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The provisions of subsection 8.04.400C of this chapter will not apply in the following circumstances:
A. The owner or handler has been mandated by animal services to keep the animal properly restrained at all times by the use of a tether or other means of containment.
B. The owner or handler has an animal that is registered as a dangerous animal under section 8.04.125 of this chapter.
C. The owner or handler of an animal has made application with animal services for an extension to the maximum tethered hours in subsection 8.04.400C of this chapter. The application has passed review and inspection. Written notice has been given to the owner or handler of the approved extension.
D. The owner or handler has attached the animal to a running line, pulley or trolley system. The animal shall not be tethered to the running line, pulley or trolley system by means of a choke collar, choke chain or pinch collar.
E. The owner or handler has tethered the animal pursuant to the requirements of a park, camping or recreational area.
F. The owner or handler has tethered the animal while actively engaged in the business of shepherding or herding cattle, sheep or other livestock or conduct that is directly related to the business of cultivating agriculture products if the restraint is reasonably necessary for the safety of the animal.
G. The owner or handler is actively engaged in a lawful licensed hunting activity. (Ord. 21-14, 2014)
A. Attacking Animals: It is unlawful for the owner or person having charge, care, custody or control of any animal to allow such animal to attack, chase or worry any person, any domestic animal having a commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. "Worry", as used in this section, means to harass by tearing, biting or shaking with the teeth.
B. Owner Liability: The owner in violation of subsection A of this section shall be strictly liable for violation of this section. In addition to being subject to prosecution under subsection A of this section, the owner of such animal shall also be liable in damages to any person injured or to the owner of any animal(s) injured or destroyed thereby.
C. Defenses: The following shall be considered in mitigating the penalties or damages or in dismissing the charge:
1. That the animal was properly confined on the premises;
2. That the animal was deliberately or maliciously provoked.
D. Animals May Be Killed: Any person may kill an animal while it is committing any of the acts specified in subsection A of this section, or while such dog is being pursued thereafter. (Ord. 1-06 § 19, 2006: prior code § 100-1-14)
It is unlawful for the owner of any potentially dangerous or dangerous animal to permit such animal to go or be off the premises of the owner unless such animal is under restraint and properly muzzled so as to prevent it from injuring any person or property. Every animal deemed so dangerous that it cannot be controlled by reasonable restraints, and every potentially dangerous or dangerous animal not effectively controlled by its owner or person having charge, care or control of such animal, so that it shall not injure any person or property, is a hazard to public safety, and the director of animal services shall take any necessary enforcement actions authorized in this title to ensure the safety of the public. (Ord. 21-14, 2014)
It is unlawful for any person to sell, offer for sale, barter, give away, keep, own, harbor or purchase any wild animal, as defined in section 8.04.010 of this chapter, or its successor; except, the animal shelter, a zoological park, veterinary hospital, humane society shelter, public laboratory, circus, sideshow, amusement show, or facility for education or scientific purposes may keep such an animal if protective devices adequate to prevent such animal from escaping or injuring the public are provided. (Ord. 1-06 § 20, 2006: Ord. 69-99 § 6, 1999: Ord. 59-86 § 3, 1986: prior code § 100-1-27)
A. Rabbits Or Fowl: It is unlawful for any person to sell, offer for sale, barter or give away any baby rabbits or fowl under two (2) months of age in any quantity less than six (6). Such animals shall not be artificially dyed or colored. Nothing in this provision shall be construed to prohibit the raising of such rabbits and fowl by a private individual for his or her personal use and consumption, provided that such individual shall maintain proper brooders and other facilities for the care and containment of such animals while they are in his or her possession.
B. Premiums And Novelties: It is unlawful for any person to offer as a premium, prize, award, novelty, or incentive to purchase merchandise, any live animal. Nothing herein shall be construed to prohibit the offering or sale of animals in conjunction with the sale of food or equipment designed for the care and keeping of such animals.
C. Pet Turtles: It is unlawful to raise or sell any Pseudemys scripta-elegans, or P. troosti family Testudinidae, "pet turtles". (Prior code § 100-1-26)
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 or she shall immediately notify the office of animal services, 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 services facility or other appropriate facility and notifying the office of animal services. Such animal may be taken in by the animal services facility and dealt with as deemed appropriate under the circumstances.
C. Emergency vehicles are exempted from the requirements of subsection B of this section. (Ord. 69-99 § 6, 1999: prior code § 100-1-25(7))
A. It is 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 such person's buildings, sheds, rooms, yards, grounds or premises for the purposes aforesaid.
B. Law enforcement officers or animal services officials may enter any building or place where there is an exhibition of the 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 or there found for the purposes of 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. (Ord. 69-99 § 6, 1999: prior code § 100-1-25(8))
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