Chapter 7.03 ANIMAL CONTROL

(a) It is unlawful for any person to abandon, within the city, any domestic or wild animal by dropping off or leaving such animal on the street, road or highway or any other public place, or upon private property without the owner’s consent. An animal is abandoned when left in any such place without any provision made for the care and feeding of such animal or for the return of such animal to its owner or keeper. Any person violating this section shall be guilty of an infraction and shall be required to reimburse the city for any reasonable and necessary costs incurred by the city or the animal control authority for the care or disposition of the abandoned animal.

(b) Any animal found abandoned, and whose owner is unknown or cannot be located, may be disposed of by the animal control authority as they deem appropriate. (Ord. 1396 § 2, 2005).

7.03.020 Animals given to minors.

No person shall give away any live animal to a minor 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 offer such animal to a minor as an incentive to enter into any business agreement whereby the offer was the purpose of attracting trade. (Ord. 1396 § 3, 2005).

7.03.030 Animal noise.

It shall be unlawful for an owner to keep or harbor any dog or other animal, which, by frequent or habitual howling, yelping, barking or the making of other noises, shall annoy or disturb a neighborhood of three or more persons who are residents of separate households. Any such dog or animal shall be deemed a nuisance and may be seized and impounded. Any person who violates this section shall be guilty of a misdemeanor. (Ord. 1396 § 4, 2005).

7.03.040 Animals at large on public grounds.

It is a violation for the owner or person having control or custody of any animal to allow such animal to be at large in any park or to enter any public beach, pond, fountain, or stream therein, or upon any public playground or school ground, or in any public building. An animal at large is declared to be a nuisance and may be seized and impounded. (Ord. 1396 § 5, 2005).

7.03.050 Animals at large on private property.

It is a violation for the owner or person having control or custody of any animal to allow such animal to enter or trespass upon private property without the express permission of the owner or caretaker of such property. Any such animal may be seized and impounded. (Ord. 1396 § 6, 2005).

7.03.060 Stray dog, cat, or animal.

Any stray dog, cat or animal running at large within the city is hereby declared to be a nuisance, and any such stray dog, cat, or animal may be seized and impounded. For purposes of this section, “stray dog,” “stray cat,” and “stray animal” shall mean and include any dog, cat, or animal loitering in a neighborhood or any public place without an apparent owner or home. (Ord. 1396 § 7, 2005).

7.03.070 Found stray animals.

(a) It shall be the duty of a person who takes possession of a stray animal, not owned by the person or not placed into the person’s possession by the person having lawful custody and control thereof, to notify the animal control authority or police at once, and to release the animal to the animal control authority upon demand and without charge.

(b) If the animal control authority is unable to locate the animal’s lawful owner, then the person who found the animal shall be given the opportunity to adopt the animal, if requested, before the animal may be adopted by another person or euthanized by the animal control authority. (Ord. 1396 § 8, 2005).

7.03.080 Animals injuring humans, domestic animals, or livestock.

It is unlawful for the owner or other person having control or custody of any animal to allow such animal to cause injury to a human, domestic animal, or livestock which is acting in a lawful manner. Any such animal may be seized and impounded. Any violation of this section is a gross misdemeanor. (Ord. 1396 § 9, 2005).

7.03.090 Animals injuring private and public property.

(a) It is a violation for the owner or other person having control or custody of any animal to allow such animal to damage or destroy any property or thing of value upon the private property of another, or upon any public property in the amount of less than $250.00. Any such animal may be seized and impounded. Any violation of this section is an infraction, plus actual damage costs may be assessed.

(b) It is unlawful for the owner or other person having control or custody of any animal to allow such animal to damage or destroy any property or thing of value upon the private property of another in the total amount of equal to or greater than $250.00, or upon any public property. Any such animal may be seized and impounded. Damage in the total amount equal to or greater than $250.00 shall be a misdemeanor, plus actual damage costs may be assessed. (Ord. 1396 § 10, 2005).

7.03.100 Directing dog to harass or attack.

It shall be unlawful for any person having control or custody of any dog to direct, encourage, cause, allow, or otherwise aid or assist any dog to threaten, charge at, bite, harass, menace, or attack any person within the city. Any such animal may be seized and impounded. Any violation of this section is a gross misdemeanor. (Ord. 1396 § 11, 2005).

7.03.110 Directing dog to harass or attack public officer.

It shall be unlawful for any person having control or custody of any dog to allow, direct, encourage, cause, or otherwise aid or assist any dog to threaten, charge, intimidate, bite, harass, menace, or attack any animal control or other public officer engaged in the conduct of his or her duties. Any such animal may be seized and impounded. Any violation of this section is a gross misdemeanor, and shall carry a minimum of two days in jail. (Ord. 1396 § 12, 2005).

7.03.120 Use of dog in illegal activity prohibited.

No person shall keep, maintain, control, or retain custody of any dog in conjunction with or for the purpose, whether in whole or in part, of aiding, abetting, or conducting any illegal activity or committing any crime within the city. Any such animal may be seized and impounded. Any violation of this section is a gross misdemeanor. (Ord. 1396 § 13, 2005).

7.03.130 Confinement of female dogs and cats in heat.

Every female dog and cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with a male of the species, except for planned breeding. It is a violation for any person having control or custody of a dog or cat in heat to allow such animal to be unconfined. Any dog or cat not so confined when in heat, whether or not such dog or cat is licensed, may be seized and impounded, and will be subject to mandatory spaying in accordance with the process in this title without regard to prior impoundment. (Ord. 1396 § 14, 2005).

7.03.140 Confinement or restraint of a pet animal.

A pet animal shall not be trapped in any manner that subjects the animal to injury inherent to the mechanism of the trap. A humane box trap may be set on a complainant’s property for the purpose of trapping nuisance pet animals. Animals which are caught in such a trap must be returned to their owners or taken to the animal control authority. Injurious confinement or restraint of a pet animal is a misdemeanor. (Ord. 1396 § 15, 2005).

7.03.150 Dogs off premises to be on leash.

Unless in a designated off-leash area (“off-leash area” shall mean any area designated by the city within which dogs, under the effective control of the owner or custodian, may be off leash), it shall be a violation for the owner or custodian of any dog to cause, permit, or allow such dog to roam, run, stray, or be away from the premises of such owner or custodian and to be on any public place or any public property or the private property of another in the city unless such dog, while away from such premises, is controlled by a leash or chain not more than eight feet in length, such control to be exercised by such owner or custodian or other competent and authorized person. Any dog found roaming, running, straying, or being away from such premises and not on a leash as herein provided is hereby declared to be a nuisance and such dog may be seized and impounded. (Ord. 1396 § 16, 2005).

7.03.155 Humane restraint standards for animals.

(a) Any animal that is restrained by a chain or rope, or similar device, must be restrained in compliance with this section. Any chain, rope, or tie-out must comply with the following requirements:

(1) Chain must be links of five-sixteenths of an inch or smaller.

(2) The use of chains or choke chains as collars is prohibited. This subsection does not apply to choke chains used for training purposes when a person is present at all times and actively engaged in training the animal.

(3) Any chain, rope, or other tie-out must be connected to a collar or harness on a swivel or in a manner that prevents the chain from tangling.

(4) The tether may be connected to the animal only by a buckle-type or snap-on collar or a body harness made of nylon or leather. Any collar or harness must fit the animal properly.

(5) Any chain, rope, or tie-out must be at least 10 feet in length, and the animal must have access to water and shelter while tethered. The shelter and water vessel must be constructed or attached in such a way that the animal cannot knock over the shelter or water vessel.

(6) If there are multiple animals, each animal must be tethered, chained, or tied separately.

(b) It is a violation:

(1) To tether any animal in such a manner as to permit the animal to leave the owner’s property; or

(2) To tether any animal in such a manner that the animal can become entangled with any obstruction or any other tethered animal or be able to partially or totally jump over any fence; or

(3) To fail to remove waste from the tethered area on a reasonable basis to ensure a healthful environment for the animal; or

(4) To tether any animal in a manner that does not comply with subsection (a) of this section or endangers the health or safety of the animal. (Ord. 1513 § 5, 2011).

7.03.160 Dogs jumping and/or threatening.

(a) It is a violation for the owner or other person having control of any dog to allow such dog to frequently or habitually snarl at, growl at, jump upon, or threaten persons upon public sidewalks, roads, streets, alleys, or public places. Any such dog may be seized and impounded.

(b) It is unlawful for any owner of a dog to fail to prevent the dog from chasing or jumping on or at vehicles or cyclists lawfully using the public streets, avenues, parks or public places within the city of Fircrest, and the same is hereby declared to be a nuisance and any such dog may be seized and impounded. (Ord. 1396 § 17, 2005).

7.03.170 Feeding waterfowl prohibited.

(a) No person, other than authorized personnel, shall feed waterfowl on public property. Nor shall any person supervising a minor and having the ability to control the minor allow the minor to feed waterfowl on public property.

(b) “Waterfowl” means geese and ducks.

(c) “Feed” means feeding directly, as well as depositing or leaving any foodstuff of any kind or nature with the intent of feeding. (Ord. 1396 § 18, 2005).

7.03.180 Household pets – Number allowed.

(a) Limitation. Each dwelling unit and the accompanying lot or common area is limited to a total of seven household pets, only four of which may be dogs, and only four of which may be cats, plus one unweaned litter produced by any of the pets; provided, that this limitation shall not apply to gerbils, hamsters, or fish.

(b) Shelter. Household pets shall be sheltered in the dwelling unit or in a structure located in the side or rear yard of the accompanying lot.

(c) The number, use and sheltering of all animals legally established prior to the effective date of the ordinance codified in this chapter that do not conform with the regulations provided herein shall be allowed to remain as legal nonconforming uses; provided, that there shall be no expansion of a nonconforming use. (Ord. 1396 § 19, 2005).

7.03.190 Small domestic animals.

(a) Limitations. In any zoning district permitting residential uses, no more than four small domestic animals shall be permitted in lots less than one-half acre in area. Not more than 10 such animals shall then be kept on lots one-half acre or larger.

(b) Confinement. Suitable measures shall be maintained to prevent animals from straying onto adjacent property or public rights-of-way. (Ord. 1396 § 20, 2005).

7.03.200 Keeping wild animals prohibited.

(a) It is unlawful for any person to own, possess, maintain, harbor, or transport to sell within the city any living wild animal. Zoological gardens, circuses, rodeos, or livestock shows licensed by the city are excepted, as is any federally and state licensed sanctuary.

(b) For the purposes of this section, the term “wild animal” means and includes any and all species of:

(1) Poisonous reptiles and poisonous arachnids;

(2) Constrictor reptiles;

(3) The order crocodilia, including alligators, crocodiles, caiman, and gavials;

(4) Nondomesticated species of felines;

(5) Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids; wolves and wolf-hybrids;

(6) All species of nonhuman mammals/primates and prosimians, except domestic cats and dogs, domestic ferrets, domestic rodents, domestic rabbits, including all camelids, and except any species designated by city council resolution as an exception to the definition of wild animal. (Ord. 1396 § 21, 2005).

7.03.210 Removal of fecal matter.

It is unlawful for an owner or handler of any animal to:

(a) Fail to remove fecal matter deposited by the animal on any common thoroughfare, passageway, by-path, public playgrounds, lawn areas and sidewalks, parks or any place where people congregate or walk, or other public property whatsoever, or upon any private property without the permission of the owner of said property before the owner of the animal leaves the immediate area where the fecal matter was deposited; or

(b) For the owner or handler of any animal to fail to have in their possession the equipment necessary to remove their animal’s fecal matter when accompanied by said animal on public property, or public easement or private property of another as set forth in subsection (a) of this section.

(d) The provisions of this section shall not apply to blind persons who may use dogs as guides.

(e) Any violation of this section is declared to be a nuisance. (Ord. 1396 § 22, 2005).

7.03.220 Unlawful release of pet animal.

No person other than the owner, or person authorized by the owner, of the animal shall release any animal from any confinement, vehicle or restraint unless such release is necessary for the immediate health and safety of the animal; provided, this section shall not apply to peace officers and the animal control officers. Unlawful release of a pet animal is a misdemeanor. (Ord. 1396 § 23, 2005).

7.03.230 Penalty for violation.

Unless specifically designated in this chapter as a gross misdemeanor or misdemeanor or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this chapter is a civil infraction and the penalty amount is $250.00, not including statutory assessments. A monetary penalty of $52.00 shall also be imposed for failure to respond to or pay the notice of infraction or citation.

Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. (Ord. 1396 § 24, 2005).

7.03.240 Severability.

Should any part of this chapter be adjudged invalid for any reason, such adjudication shall not affect the validity of this chapter as a whole or any part thereof. (Ord. 1396 § 25, 2005).