CHAPTER 91:
Animals and Fowl
Section
General Provisions
91.01 Animals running at large prohibited
91.03 Keeping or harboring noisy animals
91.04 Keeping swine, cattle and livestock
91.05 Indecent exhibition of animals; dog or cock fights
91.06 Cruelty to animals prohibited; killing or wounding animals
91.07 Disposal of dead animals
Dogs and Cats
91.20 License required; rabies vaccination; collars
91.22 Muzzles or leashes required in public place
91.23 Dogs bites; quarantine procedures
91.24 Cat regulations; disposition of strays
GENERAL PROVISIONS
91.01 ANIMALS RUNNING AT LARGE PROHIBITED.
(A) The running or being at large within the corporate limits of the city, and the herding, grazing, or pasturing upon the streets, alleys, or commons of the city, of any horse, mare, gelding, colt, mule, ass, jenny, bull, ox, steer, cow, calf, goat, sheep, shoat, hog, pig, dog, cat, ferret, snake, or other domesticated animal, is hereby declared a nuisance, and the owner or person having charge of any of the animals, who shall suffer the same to run at large within the limits, or who shall herd, or graze or pasture the same upon the streets, alleys or commons of the city, shall be subject to the provisions of § 91.99 for every animal so being at large, or grazed, herded or pastured upon the streets, alleys or commons of the city. (’81 Code, § 11.07) (Am. Ord. 1997-2, passed 6-16-97)
(B) Whoever being the owner or keeper of any goose, duck, turkey, hen or other domestic fowl, shall permit the same to run at large beyond the premises of the owner or keeper to the in convenience of persons residing in the neighborhood, shall be subject to the provisions of § 91.99. (’81 Code, § 11.08)
(C) No person having the charge, custody or control thereof, shall knowingly suffer or permit any dangerous, unruly, fierce or mischievous animal to go loose or at large in any of the public ways of the city, under a penalties of § 91.99. (’81 Code, § 11.09)
Penalty, see § 91.99
91.02 RAISING OR HOUSING FOWL.
(A) Commercial keeping prohibited. No person shall keep, feed, house or maintain within the city for commercial purposes any chicken, turkey, goose or duck in such manner or under such conditions as to become offensive to persons living in the vicinity or neighborhood where they may be so located, or so as to become a nuisance.
(B) Sanitation. Any person so keeping, feeding, housing any such chicken, turkey, goose or duck shall keep the crates, coops, houses, sheds, yards, premises and enclosures wherein such fowl may be, in good sanitary condition, disinfected from time to time, and free from objectionable odors and smells. He shall remove from day to day the droppings or excretions so that they may not become objectionable or a nuisance to those living in the neighborhood.
(’81 Code, § 11.06) Penalty, see § 91.99
91.03 KEEPING OR HARBORING NOISY ANIMALS.
No person shall keep or harbor any dog, cow, calf, hog or other animal which by barking, howling, bawling or by other noises shall disturb the peace and quiet of any family, individual or neighborhood, and every person violating this section shall be subject to the provisions of § 91.99.
(’81 Code, § 11.10) Penalty, see § 91.99
91.04 KEEPING SWINE, CATTLE AND LIVESTOCK.
(A) Whoever shall keep any swine in a pen adjoining any public street or within 50 feet thereof, or within four blocks of the public square of the city, or who shall keep more than two swine in one pen or upon one lot, shall be deemed guilty of a nuisance, and upon conviction thereof shall be subject to the provisions of § 91.99 for each offense. (’81 Code, § 11.12)
(B) No cattle, horses or other animals shall be kept in any place in which the water, ventilation and food are not sufficient and wholesome for the preservation of their health and safe condition; and no place where such animals are kept shall be overcrowded. Nor shall any horse, cow, calf, swine, pig, sheep, or goat be permitted to be kept in any house or building used for a dwelling place for any person or family. Anyone violating this section shall be subject to the provisions of § 91.99 for each offense. (’81 Code, § 11.13)
Penalty, see § 91.99
91.05 INDECENT EXHIBITION OF ANIMALS; DOG OR COCK FIGHTS.
(A) No person in the city shall indecently exhibit any horse, jack or other male animal, or let horse or jack to any mare or jenny, or bull to any cow, unless in some enclosed place and entirely out of public view; and any person violating this section shall be subject to the provisions of § 91.99. (’81 Code, § 11.11)
(B) No person shall instigate, cause or procure any cock fight, dog fight, or any public or private fight of any animal, or assist in any indecent or immoral show of any animal, under the provisions of § 91.99. (’81 Code, § 11.14)
(C) Any person who shall within the city keep or use, or be in any way connected with the management of, either as an employee or in any other capacity, any place kept or used for the fighting or baiting of any cock, dog or other animal, or who shall permit such place to be kept or used on premises owned, rented or controlled by him, or who shall frequent or be found therein for the purpose of witnessing fighting or baiting, shall be subject to the provisions of § 91.99. (’81 Code, § 11.15)
Penalty, see § 91.99
91.06 CRUELTY TO ANIMALS PROHIBITED; KILLING OR WOUNDING ANIMALS.
(A) Whoever shall be guilty of cruelty to any animal, in any of the ways mentioned in this section, shall be subject to the provisions of § 91.99 for each offense: By overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating or cruelly killing any animal, or causing or knowingly allowing the same to be done, or by cruelly working an old, maimed, infirm, sick or disabled animal, or causing or knowingly allowing the same to be done, or by failing to provide any animal in his charge or custody, as owner or otherwise, with proper and necessary food, drink, or shelter; or by abandoning or turning out to die any old, maimed, inform, sick, or disabled animal, or by carrying or driving, or causing to be carried or driven or kept, any animal in any unnecessarily cruel manner; or by doing any act the natural consequence of which is to unnecessarily give pain or cause suffering to any bird or animal. (’81 Code, § 11.17)
(B) Any person other than an authorized police officer who shall within the city kill or wound, or attempt to kill or wound, any animal, shall be subject to the provisions of § 91.99. (’81 Code, § 11.18) Penalty, see § 91.99
91.07 DISPOSAL OF DEAD ANIMALS.
Any person who shall knowingly suffer any dead animal belonging to him not properly killed for food, to remain within the city, or within one-half mile thereof, without being so buried as to prevent it from becoming putrid or offensive to any person residing within the city, shall be guilty of a nuisance, and shall be subject to the provisions of § 91.99 and in addition thereto shall be liable to the city for the cost of the removal, burial and abatement of such nuisance.
(’81 Code, § 11.16) Penalty, see § 91.99
DOGS AND CATS
91.20 LICENSE REQUIRED; RABIES VACCINATION; COLLARS.
(A) No person shall own, keep, or harbor any dog within the city unless such dog has been duly licensed by the county and immunized against rabies to be evidenced by a dog license tag and rabies tag attached to the collar of the animal. (’81 Code, § 11.01)
(B) Every person keeping or harboring any licensed dog shall keep a collar around the neck of the dog with the metal license tag securely fastened thereto. Every dog found in the city without such tag shall be deemed an unlicensed dog, and shall be so disposed of by the Chief of Police or other police officer of the city as provided in this chapter. (’81 Code, § 11.02)
Penalty, see § 91.99
91.21 IMPOUNDING OF DOGS.
Any person designated by the City Council shall capture and impound any dog found at large without a collar, tag or muzzle. He shall thereupon notify the owner of the dog so taken, if the name of the owner can be ascertained and the owner shall be permitted to redeem the dog within three days by paying all license and other fees, whether the same be charged by the city or by the county, together with the sum of $10 per day for the cost of keeping such animal and the cost of advertising.
(’81 Code, § 11.03)
91.22 MUZZLES OR LEASHES REQUIRED IN PUBLIC PLACE.
No person shall permit any dog to be upon any public place unless the dog is securely muzzled, or is on leash or inside an automobile or other conveyance.
(’81 Code, § 11.04) Penalty, see § 91.99
91.23 DOGS BITES; QUARANTINE PROCEDURES.
Whenever any dog bites a person, the owner of the dog shall immediately notify the County Health Officer who shall order the dog held on the owner’s premises or shall have it impounded for a period of two weeks. The dog shall be examined immediately after it has bitten anyone and again at the end of the two week period. If at the end of two weeks a veterinarian is convinced that the dog is free from rabies, the dog shall be released from quarantine or from the pound as the case may be. If the dog dies in the meantime, its head shall be sent to the State Department of Public Health for examination for rabies. The cost and expenses incident to enforcing the provisions of this section shall be assessed against the owner or keeper of such dog.
(’81 Code, § 11.05)
91.24 CAT REGULATIONS; DISPOSITION OF STRAYS.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. Any cat shall be deemed to be at large when it is off the premises of its owner’s real property (meaning owner or tenant) and not restrained by a competent person.
CATS. Animals of the gensis felis species, both male and female except as the context of any provision of this chapter may otherwise require.
COMPETENT PERSON. A person who is capable of controlling and governing the cat in question, and to whose command the cat is obedient.
CONFINE. Physical restraint of a cat by a fence or other structure or by a chain, rope or other means of sufficient strength or construction to restrain the animal in question.
OWNER. Any person having a right of property in a cat who keeps a cat, or who has one in his care, or who knowingly permits the cat to remain on or about any premises occupied by the person. A cat bearing a collar shall be considered to be owned or cared for by some person and the animal shall not be disposed of until such time as the city has exhausted reasonable efforts to contact the owner.
RESTRAINT. A cat off of its owner’s premises is under RESTRAINT under the meaning of this section:
(1) If it is controlled by a line or leash not more than six feet in length when the line or leash is held by a competent person;
(2) When held by a competent person;
(3) When confined within a vehicle driven, parked or stopped.
(4) A cat dragging a line or leash of more than six feet in length shall not be considered under RESTRAINT, and will be subject to being picked up as provided in division (C) of this section.
STRAY. Any cat which is not owned, kept or claimed by any person.
(B) Running at large.
(1) The owner of any cat shall keep the animal confined or under restraint at all times when it is off the premises of the owner’s real property (owned or rented), and shall not permit such animal to be at large in the city.
(2) Failure of an owner to prevent a cat from running at large in the city shall be a violation of this section.
(3) Every person violating the provisions of this section shall, upon conviction thereof, shall be subject to the provisions of § 91.99 for each offense; and each day any such cat shall be permitted to run at large shall constitute a separate offense.
(C) Disposition of strays.
(1) Every stray found running at large within the city limits shall be picked up by the County Animal Control or any special officer designated by the Mayor for that purpose, and shall be taken to and impounded in the County Pound, or such other impoundment as the Mayor, from time to time, may direct to be there kept, impounded and disposed of in accordance with established pound rules and practices.
(2) Any person desiring to reclaim or claim any cat which has been picked up and impounded as a stray under the provisions of this section may reclaim or claim the same upon payment of the customary pound fees for the care of such cat.
(Ord. 1994-3, passed - -94)
91.99 PENALTY.
(A) Whoever violates any provision in this chapter for which another penalty is not specifically provided, shall be fined in accordance with § 10.99, and every day the violation continues shall constitute a separate offense.
(B) Any person who violates §§ 91.01(A) and (C), 91.03, 91.04(B), 91.05, 91.06(A) or 91.24 shall be fined not less than $25 nor more than $750.
(C) Any person who violates §§ 91.01(B), 91.04(A), 91.06(B) and 91.07 shall be fined not less than $25.