ARTICLE 12. ANIMAL BITES AND DISEASE CONTROL

2-1201. DOMESTIC DOG AND CAT BITES RESULTING IN HUMAN EXPOSURE TO RABIES.

Any bite wound exposing an individual to the possibility of rabies or other zoonotic disease (hereinafter "incident") shall be immediately reported to the police by the victim and by the owner, keeper or harborer of the dog or cat if the incident is known to him or her. Any such dog or cat bite which requires medical treatment shall be reported within 24 hours to the Animal Control Officer by the treating physician or hospital caring for the patient. It shall be the duty of the police to promptly notify the Animal Control Officer of any such bite reported to the police.

It shall be the duty of every owner or keeper of any dog or cat upon receiving notice or having knowledge of the involvement of his or her pet in a human exposure to the possibility of rabies or other zoonotic disease by biting to immediately place such animal in a duly licensed veterinary medical facility, or in a location recommended by the permit authority, where such animal shall be isolated and confined for observation for 10 consecutive days from and including the day of the incident.

It shall be unlawful for the owner, keeper or person harboring the animal involved in such incident to release it from his or her custody or to hide or conceal such animal or to take or allow such animal to be taken beyond the limits of the city, unless so authorized by the Animal Control Officer, until the period or confinement and observation here are completed. The owner or keeper of such animal involved in an incident shall be liable for the cost of confinement and observation. The death or any suspicious change in the health or behavior of any such dog or cat undergoing observation shall be reported as soon as possible by the observing authority to the Animal Control Officer or his or her qualified designee. The Animal Control Officer or his or her qualified designee is hereby authorized to authorize confinement other than described above as he or she finds medically appropriate, providing such animal will be controlled and observed in accordance with the owner’s signed agreement, but only if such dog or cat has been vaccinated for prevention of rabies and is duly licensed as provided by this chapter. Unless determined otherwise by the Animal Control Officer or his or her qualified designee, exceptions to the aforesaid confinement may be granted by the permit authority in the following cases:

(1)    Where a female dog is nursing unweaned puppies or a female cat is nursing unweaned kittens.

(2)    If the investigating officer determines both:

(a)    That the incident occurred while the animal involved was confined and legally kept upon the property of the owner.

(b)    That the person injured was upon the property without the express or implied consent of the owner and was not there performing functions of a job.

However, if a person injured in an incident or his or her parent or guardian in the case of a minor, desires that the animal be impounded even though an exception to impoundment has been granted as aforesaid and agrees in writing to pay for its board during the period of confinement, it shall be impounded in the manner and for the period specified earlier, unless determined otherwise by the Animal Control Officer or his or her qualified designee upon review of the facts and circumstances the incident. (Ord. 1317)

2-1202. HUMAN EXPOSURE TO ZOONOTIC DISEASES BY ANIMALS OTHER THAN DOGS AND CATS.

Any bite by other than a dog or cat exposing an individual to the possibility of rabies or other zoonotic diseases (herein after "incident") shall be immediately reported to the police by the victim and by the owner, keeper or harborer of the animal if the incident is known to him or her. Any animal bite which requires medical treatment shall be reported within 24 hours to the Animal Control Officer by the treating physician or hospital caring for the patient. It shall be the duty of the police to promptly notify the Animal Control Officer of any such bite reported to the police. It shall be unlawful for the owner, keeper, or person harboring the animal involved in such incident to release it from his or her custody or to hide or conceal such animal or to take or allow such animal to be taken beyond the limits of the city unless so authorized by the Animal Control Officer, until an observation period stipulated by the Animal Control Officer for the particular species of animal is over or such period is ruled unnecessary by the Animal Control Officer. It shall be the duty of each owner or keeper upon receiving notice of such incident to immediately place the animal involved in a duly licensed veterinary medical facility, the address of which must be furnished to the permit authority at once, or in the permit authority’s animal shelter, where such animal shall be isolated and confined for observation. The owner or keeper of an animal involved in a biting incident shall be liable for the cost of confinement and observation. The death or any suspicious change in health or behavior of any such animal undergoing observation shall be reported immediately by the observing authority to the Animal Control Officer or his or her qualified designee. In the event that a proper period of observation is undetermined or undeterminable for the species of animal involved in an incident, the director of health is hereby empowered to order whatever laboratory examination of the animal or animals’ tissues is required by prudent medical practice for the protection of the victim and no liability for damages shall arise from any injury to or death of the animal occasioned by said laboratory examination. When an animal involved in an incident is outside the city, the director of health or the permit authority shall forward information concerning the incident to the appropriate authority of the jurisdiction of residence of the owner, keeper, or harborer or the appropriate state health department for coordinated disease prevention. (Ord. 1317).

2-1203. DANGEROUS ANIMAL INVESTIGATION.

If any dangerous, fierce or vicious dog, cat or other animal believed involved in an incident (as the term "incident" is used in sections 2-1201:1202) cannot be safely captured or prevented from escaping by usual means, such animal may be slain by a police officer or animal control officer. In all cases where such animal may have exposed a person to rabies and is slain before the completion of the observation period stipulated for the species by the permit authority, it shall be the duty of the person slaying such animal to forthwith deliver or cause to be delivered all the remains of such animal including the undamaged head to the Animal Control Officer. A departure from this procedure must be requested of and authorized by the permit authority. (Ord. 1317).

2-1204. ANIMALS IN TRANSIT.

For the purpose of disease or injury control, the permit authority is hereby empowered to impound and observe animals in transit through the city at the request of any official animal control agency, health officer or law enforcement agency of another jurisdiction. (Ord. 892, Art. 12, Sec. 4)

2-1205. POWERS OF ANIMAL CONTROL OFFICER.

In the event that the Animal Control Officer determines that a rabies or other zoonotic disease control emergency exists, she/he shall so declare, stating the boundaries of the affected area and she/he is hereby empowered to issue emergency regulations and take all necessary steps within the provisions of this chapter and state law to abate the threat. Such emergency steps and regulations shall be in effect only during the period of the declared emergency. The Animal Control Officer is also hereby empowered to issue standing regulations for rabies and zoonosis control that she/he finds necessary to protect the public health which standing regulations shall be filed with the city clerk. Such regulations shall be in keeping with the U.S. Public Health Service guidelines and state law. (Ord. 1317)

2-1206. DISPOSAL OF WASTE.

The owner or keeper of every animal, when such animal is off the property controlled by the owner or keeper, shall be responsible for the removal of any fecal matter before taking an animal from the immediate area where such excretion occurred. (Ord. 892, Art. 12, Sec. 6)

2-1207. DEAD ANIMALS.

(a)    Responsibility. The permit authority shall be responsible for the removal of all dead animals found within the city except as otherwise provided in this section. In this section, dead animal shall mean one not killed for food or no longer fit for food.

(b)    Removal of Large Dead Animals. All large dead animals shall be removed and legally disposed of by the owner or proprietor of the premises within 12 hours after the death of such animal. If not so removed, such animal shall be removed by the permit authority at actual cost to the property owner or proprietor.

(c)    Removal of Small Dead Animals. The removal of small dead animals shall be removed by the owner at the owner’s expense.

(d)    Charges. Charges for dead animal removal as required in subsections (b) and (c) above are due and payable upon billing by the permit authority. The permit authority may refuse to collect dead animals as provided in subsection (c) above for failure to pay previous billings. Failure to pay for dead animal removal provided for in subsections (b) and (c) shall constitute a violation punishable by fine only as hereinafter provided.

(e)    Access. On occupied property, the owner or the tenant thereof shall provide easy access to the subject animal for purposes of its removal.

(f)    Notice. No person owning or having in his or her possession the carcass of any animal not to be used for food shall permit the same to remain in or upon any street, sidewalk, park, public ground, private lot or other place without at once giving notice to the permit authority.

(g)    Burial. Burial of animals shall only be permitted at a pet cemetery and landfills licensed by the city or other governing authority. (Ord. 892, Art. 12, Sec. 8) (Amended by Ord. 1317).

2-1208. PERMIT FOR ELIMINATION OF PESTS.

The permit authority is hereby authorized to issue a permit for the elimination of squirrels, starlings or pigeons to any owner or owner’s authorized agent, lessee or tenant of real estate in the city frequented by squirrels, starlings or pigeons in numbers the Animal Control Officer believes to be sufficient to create a public nuisance on such real estate; or, in cases such permit may be issued to a duly licensed pest control or exterminating company for such district which shall be defined on such permit. No permit shall be issued for a longer period than 30 days. Retention of any such permit shall be conditioned upon continued compliance with advisory instructions issued and regulations adopted by the director of the permit authority dealing with such activity, which regulations the director of the permit authority is hereby authorized and directed to promulgate and to adopt by filing such with the city clerk which regulations shall govern the elimination and disposal of squirrels, starlings and pigeons and shall be designed to ensure humane and sanitary methods for such and for the protection of human health. (Ord 1317)

2-1209. PARASITE CONTROL.

No person shall offer for sale, sell or give away any dog or cat unless such animal has been dewormed or certified in writing by a duly licensed veterinarian to be free of intestinal helminths in order to prevent the spread of such to other animals and humans. (Ord. 892, Art. 12, Sec. 9)