Chapter 6.04 ANIMAL CONTROL

The position of municipal poundmaster hereby is created. Until such time as a poundmaster is appointed, the chief of police shall be poundmaster ex officio. [Code 1986 § 13-20-1-01.]

6.04.020 Duties of poundmaster.

The poundmaster shall perform the following duties:

A. Carry out and enforce the provisions of this chapter.

B. Take into his possession and impound all strays running at large and dispose of the same as hereinafter provided.

C. Enforce the licensing of and control all dogs within the town as hereinafter provided.

E. File complaints in the courts against any person, firm, or corporation failing to comply with the provisions of this chapter and obtain licenses when required thereunder.

F. Capture and secure all dogs found running at large contrary to the provisions of this chapter and impound such dogs in a humane manner.

G. Provide for a good and sufficient pound in which all animals duly committed to his charge or otherwise impounded by him shall be maintained.

H. Enter a description thereof in records kept for that purpose stating the kind of animal, the circumstances under which received or impounded, and a description thereof sufficient to provide identification, the cost expended for the maintenance of the animal and amounts received arising out of maintenance or sale of animals. [Code 1986 § 13-20-1-02.]

6.04.030 Interference with officer prohibited.

It shall be unlawful for any person to interfere, molest, hinder or obstruct the poundmaster or any of his authorized representatives in the discharge of their duties as herein prescribed. [Code 1986 § 13-20-1-03.]

6.04.040 Fees – Services of poundmaster.

The poundmaster shall charge, and the owners of animals taken into his possession for impound disposal or other services shall pay, such fees and charges for services performed by the pound or poundmaster as the town council shall establish from time to time by resolution. All fees received by the poundmaster shall be paid over to the town treasurer. [Code 1986 § 13-20-1-04.]

Article II. Care and Keeping

6.04.050 Animals at large.

A. No cattle, horses, mules, sheep, goats, or swine shall be allowed to run at large or to be herded, picketed, or staked out upon any street, sidewalk, or other public place within the limits of this town, and all such animals so found may be impounded. Nothing herein contained shall be so construed as to prevent any person from driving cows, horses, mules or other animals from outside town limits to any enclosure within the town limits or from any enclosure in the town to a place outside the town or from one enclosure to another within the limits of the town.

B. Every person who drives any herd of sheep or band of horses, cattle or other animals upon any public street or highway without first obtaining a permit from the marshal to do so is guilty of an infraction.

C. No person shall drive livestock through this town upon streets not designated for that purpose except upon permission and according to the direction of the marshal. [Code 1986 §§ 11-331, 13-20-2-01.]

6.04.060 Abandonment.

It shall be unlawful for any person to abandon or turn out at large any sick, diseased, or disabled animal, but such animal shall, when rendered useless by reason of sickness or other disability, be killed by the owner thereof and its carcass disposed of in such manner as to create no nuisance or hazard to health. [Code 1986 § 13-20-2-02.]

6.04.070 Trespassing animals and fowl.

It shall be unlawful for any owner or caretaker of any domestic fowl or animal to permit such fowl or animal to trespass upon the premises of another person. [Code 1986 § 13-20-2-03.]

6.04.080 Killing or poisoning prohibited.

It shall be unlawful for any person willfully to kill any domestic animal, or to administer poison to any such animal or to expose any poisonous substance with the intent that it shall be taken by any such animal. [Code 1986 § 13-20-2-04.]

6.04.090 Dead animals.

The owner of any animal or fowl that has died or been killed shall remove or bury the carcass of such animal within 10 hours after its death; provided, that no horse, cow, ox, or other animal shall be buried within the closely inhabited portions of this town. A violation of this section is a class C misdemeanor. [Code 1986 § 13-20-2-05.]

6.04.100 Diseased animals.

It is a class C misdemeanor for any person to bring into the town for sale or have in his possession with intent to sell or offer for sale, any animal which has a communicable disease or which has been exposed to or which is liable to carry infection from a communicable disease. [Code 1986 § 13-20-2-06.]

6.04.110 Sale of diseased animals.

It is a class C misdemeanor for any person to bring into the town for sale or to sell, or offer for sale, any cattle, sheep, swine, fish, game, fowl, or poultry which is diseased, unsound, and unwholesome or which for any other reason is unfit for human food. [Code 1986 § 13-20-2-07.]

6.04.120 Reporting of rabid animals.

Anyone having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the fact immediately to the town health officer. The health officer shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal. [Code 1986 § 13-20-2-08.]

6.04.130 Biting animal quarantined for observation.

Any dog or other animal of a species subject to rabies which is known to have bitten or injured any person so as to cause an abrasion of the skin shall be placed in confinement under observation of a veterinary hospital or the town pound and shall not be killed or released until at least 14 days after the biting or injury has occurred in order to determine whether or not the animal has rabies. If the animal dies or has been killed, its head shall be removed and immediately taken to the State Health Laboratory to be examined for rabies. [Code 1986 § 13-20-2-09.]

6.04.140 Rabies contacts quarantined.

Any animal of a species subject to rabies which has been bitten by a known rabid animal or has been in intimate contact with a rabid animal shall be isolated in a suitable place approved by the poundmaster for a period of 120 days or destroyed. [Code 1986 § 13-20-2-10.]

6.04.150 Unlawful acts.

It shall be unlawful for any person to:

A. Overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate, or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhuman manner, any animal or cause any of these acts to be done.

B. Fail to provide any animal in his charge or custody with necessary substance, drink, and protection from the elements, or cause any of these acts to be done.

C. Maintain any place where fowls or any animals are suffered to fight upon exhibition or for sport upon any wager.

D. Intentionally exhibit any stud, horse or bull or other animal indecently, or let any male animal to any female animal for the purpose of providing entertainment or viewing to any person. [Code 1986 § 13-20-2-11.]

Article III. Dogs

6.04.160 Definitions.

As used in this chapter, unless the context otherwise indicates, the following words shall mean:

“At large” shall be intended to mean that every person who has in his possession or under his control any dog or bitch within this town shall keep such dog or bitch securely locked up or securely muzzled.

“Dog” shall mean any male, female, or spayed female dog of any age.

“Impounded” shall mean having been received into the custody of the town pound or into the custody of any authorized agent or representative of the town.

“Owner,” when applied to the proprietorship of a dog, shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog.

“Pound” shall mean an animal shelter, lot, premises, or buildings maintained by or authorized or employed by the town for confinement or care of dogs seized either under the provisions of this chapter or otherwise.

“Poundmaster” shall mean the custodian selected by the town council to be responsible for the operation of the dog pound.

“Unlicensed dog” is hereby defined and declared to mean a dog for which a license for the current year has not been paid, or for which the tag provided for in this part is not attached.

“Vicious dog” means a dog that has bitten a person without provocation or a dog that has a known propensity to attack or bite human beings. [Ord. 1993-3; Code 1986 § 13-20-3-01.]

6.04.170 License and registration required.

A. It is unlawful for any person to keep, harbor or maintain any more than two dogs three months of age. Each dog three months of age must be registered and licensed in the manner herein provided.

B. Application for registration and licensing shall be made to the poundmaster or such other person as the town council may authorize to receive such applications.

C. A dog license shall be issued by the poundmaster or such other person as the town council may authorize.

D. No dog license shall be issued by the town until the fee required herein is paid. The fees will be set by resolution.

E. The fee due and payable pursuant to this section shall be March 31st and shall be delinquent after April 15th of each year. A penalty (set by resolution) shall be added to the delinquent payments.

F. The owner of any newly acquired dog of licensing age or any dog which attains licensing age after July 1st of any year shall make an application for registration and license within 30 days after such acquisition or dogs attain the above stated age; provided, that the license fee shall be one-half of the above required for new applications received after July 1st of any year.

G. The town of Mayfield will not issue a kennel license within the town limits. Two dogs are the maximum allowed per household or property.

H. The owner shall state, at the time application is made for such license, his name and address and the sex, breed, and color of each dog owned or kept by him. The license fee shall cover the calendar year in which the license was issued, expiring on the thirty-first day of March of each year, regardless of the date when issued.

I. The provisions of this section shall not be intended to apply to dogs whose owners are nonresidents temporarily within the town, nor to dogs brought to the town for the purpose of participating in any dog show, nor to commercial kennels.

J. Dogs used as guides for blind persons and commonly known as seeing eye dogs shall be licensed and registered as other dogs.

K. Any Mayfield resident babysitting a dog for someone must notify the town and be able to show that the dog has a current license and current vaccination. They will also only be allowed to babysit a dog for a period of 60 days (two months). [Res. 2008-09-C; Ord. 1993-3; Res. 1990-3; Code 1986 § 13-20-3-02.]

6.04.180 Tag and collar.

Upon payment of the license fee, the clerk shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every dog owner shall provide each dog with a collar to which the license tag shall be affixed, and shall see that the collar and the license tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate will be issued by the clerk upon presentation of a receipt showing the payment of the license fee for the current year and the payment of $1.00 for such duplicate. Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee because of death of the dog or the owner’s leaving the town before expiration of the license period. It shall be unlawful to deprive a registered dog of its collar and/or tag. [Ord. 1993-3; Code 1986 § 13-20-3-03.]

6.04.190 Running at large prohibited.

A. It shall be unlawful for the owner or keeper of any dog to permit such dog to run at large.

B. It shall be unlawful for the owner of a dog to permit such dog to go upon or be upon the private property of any person without the permission of the owner or person entitled to the possession of such private property.

C. The owner of any dog running at large shall be deemed in violation of this section regardless of the precautions taken to prevent the escape of the dog and to prohibit it from running at large.

D. Any dog running at large in violation of the provisions of this section is hereby declared to be a nuisance and a menace to the public health and safety, and the dog shall be taken up and impounded as provided herein. [Ord. 1993-3; Code 1986 § 13-20-3-04.]

6.04.200 Female in heat.

The owner of a female dog in heat shall cause such dog to be penned or enclosed in such a manner as to preclude other dogs from attacking such female dog or being attracted to such female dog so as to create a public nuisance. [Ord. 1993-3; Code 1986 § 13-20-3-05.]

6.04.210 Strays.

It shall be unlawful for any person to harbor or keep within the town any lost or strayed dog. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the clerk or poundmaster who shall impound for running at large contrary to the terms of this article. If there shall be attached to such dog a license tag for the then-current year, the poundmaster shall notify the person to whom such license was issued, at the address given in the license. [Ord. 1993-3; Code 1986 § 13-20-3-06.]

6.04.220 Rabies.

Every owner of any dog over the age of six months within the town shall have the dog vaccinated against rabies by a duly licensed veterinarian, shall secure from the veterinarian a certificate thereof, and shall attach to the collar or harness, which such person is hereby required to place upon the dog, a tag showing that such vaccination has been done; provided, that the town council may, by resolution, provide that owners of any dog may themselves purchase serum and vaccinate their own dogs. The resolution shall also prescribe the condition with which the owner must comply to obtain the tag hereinafter required. [Ord. 1993-3; Code 1986 § 13-20-3-07.]

6.04.230 Dogs required to have rabies shot.

It shall be unlawful for the owner of any dog to suffer, allow or permit such dog to be or go upon any sidewalk, street, alley, public place, or square within the town without first having had such dog vaccinated every two years against rabies as above provided within the past two years, and without there being on such dog a collar or harness with a license tag thereon showing that such dog has been so vaccinated. [Ord. 1993-3; Code 1986 § 13-20-3-08.]

6.04.240 Dogs which disturb neighborhood.

No person, persons, firm or corporation shall own, keep or harbor any dog which by loud, continued or frequent barking, howling, yelping, or by noxious or offensive odors shall annoy, disturb, or endanger the health and welfare of any person or neighborhood. A violation of this section shall be a class C misdemeanor and such is hereby to be a nuisance, and each day the violation is permitted to exist or continue shall constitute a separate offense. This section shall not apply to the town dog pound, veterinary hospitals, or medical laboratories. [Ord. 1993-3; Code 1986 § 13-20-3-09.]

6.04.250 Vicious animals – Special provisions.

A. It shall be unlawful for any person to own and possess a vicious dog within the town. Whenever a prosecution for this offense is commenced under this section, the dog so involved may not be redeemed, pursuant to the provisions of this article, while awaiting final decision of the court as to the disposition to be made of such dog.

B. Upon the trial of any offense under this part, the court may, upon conviction and in addition to the usual judgment of conviction, order the poundmaster or other authorized personnel of the town to put the dog to death or may order such other disposition of the dog as will protect the inhabitants of the town. [Ord. 1993-3; Code 1986 § 13-20-3-10.]

6.04.260 Dog pound.

The town council may contract with some humane person as poundmaster, with the adjoining municipality or with the county for the purpose of providing suitable premises and facilities to be used by the town as the dog pound. It shall be maintained in some convenient location and shall be sanitary and so operated as to properly feed, water and protect the dogs from injury. [Ord. 1993-3; Code 1986 § 13-20-3-11.]

6.04.270 Impounding.

It shall be the duty of every police officer or other designated official to apprehend any dog found running at large, not wearing his tag, or which is in violation of this part and to impound such dog in the pound or other suitable place. The poundmaster or some other designated official, upon receiving any dog, shall make a complete registry, entering the breed, color, and sex of such dog and their license. If licensed, he shall enter the name and address of the owner and number of the license. [Ord. 1993-3; Code 1986 § 13-20-3-12.]

6.04.280 Record of impounding animals.

The poundmaster shall keep a record of each animal impounded by him, the date of receipt of such animal, the date and manner of its disposal and if redeemed, reclaimed, or sold the name of the person by whom redeemed, reclaimed, or purchased, the address of such person, the amounts of all fees received or collected for or because of the impounding, reclaiming or purchasing thereof, together with the number of any tag and the date of any tag exhibited or issued upon the redemption or sale of such animal. [Ord. 1993-3; Code 1986 § 13-20-3-13.]

6.04.290 Redemption of impounded dogs.

Any dog impounded as a licensed or unlicensed dog may be redeemed and taken from such pound by the owner or any authorized person upon exhibiting to the supervisor or person having charge of said pound a certificate of registry as provided in MMC 6.04.270, showing that the license imposed by this article has been paid for such dog and all vaccinations are current, and upon paying the person in charge of the pound an impounding fee as set by the town council by resolution. All impounded dogs not redeemed within three days’ time shall be disposed of in a humane manner. [Ord. 1993-3; Code 1986 § 13-20-3-14.]

6.04.300 Disposition of unclaimed and infected dogs.

All impounded dogs not redeemed within three days of the date of impounding may be destroyed or sold to the person first making written request for purchase at such price as may be deemed agreeable. In the case of dogs severely injured or having contagious disease other than rabies and which in the poundmaster’s judgment are suffering and recovery is doubtful, the poundmaster may destroy the dog without waiting the three-day period. [Ord. 1993-3; Code 1986 § 13-20-3-15.]

6.04.310 Interference with impounding prohibited.

It shall be unlawful for any person to hinder, delay, interfere with, or obstruct the poundmaster or any of his assistants while engaging in capturing, securing, or taking to the dog pound any dog or dogs liable to be impounded, or to break open or in any manner directly or indirectly aid, counsel, or advise the breaking open of any dog pound or ambulance, wagon, or other vehicle used for the collecting or conveying of dogs to the dog pound. [Ord. 1993-3; Code 1986 § 13-20-3-16.]

6.04.320 Lawful to go on premises.

In the enforcement of any provision of this title, any police officer or animal control officer is authorized to enter the premises of any person to take possession of vicious dogs. He may pursue any dog which has been off the premises and not controlled by a chain, cord or leash, when such entry onto private property is in fresh pursuit of such dog. Any police officer or animal control officer or official of the humane society when in the company of a police officer or animal control officer when there is probable cause that an animal is not being provided humane care and treatment may enter upon the premises of any person to investigate whether or not there has been a failure to provide humane care or treatment for any such animal. [Ord. 1993-3; Code 1986 § 13-20-3-17.]

6.04.330 Penalty.

Any person violating any provision of this title, except as herein provided, shall upon conviction be fined in any sum not exceeding $299.00 or by imprisonment for not more than 90 days or both. [Ord. 1993-3; Code 1986 § 13-20-3-18.]

Article IV. Estrays

6.04.340 Impounding and disposal of estrays – Generally.

It is hereby made the duty of the poundmaster to take into his possession and impound all estrays running at large, and to dispose of the same as hereinafter provided. Whenever the word “estray” appears in this article, it is defined to mean any valuable animal, except dogs or cats, not wild, found wandering from its owner. [Code 1986 § 13-20-4-01.]

6.04.350 Record of estrays.

The poundmaster shall keep an accurate record of all estrays received by him, their age, color, sex, marks, and brands, the time and place of taking and the expense of keeping and selling the same, all animals claimed and taken away, all animals sold and to whom sold and the amount paid, all moneys paid to owners after sale, all moneys paid into the treasury, and all other matters necessary to compliance with the provisions of this article. The town council shall provide the poundmaster with a suitable book in which shall be entered the records required by law to be kept by the poundmaster. Such records shall be open to inspection of the public at all reasonable hours and shall be deposited by the poundmaster with his successor in office. [Code 1986 § 13-20-4-04.]

6.04.360 Trespassing animals – Damaging – Impounding.

If any cattle, horses, asses, mules, sheep, goats or swine shall trespass or do damage upon the premises of any person, the party aggrieved, whether he be the owner or the occupant of such premises, may recover damages by an action at law against the owner of the trespassing animals or by distraining and impounding the animals in the manner provided. [Code 1986 § 13-20-4-05.]

6.04.370 Appraisement of damages.

The owner or occupant of any property may distrain any or all of said animals trespassing or doing damage thereon. He shall, within 24 hours thereafter, deliver said animals to the poundmaster together with a certificate of the appraisement of the damage done by such animals. Such appraisement must be made by some disinterested person. It must state the amount of the damage, the time when committed, the name of the person damaged, the name of the owner of the animals, if known, and if not known, it must state that fact together with a description of the animals, including all visible marks and brands. If the animals appear to be owned by different parties, a separate appraisement and a separate certificate thereof shall be made of the damage done by the lot or group of animals which appear to belong to each of the different owners. In such cases, the owners shall be notified separately, and each lot or group of animals shall be advertised and sold separately in the same manner as though the damage had been done by different animals at different times. [Code 1986 § 13-20-4-06.]

6.04.380 Owner to be notified.

The person distraining the animals must, if the owner of the same be known to him and if he resides within 10 miles of the place of the trespass, immediately deliver to such owner, or leave at his place of residence if he cannot be found, a copy of such certificate of appraisement; but if the owner does not live within 10 miles of the place of trespass, the party distraining the animals may at his option deliver a copy of such certificate to the owner in person, or deposit the same in the nearest post office in a registered letter addressed to said owner. He shall be entitled to charge $0.40 a mile one way for the first 10 miles necessarily traveled in delivering such certificate, and $0.25 for each additional mile, to be taxed as costs against the animals. [Code 1986 § 13-20-4-07.]

6.04.390 Failure to notify waives damages.

If the party distraining any animals shall fail to deliver them or the certificate of appraisement to the poundmaster within 48 hours, or shall fail to deliver to the owners of the animals, if known, a copy of the certificate of appraisement within 24 hours after he receives the same or to deposit the same in a post office as herein provided, he shall not be entitled to recover damages under the provision of this article. [Code 1986 § 13-20-4-08.]

6.04.400 Where owner unknown – Duty of poundmaster.

Whenever any animals are delivered to the poundmaster and the certificate of appraisement is filed with him as herein provided and such certificate states that the owner is unknown, the poundmaster shall immediately examine all brand books or brand sheets in his possession. If the owner be ascertained thereby or if the owner is already known to the poundmaster, he shall, if the owner lives within 10 miles, immediately deliver a copy of such certificate of appraisement to such owner, or leave the same at his residence if he cannot be found. If the owner lives more than 10 miles away, the poundmaster may at his option deliver such copy personally to the owner, or deposit the same in the nearest post office in a registered letter addressed to such owner. He shall, however, serve a copy in one of the ways provided herein; provided, that whenever personal service of a copy of any paper is required by this chapter, service by agent shall be deemed sufficient. [Code 1986 § 13-20-4-09.]

6.04.410 Redemption within 90 days.

The owner of any trespassing animals sold under the provisions of this article may, at any time within 90 days of the date of such sale, redeem such animals from the purchaser or assignee having the same in his possession, upon paying to such purchaser or assignee the sum for which such animals were originally sold, together with an additional 10 percent and reasonable compensation for care and keeping of the same. If such purchaser or assignee refuses to give up such animals on the owner proving his title to the same and on his tendering the amount due as herein provided, such owner may maintain any action at law to recover the same; provided, that the purchaser or any assignee who has disposed of such animals shall not be liable to such owner in any amount. If redemption of such animals is not made within 90 days after the date of such sale, such sale shall be absolute and shall vest the title to such animals in the purchaser or assignee. Any person selling or disposing of any such animal within 90 days of its sale under the provisions of this article shall notify the purchaser of the same of the date of the original sale and the amount paid for such animal at that time; if he fails to do so, he shall be liable for any loss that may accrue to such purchaser by reason of such animal being redeemed for an amount less than he paid therefor. [Code 1986 § 13-20-4-13.]

6.04.420 Record of trespassing animals.

The poundmaster shall keep an accurate record of all trespassing animals received by him, which record shall contain all the items required by this article together with the names of the injured party and the owner of the animals, the amount of the damages claimed, and all other matters necessary to a complete account of the transaction. [Code 1986 § 13-20-4-15.]

6.04.430 Retaking animal unlawfully.

It shall be unlawful for anyone to take any animal out of the possession of anyone lawfully holding the same under the provisions of this article, either by stealth, force, fraud, or to intercept or hinder any person lawfully taking or attempting to take up such animals. [Code 1986 § 13-20-4-16.]