CHAPTER 3
ANIMAL CONTROL

ARTICLE A. GENERAL PROVISIONS

SECTION:

5-3A-1: Definitions

5-3A-2: At Large

5-3A-3: Pasturing In Public Places

5-3A-4: Keeping Of Specific Animals

5-3A-5: Animals Which Disturb

5-3A-6: Buildings For Animals; Location

5-3A-7: Kennels, Pet Shops And Similar Establishments

5-3A-8: Sanitation

5-3A-9: Vicious Dogs May Be Killed

5-3A-10: Penalty

5-3A-1: DEFINITIONS:

The following words and phrases when used in this chapter shall have the meanings prescribed in this section, except in those cases where the context clearly indicates a different meaning:

ANIMAL: Any horse, mule, donkey, pony, cow, sheep, goat, hog, dog, cat, rabbit, chicken, goose, duck, turkey, or other animal or fowl.

AT LARGE: An animal shall not be deemed at large when it is on premises under the control of or occupied by its owner. An animal shall not be deemed at large when it is under restraint by a competent person by means of leash or otherwise. All other animals shall be deemed at large.

OWNER: Any person, firm or corporation owning, harboring or keeping an animal. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns, for a period of ten (10) days or more, shall be deemed to be harboring or keeping the animal.

VICIOUS ANIMAL: An animal which has bitten, or attempted to bite, without undue provocation, or which attacks, or acts as if it intended to attack or bite, or bites, when not unduly provoked. (1989 Code § 4-101; amd. 2002 Code)

5-3A-2: AT LARGE:

   A.   Prohibited: No owner shall permit any animal owned, harbored or kept by him to be at large. It is unlawful for any animal to be at large at any time within the city. (1989 Code § 4-102)

   B.   Turning Animals At Large Prohibited: It is unlawful for any person to open any enclosure in which any animal is confined as required by ordinance so as to turn the animal at large, or in any manner to turn the animal at large. (1989 Code § 4-103)

5-3A-3: PASTURING IN PUBLIC PLACES:

It is unlawful for any person to stake, confine or pasture any animal on any public school ground or other public property, federal, state, city or other, on any railroad right of way, or on any property without the consent of the person owning or controlling such property. (1989 Code § 4-104)

5-3A-4: KEEPING OF SPECIFIC ANIMALS:

   A.   Swine: It is unlawful for any person to keep swine within the city, except in an enclosure awaiting immediate transportation, or as may be specified by the agricultural zoning regulations of the city zoning regulations. (1989 Code § 4-105; amd. 2002 Code)

   B.   Animals And Fowl Requiring Permits:

      1.   Permit Required; Exception: It is unlawful for any person, persons, firm, corporation or association of individuals to allow or permit any fowl, including, but not limited to, chickens, pigeons and other like fowl, or any domestic animal, including, but not limited to, horses, mules, donkeys, cows, sheep or goats, within the city limits without first having obtained a permit from the city clerk; except that said permit shall not be required for tracts of land in the city which are zoned agriculture. (Ord. 633, 6-15-1993; amd. 2002 Code)

      2.   Application Requirements; Petition Of Property Owners: The city clerk shall issue a permit, subject to the satisfaction of the requirements of subsection B3 of this section, upon receipt of an application in writing, together with a petition, requesting permission for an animal or a fowl pen. The petition shall be signed by one hundred percent (100%) of the owners and occupants of the property adjacent to, or within one hundred feet (100'), excluding streets and alleys, of the outside boundary of the site of such animal or fowl pen, but no such permit shall be issued without the prior approval of the city council. (1989 Code § 4-115)

      3.   Suitable Enclosure Required: Prior to the issuance of a permit for the keeping of animals and fowl within the city limits, the city clerk shall ascertain that suitable enclosure space has been erected for the safekeeping of such animals or fowl, and each such enclosure or pen shall be substantially erected on the ground area of not less than nine hundred (900) square feet per each fowl pen, and not less than one thousand five hundred (1,500) square feet per each animal, and not less than one hundred fifty feet (150') from any dwelling, and all of such enclosures shall be situated on an alley or rear property line of the lot. (1989 Code § 4-116)

      4.   Revocation Of Permit: The keeping of any animal or fowl shall be upon the condition that the city council may revoke the permit issued for this purpose when it is satisfactorily proved that any of the provisions of this chapter have been violated; or that the keeping of any such animal or fowl is a nuisance to any individual, neighborhood or the public generally, or that the keeping of same is likely to endanger, or be prejudicial to the public health or welfare of any citizen or citizens of the city. (1989 Code § 4-117)

   C.   Wild, Exotic Or Dangerous Animals:

      1.   Defined: For the purpose of this section, a "wild, exotic or dangerous animal" means an animal of the larger variety which is usually not a domestic animal and which can normally be found in the wild state, with or without mean or vicious propensities, including, but not limited to, lions, tigers, leopards, panthers, bears, wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, and all forms of poisonous snakes, lynxes, raccoons, skunks, monkeys, and other like animals.

      2.   Keeping Prohibited; Exception, Permit Required:

         a.   It is unlawful to keep or harbor any wild, exotic or dangerous animal in the city limits as a pet or for display or for exhibition purposes, whether gratuitously or for a fee, except as provided in this section.

         b.   If the owner of a wild, exotic or dangerous animal can establish to the police department's satisfaction that an animal ordinarily considered as wild, dangerous or exotic is not dangerous to people or other animals and that the animal is healthy, safe and tame as a pet, then the city clerk may issue a permit to the owner to keep such animal in the city limits. The permit shall be renewed annually. The fee shall be set by the city council. For any animal so permitted as provided in this subsection, the owner agrees to accept full responsibility for the actions and behavior of such animal. The establishment of whether such animal is healthy, safe and tame as a pet shall be the responsibility of the owner of the animal by submitting written evidence to the police department. No permit shall be granted by the city clerk unless written approval to the evidence submitted by the owner is submitted to the city clerk in advance.

         c.   The city may issue temporary permits for keeping, care and protection of an infant animal native to this area which has been deemed to be homeless. The city shall have the power to release or order the release of any infant wild animal kept under temporary permit which is deemed capable of survival.

      3.   Parks, Zoos, Exhibitions; Exceptions: This section shall not be construed to apply to zoological parks or zoos, performing animal exhibitions or circuses licensed by the city. (1989 Code § 4-118)