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§ 91.040 FEEDING OF WATERFOWL PROHIBITED.
   (A)   Definitions.
      DOMESTIC WATERFOWL. Nonnative ducks, geese and swans not retained in agricultural activities.
      FEED or FEEDING. The act of or furnishing of food or other substance.
      MIGRATORY WATERFOWL. Ducks, geese and swans native to North America.
   (B)   Prohibition of feeding. No person or persons shall feed, cause to be fed or provide food for migratory or domestic waterfowl in lands or waters publicly owned within the city. No person or persons shall foster any condition to exist or continue, which results in a congregation or congestion of migratory or domestic waterfowl within the corporate limits of the city.
   (C)   Penalties for offenses. Any person or persons found to be violating this section shall be subject to a fine of $50 per offense, enforceable by the Police Department. Each day any such violation continues shall constitute a separate offense. The imposition of any fines under this section shall not prevent the enforced abatement of any unlawful condition of the city.
(Ord. 14-2005, passed 11-14-05) Penalty, see § 91.999
§ 91.041 HOMELESS CATS.
   (A)   General requirements.
      (1)    All homeless cat colonies shall:
         (a)   Operate in such a manner as to not constitute a public nuisance; and
         (b)   Comply with all of the provisions of this chapter that provide standards for the general care of animals;
      (2)   Any person who provides food, water or shelter to a colony of homeless cats shall be registered with the Department of Animal Control or its designee.
   (B)    Managed homeless cats. The Department of Animal Control or its designee, in order to encourage the stabilization and reduction of the homeless cat population in the city, may:
      (1)   Trap any homeless cat in a humane manner;
      (2)   Have the homeless cat surgically sterilized and ear-tipped or tattooed by a licensed veterinarian;
      (3)   Release the homeless cat for adoption or other disposition in accordance with the law, or to a colony caretaker who will maintain the homeless cat as part of a managed colony of homeless cats.
      (4)   The Department of Animal Control may impound homeless cats in violation of this chapter and dispose of the homeless cats in accordance with applicable law.
         (a)   Any homeless cat impounded at the city animal shelter that bears an appropriate ear-tipping or tattoo indicating it belongs to a managed colony shall be returned to its managed colony, if the colony can be determined, unless illness or injury present an imminent danger to public health or safety.
         (b)   Seriously ill or injured homeless cats with no reasonable prognosis for humane rehabilitation for survival outdoors may be humanely euthanized.
   (C)   Colony caretaker responsibilities.
      (1)   Colony caretakers shall abide by standard trap-neuter-return guidelines devised by the Department of Animal Control or its designee regarding the provision of food, water, shelter and veterinary care to the managed colony.
      (2)   A colony caretaker shall not have ever been convicted of animal cruelty.
      (3)   A colony caretaker shall not allow a cat(s) that is part of his/her colony to become a public nuisance.
(Ord. 10-2008, passed 12-8-08) Penalty, see § 91.999
REGISTRATION AND COMMERCIAL PERMITS
§ 91.050 PET REGISTRATION REQUIRED; EXCEPTION; TAGS; MICROCHIP IMPLANT.
   (A)   Any person owning, keeping, harboring, or having custody of any dog or cat over the age of five months must obtain a pet registration for such animal; provided, however, that no pet registration shall be required of any animal welfare organization, municipal animal control facility or governmental agency, or guide dog. Animals belonging to those agencies or persons will be issued complimentary registration tags.
   (B)   A durable tag stamped with registration number and year of issuance will be provided to pet registration holders for each registration granted. Dogs and cats must wear their tags at all times on their collars, except when involved in any organized show, obedience demonstration, and training situation or under the care of a licensed veterinarian.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999
§ 91.051 APPLICATION FOR REGISTRATION OR PERMITS.
   (A)   Application for registration or permits may be made at the Department of Animal Control or designated facility, or by mail, and shall include the name, address of applicant, type of permit applied for, number and description of animal(s), information regarding sterilization and appropriate fee.
   (B)   Registration and permits are to be issued for a term of one year, with the exception of lifetime registration, commencing with the date of issuance. Microchip implants may be registered for the life of the animal with the Department of Animal Control. Owners must contact the Department of Animal Control with changes of address or telephone. Failure to keep contact information current may result in the inability of the department to contact an owner. Animals will be held five days prior to disposition. The Department of Animal Control will consider the registered microchip and/or tag owner to be the legal owner.
   (C)   Upon issuance, the Department of Animal Control shall issue a registration or permit in written form, which includes the number of the registration or permit, type of registration or permit. In addition, the Department of Animal Control shall issue a durable tag stamped with the registration number and year of issuance for each pertinent registration. Additionally, a durable tag will be issued for an animal that has received a microchip implant upon national registration by the pet owner. The tag will have a corresponding number to that of the implanted microchip and will display a national, toll-free, 24-hour, seven days per week telephone number for the purpose of animal and owner identification.
   (D)   The Department of Animal Control shall maintain records of the identifying registration/permit number.
   (E)   It shall be unlawful for any owner of any dog or cat to fail to provide any dog or cat over the age of five months with current pet registration as provided in this section. The owner of any dog or cat, which dog or cat is over the age of three months, must also have in his possession a current rabies vaccination tag showing that such animal has been vaccinated against rabies as otherwise provided in § 91.075. Any owner of such animal who moves into the city for purposes of establishing a residence or residing or who becomes a resident as result of annexation shall have 30 days in which to obtain the permit required by this chapter.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999
§ 91.052 FEES.
   In addition to all other fees required by law to be paid, the following fees shall be paid:
   (A)   Pet registration.
      (1)   For the year 2005 which shall commence on January 1 and end December 31:
 
Each altered dog or cat age five months or older
$5
Each unaltered dog or cat age five months or older
50
Lifetime registration altered dog or cat age five months or older
30
Replacement tags
5
 
      (2)   Upon a written statement from a licensed veterinarian setting forth that the neutering of the animal shall constitute a threat to the health of that animal, the payment of the permit fee for unaltered animal shall not be required but the animal shall be classified as an altered animal for purposes of permit registration and fees. Registration at the altered tag price under this section will constitute agreement not to breed the animal. Doing so will result in fines.
      (3)   Handicapped person. Any handicapped owner of a dog that is used for seeing or hearing purposes shall be exempt from a permit fee.
      (4)   Senior citizen exemption. Any cat or dog owner 62 years of age or older who owns an altered animal may receive his or her annual registration free of charge, or lifetime registration at the price of an annual altered tag; provided, however, that if the animal of any such person has not been spayed or neutered, the person who is 62 or more years of age shall pay the same permit fee and be subject to the above pet registration fees and charges as otherwise required for any animal.
   (B)   Kennel/cattery permit.
      2 - 15 dogs         $50
   (C)   Grooming shop permit.
      Fee            $50
   (D)   Major breeder's permit.
      Fee            $100 plus any applicable kennel/cattery permit fee
   (E)   Minor breeder's permit. Any owner or person having custody of a dog or cat that has delivered a litter, who chooses not to relinquish the animal to the Department of Animal Control and also chooses not to have the animal neutered, will be required to purchase a minor breeder permit at the rate of $40 plus any applicable kennel/cattery permit fee.
   (F)   Pet shop permit.
      Fee            $100
   (G)   Circus, animal concession, animal event, and commercial animal exhibit permits.
      (1)   Fee         $100
      (2)   Permits are to be issued for a term of one year, commencing with the date of issuance.
      (3)   Prior to engagements, permit holders will furnish the Department of Animal Control with a schedule of dates and times of exhibits or performances so the Department of Animal Control can perform periodic inspections.
   (H)   Omnibus permit.
      (1)   Fee         $150
      (2)   This permit shall allow the holder to operate a kennel or cattery, grooming shop, pet shop, and to be a major or minor breeder.
      (3)   The permit holder does not need to obtain individual permits in the aforementioned areas, but all requirements for each of the aforementioned permits shall be met before the omnibus permit may be granted.
   (I)   All permits will be issued after inspection approved by the Department of Animal Control, provided all requirements of this chapter are met.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999
§ 91.053 APPEAL; DENIAL OR REVOCATION OF PERMIT.
   (A)   Any person who is denied a permit or whose permit is revoked may appeal the denial or revocation to the Director within 60 days of the date of the denial or revocation of the permit.
   (B)   All requests for appeals must be in writing and addressed to the Director; whereupon, the Director shall set the appeal for hearing within 45 days of the receipt of the written request.
(Ord. 14-2004, passed 12-13-04)
§ 91.054 MAJOR BREEDER’S PERMIT.
   (A)   A major breeder's permit shall be obtained by:
      (1)   Any person who intentionally or accidentally causes the breeding of more than one cat or dog or makes more than one cat or dog available for breeding purposes in a 12-month period; or
      (2)   Any person who offers for sale, sells, trades, receives other compensation or gives away more than one litter of dogs or cats in a 12-month period; excepting a litter of dogs or cats taken to the Department of Animal Control;
   (B)   And such person shall:
      (1)   Not allow the birthing of more than one litter per female dog or cat in a 12-month period;
      (2)   Furnish the Department of Animal Control with information on the birth of each litter of dogs or cats as may be required by Department of Animal Control to register that litter of dogs or cats with the Department of Animal Control, and to be assigned a litter number for each litter;
      (3)   Further be required to register with the Department of Animal Control the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five days after the date of such sale or transfer;
      (4)   Transmit to the new owner or buyer the litter number of the animal acquired, and the major breeder's permit number in order that the new owner has assurance and proof that the animal was legally bred;
      (5)   Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the Department of Animal Control) against common disease; in the case of dogs, against canine distemper, adeno-virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleukopenia;
      (6)   Not offer a puppy or kitten under the age of eight weeks for sale, trade, other compensation or for free giveaway (except a puppy or kitten or litters of them taken to the Department of Animal Control); and
      (7)   Furnish warrant of health for a period of not less than one week with recommendation to have examined by a licensed veterinarian for each animal sold.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999
§ 91.055 MINOR BREEDER’S PERMIT.
   (A)   A minor breeder's permit shall be obtained by:
      (1)   Any person who intentionally or accidentally causes the breeding of a cat or dog or makes a cat or dog available for breeding purposes;
      (2)   Any person who offers for sale, sells, trades, receives other compensation or gives away any litters of dogs or cats; excepting a litter of dogs or cats taken to the Department of Animal Control; or
      (3)   Any owner or person having custody of a dog or cat that has delivered a litter or caused the delivery of a litter, who chooses not to relinquish the animal to the Department of Animal Control and also chooses not to have the animal spayed or neutered shall cause the animal to be implanted with a microchip and to register this dog or cat within 30 days of having received notice to accomplish this procedure from the Department of Animal Control.
   (B)   And such person shall:
      (1)   Be allowed to breed only one dog or one cat which results in the birthing of a maximum of one litter in a 12-month period in his or any other domestic household or establishment or any combination thereof;
      (2)   Not be allowed to offer for sale, sell, trade, receive other compensation or give away more than one litter of dogs or one litter of cats in a 12-month period; excepting a litter of dogs or cats taken to the Department of Animal Control;
      (3)   Furnish the Department of Animal Control with information on the birth of each litter of dogs or cats as may be required the Department of Animal Control to register that litter of dogs or cats with the Department of Animal Control, and to be assigned a litter number for each litter;
      (4)   Further be required to register with the Department of Animal Control the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five days after the date of such sale or transfer;
      (5)   Transmit to the new owner or buyer the litter number of the animal acquired, and the minor breeder's permit number in order that the new owner has assurance and proof that the animal was legally bred;
      (6)   Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the Department of Animal Control) against common disease; in the case of dogs, against canine distemper, adeno-virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleukopenia;
      (7)   Not offer a puppy or kitten under the age of eight weeks for sale, trade, other compensation or free giveaway (except a puppy or kitten or litters of them taken to the Department of Animal Control); and
      (8)   Furnish warrant of health for a period of not less than one week with recommendation to have examined by licensed veterinarian for each animal sold.
   (C)   Any owner or person having custody of a dog or cat which has been neutered within ten weeks after giving birth to a litter or who turns the adult dog or cat over to the Department of Animal Control within ten weeks from the birth date of the litter, will be required to purchase a minor breeder permit at the rate of $10.
   (D)   Any owner or person having custody of a dog or cat which has delivered a litter, who chooses not to relinquish said animal to the Department of Animal Control and also chooses not to have the animal neutered, will be required to purchase a minor breeder permit at the rate of $40 plus any applicable kennel/cattery permit fee. The permit shall be issued provided all requirements of this chapter are met.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999 
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