TITLE 4
ANIMALS
CHAPTER 1
ANIMALS AND FOWL; GENERAL PROVISIONS
SECTION:
4-1-1: Definitions
4-1-2: Animals And Fowl Prohibited In Certain Areas
4-1-3: Enclosures
4-1-4: Sanitation
4-1-5: Running At Large Prohibited
4-1-6: Swine Restrictions
4-1-7: Dogs And Cats Excepted
4-1-8: Impounding; Redeeming Animals
4-1-9: Sale Of Unredeemed Animals; Procedure
4-1-10: Animal Waste
4-1-11: Cruelty Prohibited
4-1-12: Investigation; Right Of Entry
4-1-13: Unlawful Removal
4-1-14: Records
4-1-15: Violation; Penalty
4-1-1: DEFINITIONS:
   As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly requires otherwise:
   ANIMAL CONTROL OFFICER: The person(s) employed by the city as enforcement officer in this chapter.
   AT LARGE: Any domestic animal or fowl shall be deemed to be at large when such animal or fowl is off the property of his owner and not under control of a competent person.
   CITY ANIMAL SHELTER: The premises operated and maintained by the city for the purpose of impounding domestic animals and fowl which are found to be in violation of this chapter.
   CITY HEALTH OFFICER: The state sanitarian assigned to this county and recognized by the city as the health officer.
   EXPOSED TO RABIES: Any domestic animal or fowl has been "exposed to rabies" within the meaning of this chapter if it has been bitten by or exposed to any animal known to have been infected with rabies.
   OWNER: Any person, group of persons, association, or corporation owning, keeping, or harboring domestic animals and fowl. (2000 Code § 4-101)
4-1-2: ANIMALS AND FOWL PROHIBITED IN CERTAIN AREAS:
   It is unlawful for any person, firm, corporation, or association of individuals to allow or permit any fowl, including, but not limited to, chickens, turkeys, and pigeons; or any animal, including, but not limited to, horses, mules, donkeys, cows, sheep, and goats, to be within fifty feet (50') of any dwelling or business establishment. (2000 Code § 4-102; amd. Ord. 1065, 1-8-2008, eff. 2-7-2008)
4-1-3: ENCLOSURES:
   Suitable pens or enclosures, substantially erected, shall be provided and maintained for the safekeeping of all fowl or animals kept within the corporate limits of the city. A minimum of nine hundred (900) square feet shall be enclosed for a fowl pen, and a minimum of one thousand five hundred (1,500) square feet per animal shall be enclosed for the keeping of any domestic animals. (2000 Code § 4-103)
4-1-4: SANITATION:
   All enclosures where animals or fowl are kept shall be kept clean and free from all filth at all times. All manure shall be cleaned regularly and kept in a separate receptacle, properly covered, which shall be removed at least twice a week or whenever directed by the animal control officer or other official of the city. Each enclosure shall be sprayed with a suitable residual spray as often as necessary to control flies and other insects. (2000 Code § 4-104; amd. Ord. 1065, 1-8-2008, eff. 2-7-2008)
4-1-5: RUNNING AT LARGE PROHIBITED:
   It is unlawful for any owner of any domestic animal or fowl to permit, allow, or suffer the animal or fowl to run at large in the city. (2000 Code § 4-105)
4-1-6: SWINE RESTRICTIONS:
   A.   Keeping Restricted: It is unlawful and an offense for any person being the owner or having the custody or control thereof to keep and maintain any hogs or pigs within the corporate limits of the city, except as permitted in this section.
   B.   Permit Required; Conditions: Hogs and pigs may be kept in enclosures within the city limits after a permit has been obtained from the animal control officer on the following conditions:
      1.   The annual permit fee shall be as set by the city council by motion or resolution.
      2.   The number of hogs and pigs kept at the location are in suitably sized enclosures, substantially erected.
      3.   The permit is conditioned on the right of the animal control officer to revoke the permit when, in his judgment, the public health may require it.
      4.   The permit is issued conditioned that it shall be automatically revoked, canceled, and become void upon the complaint of any citizen to the effect that the health officer or animal control officer finds that the same is unhealthy and unsanitary and is a nuisance and menace to the health and comfort of the community or to complainant.
      5.   No hog or pig pen shall be permitted to be located within three hundred feet (300') of any dwelling or building used for residential or business purposes. All permits issued contrary to these provisions are void. (2000 Code § 4-106)
4-1-7: DOGS AND CATS EXCEPTED:
   Except for sections through of this chapter, this chapter is not intended to, nor does it in any way, apply to dogs or cats 1 . (2000 Code § 4-107)
4-1-8: IMPOUNDING; REDEEMING ANIMALS:
   A.   Impoundment: Any animal or fowl found running at large upon the streets, alleys, public places, or other private places not under the control of the owner shall be taken up by the animal control officer or someone assigned his duties by the city. Any animal or fowl so taken up shall be confined by the city.
   B.   Redemption; Payment Of Fees: The owner, or the person having custody of any such animal or fowl so taken, may redeem such animal or fowl by paying an impounding fee, as set by motion or resolution of the city council, and the cost of maintaining such animal or fowl in custody, at the fees as set by the city council. (2000 Code § 4-108; amd. Ord. 1065, 1-8-2008, eff. 2-7-2008)
4-1-9: SALE OF UNREDEEMED ANIMALS; PROCEDURE:
   When any animal or fowl is impounded by the city for a period of ninety six (96) hours or longer without redemption thereof by the owner, the city manager or his designee is directed to give notice by publication one time in a newspaper of general circulation within the limits of the city, setting forth therein the date of impoundment, the description of the animal or fowl impounded, the fact the same will be offered for sale at a time not less than five (5) days from date of publication, and that, upon sale thereof, the city shall give a bill of sale to the purchaser, without warranty, and deliver possession of the animal or fowl to the purchaser. All monies received from such sales shall be deposited in the general fund of the city. (2000 Code § 4-109)
4-1-10: ANIMAL WASTE:
   The owner of every animal shall be responsible for the removal of any excreta deposited by his animal or animals on public walks, recreation areas, or private property. (2000 Code § 4-160)
4-1-11: CRUELTY PROHIBITED:
   A.   All animals kept within the city limits shall be housed, watered, fed and protected from the weather in such a manner as not to endanger any animal's life or well being.
   B.   No person shall wilfully or maliciously:
      1.   Torture, cruelly beat, injure, maim, mutilate, overdrive, overload, unjustly destroy, kill or instigate, engage in or in any way further any act of cruelty or any act tending to produce such cruelty to any animal belonging to himself or to another.
      2.   Deprive any animal of food, drink, or shelter.
      3.   Unjustly administer any poison or noxious drug or substance to any animal.
      4.   Unjustly expose any drug or substance with the intent the drug or substance shall be taken by an animal, whether such animal is the property of that owner or another person.
      5.   Throw any animal from a vehicle.
      6.   Cause any other person to do any of the acts listed in this subsection.
   C.   No animal shall be confined within or on a motor vehicle under such conditions as may endanger the health or well being of the animal, including, but not limited to, dangerous temperature or lack of food or water.
   D.   No person shall abandon or cause to be abandoned any animal within the City limits.
   E.   The owner and/or keeper of any animal shall provide food, water, shelter and medical attention to any animal, including, but not limited to, the following:
      1.   Sufficient, wholesome food nutritious for the species.
      2.   Fresh, potable drinking water.
      3.   Medical attention to relieve such animal from suffering.
      4.   Shelter to allow the animal to remain dry and protected from the elements. (Ord. 1163, 4-8-2014)
   F.   Any person tethering an animal within the corporate limits of the City of Seminole must adhere to the following procedure:
      1.   No animal may be tethered outside for longer than twelve (12) hours in any twenty four (24) hour period;
      2.   No animal shall be restrained in the front yard of any residence or dwelling;
      3.   Any tethered animal must always have access to adequate subsistence and shelter at all times;
      4.   No animal may be tethered to a fence or be tethered in location that allows the animal to reach to the opposite side of a fence;
      5.   No animal may be tethered within reach of any aboveground utility meter, transformer or mailbox;
      6.   All areas accessible to a tethered animal must be maintained daily, including, but not limited to, the removal of animal feces.
      7.   All restraints utilized to tether an animal must comply with the following provisions:
         a.   The restraint shall be connected to the dog by a buckle-type collar or a body harness made of nylon or leather, not less than one inch (1") in width;
         b.   The restraint shall not be attached in a manner that could cause injury or discomfort to the animal;
         c.   No chain, rope, wire or bandanna shall be used as a collar;
         d.   The restraint shall be at least five (5) times the length of the dog's body, as measured from the tip of the nose to the base of the tail and terminate at both ends with a swivel;
         e.   The restraint must be appropriate to the weight of the animal, and be free from tangles or obstructions.
   Any person who is convicted of violating the provisions of this subsection F shall be punished by a fine of not more than two hundred dollars ($200.00), excluding costs, and/or imprisonment in the City Jail for a period of not more than thirty (30) days. (Ord. 1210, 2-13-2018, eff. 2-13-2018)
   G.   Any animal control officer finding an animal maltreated or abused shall remove the animal or give the owner or person causing maltreatment seventy two (72) hours to remedy the violation. If, in the opinion of the animal control officer, the life or welfare of the animal is in immediate danger, he may take charge of the animal and place the animal in care of a veterinarian at the owner's expense or place such animal in the animal shelter. The animal shall be maintained there until such time as the problem can be rectified and all fines, court costs and charges for animal care are paid in full. The decision as to whether the animal shall be released back to the person causing the maltreatment will then be made by the presiding Judge upon recommendation of the animal control officer.
   H.   If the condition of the animal is not improved to the satisfaction of the animal control officer, another citation may be issued. (Ord. 1163, 4-8-2014)
4-1-12: INVESTIGATION; RIGHT OF ENTRY:
   For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, the animal control officer is empowered to enter on premises upon which a dog or cat is kept or harbored and to demand the owner to produce the tag or receipt for such dog or cat. It is further provided that the animal control officer may enter the premises where any dog is kept in a reportedly cruel or inhumane manner and demand to examine such dog and take possession of the dog when, in his opinion, the dog requires humane treatment. (2000 Code § 4-162)
4-1-13: UNLAWFUL REMOVAL:
   No person shall take out or attempt to take out of the City animal control shelter, or any animal shelter property any animal or animals located therein without first paying the fees prescribed by this chapter, and meeting the vaccination requirements contained in this title. (2000 Code § 4-163)
4-1-14: RECORDS:
   A.   Impoundment And Redemption: It is the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all dogs and cats coming into his custody.
   B.   Monies: It is the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of all monies belonging to the City, which records shall be open to inspection at reasonable times by persons responsible for similar records of the City, and shall be audited annually in the same manner as other City records are audited. (2000 Code § 4-164)
4-1-15: VIOLATION; PENALTY:
   A.   Failure To Comply Unlawful: It is unlawful for a person, firm or corporation to violate, neglect, or refuse to comply with any regulation, requirement, or provision contained within this chapter.
   B.   Each Day Separate Violation: Each act or omission in violation of any provision hereof shall be deemed a separate violation of such provision, and for each calendar day during which any violation continues, a separate violation shall be deemed to have been committed.
   C.   Penalty Imposed: Any person, firm or corporation who violates, neglects or refuses to comply with any regulation, requirement or provision of this chapter is hereby deemed to be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section of this Code. (2000 Code § 4-165)

 

Notes

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1. See of this title.