animals; Exception:
1. It shall be unlawful for any person to take or permit any animal, whether loose or on a leash or in arms, in or about any establishment or place of business where food or food products are sold or distributed, including, but not limited to, restaurants, grocery stores, meat markets, and fruit or vegetable stores.
2. This section shall not apply to dogs provided for in subsection 5-4-4E2 of this chapter.
G. Cruelty To Animals Prohibited:
1. Physical Abuse: It is unlawful for any person to wilfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club or other object, mutilate, burn or scald, overdrive or otherwise cruelly set upon any animals. Each offense shall constitute a separate violation.
2. Hobbling Animals: It is unlawful for any person to hobble livestock or other animals by any means which may cause injury or damage to any animal.
3. Care And Maintenance: It shall be the duty of any person to provide any animal in his charge or custody as owner or otherwise, with adequate food, drink, care and shelter.
4. Animals In Vehicles: It shall be unlawful for any person to carry or confine any animals in or upon any vehicle in a cruel or inhumane manner, including, but not limited to, carrying or confining such animal without adequate ventilation or for an unusual length of time, or for a period of time likely to cause or within which harm may result to the animal.
5. Abandonment: It shall be unlawful for any person to abandon any animal within the city.
6. Poisoning: It shall be unlawful for any person by any means to make accessible to any animal, with intent to cause harm or death, any substance which has in any manner been treated or prepared with any harmful or poisonous substance. This provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin in furtherance of the public health when applied in such a manner as to reasonably prohibit access to other animals.
7. Injury By Motorists:
a. Every operator of a motor or other self-propelled vehicle upon the streets of the city shall, immediately upon injuring, striking, maiming or running down any domestic animal, give such aid as can reasonably be rendered. In the absence of the owner, he shall immediately notify animal control, furnishing requested facts relative to such injury.
b. It shall be the duty of such operator to remain at or near the scene until such time as the appropriate authorities arrive, and upon the arrival of such authorities, the operator shall immediately identify himself to such authorities. Alternatively, in the absence of the owner, a person may give aid by taking the animal to the animal control facility or other appropriate facility and notifying animal control. Such animal may be taken in by the animal control facility and dealt with as deemed appropriate under the circumstances.
c. Emergency vehicles are exempted from the requirements of the foregoing provisions while proceeding on an emergency.
8. Animals For Fighting:
a. It shall be unlawful for any person, firm or corporation to raise, keep or use any animal, fowl or bird for the purpose of fighting or baiting; and for any person to be a party to or be present as a spectator at any such fighting or baiting of any animal or fowl; and for any person, firm or corporation to knowingly rent any building, shed, room, yard, ground or premises for any such purposes as aforesaid or to knowingly suffer or permit the use of his buildings, sheds, rooms, yards, grounds or premises for the purposes of the aforesaid.
b. Law enforcement officers or animal control officials may enter any building or place where there is an exhibition of fighting or baiting of a live animal, or where preparations are being made for such an exhibition, and the law enforcement officers may arrest persons there present and take possession of all animals engaged in fighting, along with all implements or applications used in such exhibition. This provision shall not be interpreted to authorize a search or arrest without a warrant when such is required by law.
9. Killing Of Birds: It shall be unlawful for any person to take or kill any bird or to rob or destroy any nest, egg or young of any bird in violation of the laws of the state, unless sanctioned by the authority of the county health department or animal control.
10. Malicious Impounding: It shall be unlawful for any person maliciously to secrete or impound the animal of another, or to cause the same to be done.
H. Sale Of Animals:
1. Animals Or Fowl: It shall be unlawful for any person to sell, offer for sale, barter or give away ducklings in any quantity less than two (2), or other fowl under two (2) months of age, in any quantity of less than six (6). Animals or fowl offered for sale shall not be artificially dyed or colored. Nothing in this provision shall be construed to prohibit the raising of fowl by a private individual for his personal use and consumption; provided, that he shall maintain proper brooders and other facilities for the care and containment of such animals or fowl while they are in his possession and comply with all zoning ordinances relating thereto.
2. Premiums And Novelties: It shall be unlawful for any person to offer as a premium, prize, award, novelty or incentive to purchase merchandise, any live animal, except fish.
3. Pet Turtles: It shall be unlawful for any pet shop to sell any Psuedemys scripta-elegans or P. troostii family testudinidae, "pet turtles", less than four inches (4") in diameter or in contravention of any state or federal law or regulation dealing with same.
I. Wild Animals: It shall be unlawful for any person other than a publicly maintained and supervised zoo, zoological garden, a duly authorized circus or sideshow, or an educational institution with adequate and proper facilities, to keep and maintain any dangerous or poisonous reptile, lion, tiger, cougar, jaguar, wild cat, lynx, cheetah, bear or other dangerous wild animal, fish or reptile. In such cases, animals must be maintained by means of protective devices adequate to prevent such animals from escaping or injuring the public. Every facility controlling or maintaining such animals shall comply with all state and federal regulations regarding quarantine and vaccination as directed for each species. All such wild animals or reptiles shall be kept under confinement on the premises of the owner, and shall not be allowed to run at large, and shall be maintained on the premises or private property of the owner in such a manner as to not endanger the life or limb of any persons lawfully entering such premises.
J. Allowing Domestic Fowls To Trespass Prohibited: It is unlawful for the owner of any domestic fowls such as turkeys, ducks, geese, chickens, peacocks or any other variety of fowl to permit such fowls to trespass or go upon the premises of another or to run at large on any public property or roadway. Fowls kept and maintained by municipalities within the confines of public parks or aviaries are exempt, except that they shall not be allowed on public roadways.
K. Animal Waste: It is unlawful for the owner of any animal to allow or permit such animal to defecate on any public property or improved private property, other than that of the owner. The person having custody of an animal shall be responsible for the immediate removal of any excrete deposited by his/her animal on any public walk, trail, recreation area, or private property other than that belonging to the owner of the animal.
L. Feeding Feral Cats And Dogs Prohibited: It shall be unlawful for any person to intentionally provide food, water, or other forms of sustenance to any feral cat or dog within the city, except after confinement of the feral cat or dog within a kennel authorized by the Riverdale City animal control services and operated in conformance with this code. (Ord. 619, 6-17-2003)