CHAPTER 3: ANIMAL CONTROL
Section
General Provisions
6-3-1 Definitions
6-3-2 Jurisdiction
6-3-3 Permit requirements; fee
6-3-4 Cruelty to animals
6-3-5 Maiming or poisoning animals
6-3-6 Carcasses removed from town
6-3-7 RESERVED
6-3-8 Animals at large
6-3-9 Creating nuisances
6-3-10 Vicious animals
6-3-11 Public health and animal waste
6-3-12 Destructive animal; conviction of violation
6-3-13 Hunting prohibited
6-3-14 Killing or mistreating animals
6-3-15 Using impounded or abandoned animals for research
6-3-16 Injured animals
6-3-17 New residents, compliance
6-3-18 Violation a misdemeanor
Dogs
6-3A-1 Licensing requirements; fee
6-3A-2 Leash required in public
6-3A-3 Rabies vaccination required
6-3A-4 Payment of fees; vaccination certificate; tag
6-3A-5 Records required
6-3A-6 Limit on number kept
6-3A-7 Impoundment and redemption provisions
6-3A-8 Barking or howling
6-3A-9 Biting by dogs; rabies test
6-3A-10 Teasing or abusing
6-3A-11 Violation a misdemeanor
GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMPHIBIAN. Any member of the class amphibian, typically aquatic in larval stage and terrestrial as an adult, breathes with lungs as an adult, has moist skin, lacking scales and claws.
ANIMAL. Any living dumb creature, domestic or wild.
ANIMAL SHELTER. Any premises designated by the Town Council for the purpose of impounding and caring for animals held under authority of this chapter.
AQUATIC. Growing or living in or frequenting water.
AT LARGE.
(1) A dog is deemed to be
AT LARGE if it is off the premises of the owner and the dog is not under restraint.
(2) All other animals are deemed to be
AT LARGE if they are off the premises of the owner and not under proper restraint.
CAGE BIRDS. Any feathered vertebrate living inside a cage not fowl.
CITATION. A notice provided to persons whose animals have violated any provision of this chapter. This notice shall be on a standard CITATION form and shall include the name of the owner; a description of the animal; a recital of the section violated and the facts that support the violation; the amount of bond fine and signature of the issuing law enforcement officer.
COMMERCIAL PURPOSES. Activities that have a primary purpose of making a profit.
LIVESTOCK. Animals kept or raised for use and/or profit, including, but not limited to, fowl and rabbits.
NUISANCE. Any animal which trespasses on public or private property; is at large; damages, soils, or defecates on private or public property; causes garbage which has previously been placed in a garbage or refuse container to be strewn or deposited on private or public property; habitually, constantly, or frequently disturbs the sleep, rest, tranquility, or peace of any neighborhood or person; chases pedestrians, bicyclists, or motor vehicles; attacks other domestic animals; any dog in heat which is not confined; any animal which is tethered in such a way that either it or its tether obstructs any part of a public road, alley, or pedestrian walkway; any animal which creates offensive odors disturbing to any neighbors and/or persons.
OWNER. Includes the legal owner or any person having the care, custody, or control of any animal.
PERSON. An individual, partnership, company, corporation, or other entity.
SECURED. Confined effectually.
SERVICE ANIMAL. Any trained and certified animal commonly understood to be a helpmate to a handicapped individual or one trained for an occupation, including, but not limited, to a trained search and rescue dog.
VETERINARY CLINIC. Any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis and treatment of diseases and injuries of animals.
(Prior Code, § 6-3-1) (Ord. 352, passed 10-4-2007; Ord. 2024-01, passed 4-4-2024)
It is declared to be the policy of the town that the Mayor and Town Council shall have jurisdiction for the purpose of regulating animals within the corporate limits of the town and preventing, abating, and removing nuisances or annoyances and offensive matter created by the keeping or maintaining of such animals.
(Prior Code, § 6-3-2) (Ord. 352, passed 10-4-2007)
(A) Permit required; exception.
(1) It shall be unlawful for any person to keep, maintain, pasture, stable, corral, or house within the town any animal, excluding dogs, cats, and fish, without first obtaining a permit therefor. Upon the action of the Town Council for special events and youth programs, the requirements for permits may be waived. Dogs shall be licensed pursuant to §§ 6-3A-1 through 6-3A-11.
(2) It shall be unlawful for any person to keep, maintain, pasture, stable, corral, or house, or construct any structure to be used for keeping, maintaining, stabling, corralling, or housing, any animal, excluding dogs, cats, and fish, within one-half mile beyond the corporate limits of the town without first obtaining a permit therefor.
(3) Structures to be used for keeping, maintaining, stabling, corralling, or housing such animals, excluding dogs, cats, and fish, shall include but shall not be limited to fences, corrals, loading pens, and barns.
(B) Application for permit. Application for a permit required by the provisions of this chapter shall be made to the Town Council or the Town Council’s designee.
(C) Permit fee. Permits for keeping, maintaining, stabling, corralling, or housing such animals, excluding dogs, cats, and fish, shall be issued by the Town Clerk-Treasurer upon the payment by the permittee of an initial license fee and, thereafter, an annual license fee.
(D) Investigation of applicant. The Town Council shall, upon receipt of an application for a permit required under this chapter, take such action upon such application as in its judgment will best serve, promote, and protect the public health and welfare of the town.
(E) Duration of permit. Permits issued under the provisions of this chapter shall be issued for the calendar year.
(F) Revocation of permit.
(1) Any permit issued under the provisions of this chapter may be revoked or canceled by the Town Council at any time during the term thereof; provided, that the Mayor and Town Council have first received a complaint in writing from a person or persons, including the Chief of Police, and such complaint shall thereupon be investigated by a committee composed of at least three public officials, to be appointed by the Mayor, which committee shall investigate such complaint and submit a recommendation to the Town Council. That recommendation, along with a copy of the complaint, shall then be forwarded to the permittee.
(2) A request for a hearing upon the recommendation of revocation or cancellation of a permit shall be made in writing and delivered to the Town Clerk-Treasurer within ten days from the date the recommendation is sent to the permittee. Such request shall specify the permit concerning which the request is made, the requesting party’s name, address, phone number, and the nature of the interest held by the requesting party.
(3) In the event of a recommendation, which notice has been given, and no hearing is requested, the Town Council may revoke or cancel the permit. If a proper request for hearing is filed, revocation or cancellation shall only proceed upon an order of the Municipal Court or withdrawal of the request for hearing.
(4) In the event a request for hearing is filed and provided, a hearing shall be held before the Municipal Court or such other individual or group as designated by the Town Council to act as hearing examiner. The purpose of the hearing shall be to decide whether revocation or cancellation of the permit is proper and for taking such further action as is authorized under this chapter. Notice of the time, place, and hour of the hearing shall be sent at least 30 days in advance of the hearing to all known parties.
(5) At such hearing, all parties shall be afforded an opportunity to present evidence, to cross-examine, and present argument; provided, that all persons testifying shall be sworn; irrelevant, immaterial, or unduly repetitious evidence shall be excluded; and the decision of the Municipal Court Judge or hearing examiner shall be based upon the type of evidence commonly relied upon by the Municipal Court.
(6) At or after such hearing, and in the event of confirmation that revocation or cancellation of the permit is appropriate, the Municipal Judge or the hearing examiner, as the case may be, may order that the Mayor and/or his or her employees or agents revoke or cancel the permit. In the event the recommendation of revocation or cancellation is confirmed, administrative costs may also be assessed at the hearing. If it is found that the revocation or cancellation is not appropriate, revocation or cancellation authority shall be denied and costs shall not be assessed.
(7) Appeals from the Municipal Court or hearing examiner may be made to the County District Court, Second Judicial District, under the rules of appellate procedure as found in the state court rules in effect at that time.
(8) In the event a request for hearing, as provided, is not timely filed, the right to a hearing shall be considered to have been waived.
(G) Keeping without permit a nuisance. The keeping, maintaining, stabling, corralling, or housing of any animal in violation of this chapter shall constitute and is hereby declared to be a misdemeanor.
(Prior Code, § 6-3-3) (Ord. 352, passed 10-4-2007; Ord. 2024-01, passed 4-4-2024) Penalty, see § 6-3-18
(A) Maltreatment. No owner shall fail to provide his or her animals with sufficient, good, and wholesome food and water, proper shelter and protection from the weather, and veterinary care when needed to prevent suffering, and humane care and treatment. No person shall beat, cruelly treat, torment, overload, overwork, tease, or otherwise abuse or molest any animal or cause or permit any dogfight, cockfight, bullfight, horse tripping, or other combat in which animals are involved.
(B) Abandonment. Abandonment of any animal is considered cruelty.
(Prior Code, § 6-3-4) (Ord. 352, passed 10-4-2007; Ord. 2024-01, passed 4-4-2024) Penalty, see § 6-3-18
No person shall willfully kill, maim, or disfigure any animal except as affirmatively provided in this chapter, or administer poison or cause to be ingested, any foreign object to any such animal, or expose any poisonous substance with the intent that it shall be taken by any such animal except pests of public health importance. This section does not limit the actions of a police officer when the officer determines the existence of a public safety danger. This section also does not limit a person’s right to reasonably protect himself, herself or another from a possible animal attack.
(Prior Code, § 6-3-5) (Ord. 352, passed 10-4-2007; Ord. 2024-01, passed 4-4-2024) Penalty, see § 6-3-18
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