It is unlawful for any person to:
(a) Willfully or maliciously kill, maim, disfigure, torture, beat with any object, mutilate, burn or scald with any substance, or otherwise cruelly set upon any animals; except that reasonable force may be employed to drive off dangerous animals;
(b) Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;
(c) Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as hereinafter provided. The municipal court judge may order a person convicted of a violation of this subsection to turn the animal involved over to a designated humane society or animal shelter. All such animals taken by the designated agency may be destroyed humanely as soon thereafter as is conveniently possible. This section shall not be construed to include veterinary hospitals or animals under active veterinary care;
(d) Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl, except pigeons, under two months of age in any quantity less than twelve (12); or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section, which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color; provided, however, that this section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection; in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;
(e) Promote, state, hold, manage or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purposes of injuring, killing, maiming or destroying themselves or any other animals;
(f) Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for health and well-being of such kind of animal;
(g) Use, place, set out or deploy any above-ground animal trap that will damage or injure any animal when caught by the device or trap.
(h) Use or facilitate combat between animals or between animals and humans.
(i) A violation of this provision is a Class B Misdemeanor.
(Ord. 536; Code 2018)
(a) Every person who by words, signs or otherwise, sets any dog(s) or pup(s) to fight, or causes any dog(s) or pup(s) to attack any other dog or any other animal, or aids or abets or encourages any dog(s) or pup(s) to attack or chase any human being not engaged in malicious acts, or being the owner, keeper or harborer of any dog(s) or pup(s) who knowingly permits such dog(s) or pup(s) to fight without endeavoring to prevent such fighting, shall be guilty of a Class A misdemeanor.
(b) It is unlawful for any person to intentionally, knowingly, recklessly, or with criminal negligence, to use or allow or permit to be used, property that he or she owns or has control over, for the purpose of conducting animal fights. For purposes of this section, “animal” shall mean a domesticated living creature and wild living creatures previously captured, other than a dog.
(c) It is unlawful for any person to possess animal fighting equipment within the city. As used herein, the term “animal fighting equipment” means any equipment used for training, handling, housing, feeding or transporting fighting animals. The term also includes animals being used, trained or bred for fighting or intended to be used, trained, or bred for fighting.
(d) A violation of this provision is a Class A Misdemeanor.
(Ord. 536; Code 2018)
(a) It is unlawful for any person to fail, refuse or neglect to provide any animal in his or her charge or custody, or otherwise, with proper food, water, shade, adequate shelter or veterinary care when needed to prevent suffering or grooming, when lack thereof would adversely affect the health of the animal, or with humane care and treatment.
(b) To provide “adequate shelter” for a dog or cat the following standards must be met:
(1) The shelter must provide protection from the weather, i.e., sun, wind, precipitation (in whatever form), or other inclement weather conditions.
(2) If there are no artificial heat sources, the structure shall be small enough to allow the dog or cat to warm the interior of the structure and maintain its body heat, but large enough to permit normal postural adjustments, or standing.
(3) Plastic air shipping containers and/or pet carriers shall not be used as outdoor shelters. A violation of this provision is a Class C Misdemeanor
(c) Animal in State of Pain or Suffering.
(1) If any animal without a license tag or other identifying marker is found in a state of pain and suffering or becomes so during confinement, the animal control division may dispose of the animal in any humane manner without complying with the three-day (seventy-two (72) hour) waiting period as set out herein.
(2) If the owner or keeper of an animal found in a state of pain or suffering refuses to assume responsibility to care for the animal, the animal control officer may dispose of the animal in a humane manner.
(d) Animal in Motor Vehicles.
(1) It is unlawful for any person to leave any animal in any standing or parked vehicle in such a way as to intentionally, knowingly, recklessly, or with criminal negligence endanger the animal’s health, safety or welfare. An animal control officer, or police officer is authorized to use reasonable force to remove the animal from the vehicle whenever it appears that the animal’s health, safety or welfare is or will be endangered if the owner of the vehicle cannot be located after reasonable attempts. The animal shall be taken to the animal shelter or to a veterinarian if the animal is in distress. A written notice bearing the name of the officer removing the animal, a telephone number where he or she can be contacted and the location where the animal may be claimed by the owner shall be attached to the vehicle. Any person violating this section shall bear the full cost and expense incurred by the city in the care, medical treatment, impoundment cost and disposal of the animal, including the removal from a vehicle in addition to any criminal penalty that may imposed under this section.
(2) Instances where occupants of motor vehicles are involved in a traffic accident or other vehicle related incidents which result in animals being left uncontrolled or unattended, animal control or police officers of the city are authorized to take welfare custody of such unattended animals. In the interest of the health, safety or welfare of such animals, officers are authorized to transport such animals to the city’s animal shelter. Information shall be provided to the animal’s owner as to the animal’s disposition. Animal owners shall bear full cost and expense incurred by the city in the care, medical treatment, impoundment cost or other associated costs.
(3) Right of Entry-Penalty. It is unlawful for any person to conceal a dog or pup or interfere with the animal control officer or any law enforcement officer in the performance of his or her legal duties, as provided in this chapter. The officers shall have the right of entry onto any unenclosed lots or lands for the purpose of collecting any dog or pup which is on such lot or land in violation of this article and whose presence or existence is a violation of the provisions of this article. The officers shall have the right of entry to any property or having rabies, having been exposed to rabies or having bitten a person or other animal.
(4) Tethered Animals. It is unlawful for any person to tether, chain or fasten any animal in such a manner as to permit it to be upon any public sidewalk or street or to leave it unattended while tethered, chained or fastened on public property. It is unlawful to tether, chain or fasten an animal in such a manner as to cause it injury or pain or not permit it to reach shelter, food and water.
(e) Giving Animals as Prizes or Inducements.
(1) No person shall give away any live animal, reptile, fowl, livestock or wildlife as a prize for or as an inducement to enter any contest, game or other competition; or as an inducement to enter a place of amusement; or as an incentive to enter into any business agreement whereby the offer is for the purpose of attracting trade.
(2) The prohibition contained in this section shall not apply to fish or to animals given as prizes at a rodeo contest or livestock show or as part of an FF A, 4-H or similar project. Prima Facie Evidence. In any prosecution charging a violation of this chapter, governing the abuse, neglect or ownership of an animal or failure to license an animal as herein required, proof that the particular property described in the complaint was the premises upon which the animal resided, was harbored or maintained and a violation of any section of this chapter occurred involving said animal, together with proof that the defendant named in the complaint was, at the time of such complaint or at the time when the animal was in violation of this chapter, the registered owner of such animal or the person with legal rights to reside on said property, shall constitute in evidence a prima facie presumption that the registered owner of the animal and the person who failed to comply with this chapter.
(Ord. 536; Code 2018)
No person shall breed or permit the breeding of any animal in public view within the city. Every female dog or cat in heat shall be confined by the owner in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal, except for planned breeding.
(a) Confinement During Estrus.
(1) Secured Enclosure Required. Any unspayed female dog or cat in the state of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure and the area of enclosure shall be so constructed that no other dog or cat may gain access to the confined animal except for controlled breading permitted by the owner of the female.
(2) Chaining or Tethering. Additionally, the female dog or cat shall not be chained or tethered, except in a secured enclosure, and if chained or tethered within a secured enclosure, the female dog or cat may not be chained or tethered in a manner that prevents her from defending herself or from avoiding a male.
(3) Removal of the Animal. Owners who do not comply shall be ordered to immediately remove the animal in heat to a veterinary hospital or the animal shelter. Failure to comply with the removal order of the animal control officer shall be a violation of this chapter and the dog or cat will then be impounded as prescribed herein. All expenses incurred, as a result of this confinement, shall be paid by the owner.
(Ord. 536; Code 2018)
(a) Trapping and Shooting.
(1) Trapping Prohibited. It is unlawful to set, trigger, activate or otherwise use, or cause to be set, triggered, activated or used, any steel-jawed, leg-hold trap, or for any person, other than animal control officers, to set or otherwise use other trapping devices including “live traps” used for the capture of any animal. Consistent with the provisions herein, the animal control division is authorized to utilize humane “live traps” and may conduct trapping operations or provide or authorize the use of such devices’ use to property owners as may be needed throughout the city. This subsection is not intended to prohibit the prudent use of traps on one’s own property to control rodents.
(2) Domestic Animals. It is unlawful for any person to shoot a domestic animal within the corporate limits of the city. Except this subsection shall not be construed or interpreted to prohibit the animal control division from utilizing certain firearms in emergency field conditions where such actions are provided for by law or policy.
No person shall, as owner, lessee or occupant, maintain any stable, shed, pen or other enclosure where any animals are kept closer than twenty-five (25) feet to the dwelling house of another, or shall permit the same to remain uncleaned as determined by the control officer.
(a) Maintenance Requirements-Penalty.
(1) Cleanliness. It is declared to be a nuisance and unlawful for any person to maintain any dog or pup in an area that is not at all times clean, dry and sanitary and free from excessive debris, garbage, water and offensive odors. All yards and pens shall be cleaned daily.
(2) Drainage of Premises. All dog pens and yards shall be so located that an adequate drainage is obtained and normal drying occurs and standing water is avoided.
(3) Inspection by City. All premises subject to the right of entry on which any animals are kept shall be subject to inspection by animal control officers. If the authorized personal of the city determines from such inspection that the premises is not being maintained in a clean and sanitary manner, such deficiencies shall be corrected within forty-eight (48) hours after notice is served on the occupier of said premises.
(b) Pens and Coop--Locations.
(1) All fowl and rabbits shall be kept within a pen, coop or hutch. A fenced yard shall not qualify as a pen or coop.
(2) Any person keeping or harboring an animal, other than livestock, shall locate any pen, coop, or hutch at least fifty (50) feet from any residence, excluding the residence of the person keeping or harboring the animals.
(c) Sale of Animals in Public Places.
(1) Not in lieu of or withstanding any permit requirements imposed herein, if an animal is offered for sale in a public place within the city, the person offering the animal for sale of the animal, the manager of the property which is the public place on which the offer is being made, and the owner of the property which is the public place on which the offer in being made, shall be responsible for ensuring that the animal protections of this article are complied with in regard to the animal offered for sale in a public place during the time the animal is in the public place.
(2) If an animal offered for sale in a public place is kept within a cage or pen of any type, such cage or pen shall comply with the following requirements:
(A) The cage or pen must be large enough for the animal to stand on all of its legs and hold its head in a natural position and not be in a crouched position. The cage or pen must also have enough room for the animal to tum around or move without stepping on another animal, animal feces or food or water provided for the animal;
(B) Then cage or pen must either have room for water and food or have water and food situated so that the animal has access to it through the cage; and
(C) The cage or pen must be situated so that air may circulate through it, so that any animal kept within the cage or pen is not exposed to extreme heat. During cold or inclement weather, cages or pens should be situated so that animal contained therein may stay warm and stay dry.
(Ord. 536; Code 2018)
The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal(s) on public rights-of-way, recreation areas or private property.
(a) Animal Defecation Prohibited in Certain Areas.
(1) It is unlawful for the owner or person in control of an animal to intentionally, knowingly, recklessly or with criminal negligence allow or permit such animal to defecate on any public property or improved private property other than that of the owner of the animal. That the animal was at large at the time it defecated on any property shall constitute a prima facie evidence that the owner or person in control of the animal allowed or permitted the animal to so act.
(2) Exception. It is an exception to the application of this section that the owner or person in control of the animal immediately removed and cleaned up such animal’s feces from public or private property.
(Ord. 536; Code 2018)
Any person violating any of the provisions of sections 2-601:607, upon conviction thereof, be fined in any sum not less than sixty dollars ($60.00) nor more than four hundred dollars ($400.00) for the first offense and any sum not less than eighty dollars ($80.00) nor more than eight hundred fifty dollars ($800.00) for any subsequent offenses.
(Ord. 536; Code 2018)
It is unlawful for any person who owns, keeps or harbors any animal to permit the same to run at large within the city.
(Ord. 536; Code 2018)
(a) It is unlawful for any person within the city to keep, own or harbor any animal which is a public nuisance as determined by the control officer. Failure to abate such nuisance within five days from date of written notification by the animal control division will be deemed to be a violation of this chapter.
(b) As used in this article, nuisance animal shall be defined as any animal that commits any of the acts listed herein:
(1) Molests or chases pedestrians, passersby or passing vehicles, including bicycles, or molests, attacks or interferes with other animals or persons on public property or private property other than that of the owners;
(2) Makes unprovoked attacks on other animals of any kind or engages in conduct which establishes such animal as a “Dangerous Animal”;
(3) Is repeatedly at large; specifically, three or more times per twelve (12) month period (excluding domestic cats);
(4) Damages, soils or defiles public property or private property, other than property belonging to or under the control of the owner;
(5) Repeatedly defecates on property not belonging to or under the control of its owner, unless such waste is immediately removed and properly disposed of by the owner of the animal (including domestic cats);
(6) Barks, whines, howls, crows, crackles or makes any noise excessively and continuously, and such noise disturbs a person of ordinary sensibilities;
(7) Produce odors or unclean conditions sufficient to annoy persons living in the vicinity; or
(8) Is unconfined when in heat.
(c) If the animal control officer determines that any animal is a nuisance, the animal control officer may issue an order requiring that the owner meet certain remedial requirements to correct the conduct of the animal. The order shall be given to the owner by personal service or by first class mail. The owner may file a written appeal to this order clearly stating the reasons for the appeal, to the city council or designee within ten days of service. The city council or designee shall review the appeal to determine the issues stated. The city council or designee shall make his or her decision on the basis of preponderance of the evidence presented. The decision of the city council or designee shall be rendered within thirty (30) days from receipt of the appeal and the decision of the city manager shall be final. Nothing herein precludes the city from seeking other remedies if an owner fails to comply with the remedial requirements stated or the decision rendered in the appeal process.
(d) Persons residing within six hundred (600) feet of a person who harbors or keeps an animal that they believe to be nuisance may initiate a written, signed complaint, with the animal control division. The animal control division shall investigate the merits of such complaints to determine if the stated animal is a nuisance as defined herein. If the animal is determined to be a nuisance animal the procedure set forth in subsection (c) shall apply.
(e) No person shall construct, place or maintain any beehive within three hundred (300) feet of any residence other than that of the owner except with the consent of the occupants of all such residences.
(Ord. 536; Code 2018; Ord. 2019-04)
(a) As used in this section, the following definitions shall apply:
(1) Animal means all warm-blooded vertebrate animals such as, but not limited to bovine cattle, horses and other equines, swine, goats, rabbits, sheep, dogs, cats, chickens, ducks, geese, turkeys, and any other animals tamed, domesticated or captivated.
(2) Tether means a rope, chain, cord, leash, lead, cable, string, leather, or nylon strap or any other object with which an animal is tied to restrict its movement or to fasten a dog to a stationary object, pulley run line or a stake.
(b) Tethering requirements and restrictions.
(1) It is unlawful for any person to tether, chain or fasten any animal in such a manner as to permit it to be upon any public sidewalk or street or to leave it unattended while tethered, chained or fastened on public property.
(2) It is unlawful to tether, chain or fasten an animal in such a manner as to cause it injury or pain or not permit it to reach shelter, food and water for any amount of time.
(3) No person shall use any tether shorter than 10 feet in length.
(4) No person shall use chains weighing more than 1/8 of the animal’s weight or inhibiting the free movement of the animal.
(5) No person shall tether a dog on a choke chain.
(6) No person shall tether a dog without access to proper protection from the elements.
(7) No person shall tether a dog in an open area where it can be teased by people or in an area that does not provide protection from attack by other animals.
(8) No person shall tether an animal where no steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation.
(c) Any person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be fined in any sum not less than thirty dollars ($30.00) nor more than one hundred dollars ($100.00) for the first offense and any sum not less than sixty dollars ($60.00) nor more than three hundred dollars ($300.00) for the second offense, and any sum not less than ninety dollars ($90.00) nor more than five hundred dollars ($500.00) for any subsequent offenses.
(Ord. 553; Code 2018)