ARTICLE II. ANIMAL CONTROL

Sec. 14-31. Running at large prohibited.

(a)   It shall be the duty of the owner of any animal or anyone having an animal in his possession to keep the animal under control at all times while the animal is off the real property limits of the owner, possessor or custodian. For the purposes of this section, an animal is deemed under control when it is confined within a vehicle; is secured by a leash or other device held by a competent person; is under voice control; or is properly confined within an enclosure with permission of the owner of the property where the enclosure is located.

(b)   No person shall tie, stake or fasten any animal within any street, alley, sidewalk or other public place or in such manner that the animal has access to any portion of any street, alley, sidewalk or other public place.

(c)   Every female dog or cat in heat shall be confined in a building or other enclosure in such manner that such female dog or cat cannot come into contact with another male animal except for planned breeding.

(d)   Every animal shall be restrained or controlled so as to prevent it from chasing vehicles or attacking persons or other domestic animals.

(e)   The owner or custodian of any animal that is proven to be at large shall be in violation of this section, regardless of the precautions taken to prevent the escape of the animal and regardless of lack of knowledge of the offense at the time it occurs.

(f)   Any such animal at large may be impounded by the animal control officer or an authorized representative thereof.

(g)   Any animal with no known keeper (e.g., feral cats) shall be considered "at large" and subject to impoundment.

(Ord. No. 11, § 11-3, 3-11-2002)

Sec. 14-32. Duty to keep animal under restraint while on property.

It shall be the duty of every owner of any animal to ensure that it is confined by way of a fence or other enclosure, including activated invisible fence, or is restrained by chain or leash or, in some other physical manner, under the control of a competent person so that it cannot wander off the real property limits of the owner, it being the intent of this article that all animals be prevented from leaving, while unattended, the real property limits of their owners.

(Ord. No. 11, § 11-4, 3-11-2002)

Sec. 14-33. Abandonment of animals.

(a)   It shall be unlawful for a person to abandon any domestic animal owned by him. No person shall put out or abandon any dog, cat or other domestic animal on public or private property. It shall be unlawful for anyone to abandon any domesticated animal within the county. Each person who does abandon, or permits such abandonment, or aids in the abandonment of any domesticated animal shall be in violation of the law and shall be punished as provided in this article.

(b)   It shall be unlawful for any person to abandon or to turn out at large any sick, diseased or disabled animal, but such animal shall, when rendered worthless by reason of sickness or other disability, be disposed of by the owner thereof in accordance with the rules and regulations of the state.

(c)   It shall be unlawful for the owner of any animal or fowl that die or are killed within the limits of the county to fail to remove or bury the carcass of such animal within a reasonable time, and in no event more than 24 hours after its death; provided that, except in property zoned agricultural under the county's unified development code, no horse, cow, ox, pig, sheep, goat, ostrich, llama, emu, or wildlife shall be buried within the limits of the county. All animals buried within the county shall be buriedin accordance with regulations of the county board of health, if applicable.

(d)   If the owner, possessor or custodian of an animal is not known, and the animal is upon the public streets, alleys, sidewalks, school grounds or other public places or premises, or property of another, without the property owner's permission, as prohibited by this section, any law enforcement officer or agent or employee duly authorized by the county shall be authorized to immediately take possession of such animal and impound it in accordance with the rules and regulations provided by law or by ordinance ofthe county for the detention, control and disposition of animals.

(e)   Once impounded, an animal shall be kept for a period of time as outlined in this article, and, thereafter, if the animal is not claimed by anyone after a reasonable effort has been made to locate the owner, possessor or custodian of the animal as provided in this article, the animal may be disposed of in a humane fashion or in accordance with the rules and regulations of the state.

(Ord. No. 11, § 11-5, 3-11-2002)

Sec. 14-34. Cruelty to animals; fighting animals.

No person shall, by act, omission or neglect, cause unjustifiable physical pain, suffering or death to any animal. This section shall not apply to the killing of animals raised for the purpose of providing food, nor does it apply to any person who shall hunt wild animals in compliance with the game and fish laws of the state. Furthermore, this section shall not apply to the killing or injuring of animals for humane purposes or in the furtherance of medical or scientific research or in the necessary defenseof one's person or personal property.

(1)   Whoever willfully or purposefully kills, abuses, maims or disfigures any animal or willfully or maliciously administers poison to an animal or exposes any poisonous substance with intent that the substance shall be taken and swallowed by an animal shall be in violation of this article. Cropping, docking, and dew claw removal performed by a veterinarian shall not be considered maiming or disfiguring.

(2)   Whoever overloads, overdrives, tortures, torments or deprives an animal of its necessary sustenance or shelter or beats, mutilates, hobbles or kills any animal or causes such acts to be done, or carries in or upon a vehicle or otherwise any animal in a cruel or inhumane manner, shall be deemed in violation of this article. This section shall not prohibit the hobbling of an animal for legitimate training or approved medical care purposes.

(3)   Whoever confines an animal and fails to supply sufficient quantities of nutritious food and clean water, or keeps any animal in any enclosure without wholesome exercise, proper ventilation or change of air, or abandons any animal to die, shall be deemed in violation of this article.

(4)   No person shall:

a.   Own, possess, keep or train any animal with the intent that such animal shall be engaged in an exhibition of unlawful fighting.

b.   Build, make, maintain or keep a pit on premises owned by him or occupied by him, or allow a pit to be built, made, maintained or kept on such premises, for the purpose of an exhibition of animal fighting.

c.   In any manner encourage, instigate, promote or assist in an exhibition of animal fighting.

d.   Charge admission to, be an assistant, umpire or participant at or be present as a spectator to any exhibition of animal fighting.

(5)   No owner of any dog contracting distemper or parvo shall allow such dog to remain untreated or fail to take prompt steps to have the dog euthanized.

(6)   Any animal control officer may impound any animal that has been treated in a cruel manner.

(Ord. No. 11, § 11-6, 3-11-2002)

Sec. 14-35. Animals disturbing the peace.

(a)   No owner or keeper of an animal shall allow an animal to annoy or disturb any person not on the premises of the owner or keeper of the animal by unreasonable barking or other noises. For the purpose of this section, unreasonable barking or other noises shall mean barks, bays, cries, howls or other noises that are continuous or incessant for a period of 30 minutes, or are intermittent for a period of one hour or more. Barking or noises shall not be considered unreasonable if the animal is responding to a trespass or attempted trespass on private property. This section shall have no application to noises or disturbances made by livestock, poultry, or other animals emanating from a legitimate farming operation on property zoned for agricultural use.

(b)   Any person that knowingly keeps, owns, harbors, has custody or control of, or acts as custodian of an animal that constitutes a nuisance shall be guilty of an unlawful act and shall be punished as provided in this chapter.

(Ord. No. 11, § 11-7, 3-11-2002)

Cross references:  Enumeration of prohibited noise, § 34-154. 

Sec. 14-36. Enforcement.

Enforcement authority of this chapter shall be vested with the animal control officer or any other duly authorized sheriff's deputy of the county. Enforcement shall be based upon a complaint lodged with the county sheriff's office. In carrying out the duties of this chapter the county sheriff's office may employ equipment, including but not limited to control poles, nets, leashes of any construction, chemical capture devices, snakes tongs, oleoresin capsicum aerosols, snake hooks, humane traps, collapsiblebatons, firearms and metal carrying cages.

(Ord. No. 11, § 11-8, 3-11-2002)

Sec. 14-37. Commercial guard/security dogs.

(a)   It shall be the duty of all persons who keep, use or maintain any guard/security dog to have signs conspicuously posted on the premises where the guard/security dog is located to warn of the presence of the dog. This warning shall consist of a warning sign placed at each entrance and exit to the premises and in a position to be legible from the sidewalk or ground level adjacent to the sign (eye level). If the premises are not enclosed by a wall or fence, a sign shall be placed at every entrance and exit toeach structure on the premises in which a guard/security dog is located. Each sign shall measure at least ten inches by 14 inches and shall contain block lettering stating "Warning, Guard Dog on Duty." In addition, for dogs rented or leased, the sign shall set forth the name, address and phone number of the responsible person to be notified during any hour of the day or night.

(b)   It shall be the duty of all persons who keep, use or maintain a guard/security dog to ensure the dog is vaccinated against rabies and licensed as required by state and county laws and ordinances. The dog also must have the current vaccination tag affixed to a collar worn by the dog at all times as required by state and county laws and ordinances.

(c)   It shall be unlawful to transport any guard/security dog in an open bed truck, and the vehicle transporting guard dogs shall be identified as to the business owner. It shall be unlawful to transport any guard dog in the county except under the following conditions:

(1)   Each dog shall be placed in separate holding bins.

(2)   Each holding bin shall be enclosed and measure 48 inches long by 18 inches wide by 30 inches high.

(3)   Each holding bin will be adequately ventilated.

(d)   No guard/security dog shall be chained, tethered or otherwise tied to any inanimate object, such as a tree, post or building, outside of its own enclosure.

(e)   A guard/security dog shall be confined by the owner/custodian/harborer within a building or secure enclosure out of which it cannot climb, dig, jump or otherwise escape of its own volition.

(Ord. No. 11, § 11-9, 3-11-2002)

Sec. 14-38. Vicious animals--Precautions to be taken by owners.

(a)   The term "vicious animal" shall mean any animal which attacks, bites or injures humans, other animals without provocation; or which, because of temperament, conditioning or training, has a known propensity to attack, bite or injure other living creatures without provocation; or any animal which constitutes a physical threat to human beings or domesticated animals by one or more attacks without provocation of such severity to cause physical injury. An animal that bites its owner is exempted from this section, except the mandatory reporting requirement of section 14-107 shall still apply.

(b)   Exceptions: An animal is not considered vicious if it attacks, bites or menaces:

(1)   Anyone attacking its owner;

(2)   Unlawful trespassers on the property of its owner;

(3)   Any person or animal that has tormented or abused it;

(4)   If it is defending its young or other animal;

(5)   Any nondomesticated animal being hunted as part of lawful hunting activities.

(c)   An animal will not be classified as vicious simply by nature of its size, breed, phenotype or other physical characteristics.

(d)   No person owning or having custody or control of any animal known to be vicious shall permit it to run at large, or permit it to run loose on or within the premises of such person in such a manner as to endanger the life or limb of any person lawfully entering such premises.

(e)   For owners of vicious animals who maintain their animal out-of-doors, a portion of their property shall be fenced with a perimeter or area fence. Within this perimeter fence the vicious animal must be humanely confined inside a house, building, pen or kennel of adequate size. The pen or kennel shall not share common fencing with the area or perimeter fence. The kennel or pen must have secure sides, with a secure top attached to all sides, and the sides must be securely set into the ground or onto a concretepad or securely attached to a wire bottom, out of which it cannot climb, dig, jump or otherwise escape on its own volition. The gate must be securely locked.

(f)   A warning sign (e.g., BEWARE OF VICIOUS ANIMAL) shall be conspicuously posted denoting a vicious animal is on the premises and if such vicious animal is kept in a secure enclosure such signs will be posted on all four sides of such enclosure. It is the intention of this article to make all persons who have legitimate business at the place where a vicious animal is kept to be fully warned that such vicious animal is present.

(g)   No vicious animal shall be chained, tethered or otherwise tied to any inanimate object such as a tree, post or building, outside of its own enclosure.

(h)   Whenever outside of its enclosure, but on the owner's property, a vicious animal must be attended by the owner and restrained by a secure collar and leash of not more than six feet in length and of sufficient strength to prevent escape.

(i)   It shall be unlawful for any person to cause, permit, accompany or be responsible for any vicious animal on the streets or in any other public place, at any time, unless, in addition to the other requirements of this article, such animal is humanely and securely muzzled and in charge of a competent person to effectively prevent it from biting any person or other animal.

(j)   The owner of any vicious animal which is not confined in a building or secure enclosure, or any person who shall release, either willfully or through a failure to exercise due care or control, or take such animal out of such building or secure enclosure in a manner which is likely to cause injury to another person or damage to the property of another person shall be in violation of this article, and such animal shall be permanently confined or humanely destroyed.

(Ord. No. 11, § 11-10, 3-11-2002)

Sec. 14-39. Same--Penalties.

Any person who violates any provision of this article shall be subject, upon conviction, to be punished as provided in section 1-12. If state law is modified to provide for greater penalties for ordinance violations, such increased penalties shall become automatically effective with respect to this section.

(Ord. No. 11, § 11-11, 3-11-2002)

Sec. 14-40. Same--Applicability of article.

This article shall apply to all animals, except dogs. Article V of this chapter, pertaining to dangerous dogs and potentially dangerous dogs, shall apply to dogs as defined in that article.

(Ord. No. 11, § 11-12, 3-11-2002)

Sec. 14-41. Detention of animals.

It shall be unlawful for any person to detain or hold the animal of another without notifying the animal control officer or law enforcement agency.

(Ord. No. 11, § 11-13, 3-11-2002)

Sec. 14-42. Interference with officer.

(a)   It shall be unlawful for any person to interfere with, molest, hinder or prevent any police officer or animal control officer in the discharge of their duties as prescribed in this article.

(b)   Any person who shall hinder, delay, interfere with or obstruct any police officer or animal control officer while engaged in capturing, securing or taking to the animal shelter any animal or animals liable to be impounded, or who shall break open in any manner directly or indirectly aid, counsel or advise the breaking open of any animal control vehicle or other vehicle used for the collecting of any such animals shall be deemed in violation of this chapter.

(Ord. No. 11, § 11-14, 3-11-2002)

Secs. 14-43--14-70. Reserved.

 

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