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Chapter 6 - ANIMALS[1]Footnotes:--- (1) ---
Editor's note— Ord. No. 36463, § 2, adopted Dec. 16, 2003, amended ch. 6 in its entirety. Formerly, said chapter pertained to similar subject matter as enacted by Code 1980, §§ 6-1—6-326, as amended.
Cross reference— Stockyards, slaughterhouses and other objectionable businesses, § 11-3; health and sanitation, ch. 12; nuisances, ch. 18; prohibited treatment of police dogs and police horses, § 20-27; animals at large in parks, § 21-5.
State Law reference— Regulation of animals, R.R.S. 1943, §§ 14-102(11), 14-102(16).
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ARTICLE I. - ANIMAL CONTROL OFFICERS
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Sec. 6-1. - Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
Adequate drainage: That the living area for each animal being kept confined or restrained shall have adequate drainage such that the animal shall be free to walk or lie down without coming in contact with standing water or other liquid.
Animal care professional: Veterinarian, veterinary technician, veterinarian staff assistant, kennel operator/staff, groomer, shelter operator/staff, breeder.
Animal control authority: The entity with whom the city contracts for enforcement of this chapter.
Animal control officer: The person employed by the animal control authority for the enforcement of the provisions of this chapter.
Animal rescue: An entity or person(s) who:
Provides care or fosters pet animals that have been lost, abandoned, surrendered or otherwise disowned; trains, alters (spay/neuter), vaccinates, rehabilitates and otherwise treats rescued pet animals to bring them into adoptable condition; finds suitable adoptive homes for rescued pet animals; provides assistance to insure the permanent welfare of the adopted pet; and educates the public regarding the scope of animal rescue activities and pet animal owners to prevent abandonment.
An animal control authority is not an animal rescue, for purposes of this chapter.
At large: A dog or mini-pig shall be deemed to be at large, running at large or permitted to run at large when off or away from the premises of the owner, possessor or keeper thereof or not under the control of such owner, possessor or keeper, or other responsible person, either in a receptacle, in an enclosed automobile or on a leash, cord or chain, except in a dog park recognized by the city.
Cat: A Felis Domesticus.
Cattery: A person who a) is engaged in the commercial business of buying, selling, breeding, care or boarding of cats, or keeps six or more cats over four months of age; b) does not possess a valid pet avocation permit, a valid feral cat colony caretaker permit nor a valid pet shop permit; and c) whose activities in such business or keeping of cats is not conducted exclusively indoors.
City: The area within the corporate limits of the city and the area within three miles of the corporate limits thereof.
Collar: A device worn around the neck or the body made of durable material strong enough to adequately and humanely restrain the dog it is intended for and carry identification and vaccination tags. The device must be properly fitted so that the dog cannot slip out of the collar. Collars may not be equipped with any type of sharp prongs on the inside of the collar or weighted devices that may cause injury or discomfort to the animal's neck. Blunt pronged training collars are permitted if properly fitted and unaltered from the manufactured design.
Dog: A Canis Lupus Familiaris.
Feral cat colony: Any number of unowned, free-roaming cats that frequent an area seeking food or shelter.
Feral cat colony caretaker: A person who provides care for, but does not own, cats who are part of a feral cat colony and holds a feral cat colony caretaker permit from the animal control authority.
Foster pet animal: A lost, abandoned, surrendered or otherwise disowned pet animal which is being brought into adoptable condition by an animal rescue.
Harness: A close fitting device with straps that encircle the dog's body across the chest over the shoulders and under the belly behind the front legs which is constructed of materials appropriate for the size and strength of the dog to which a leash or tether can be attached.
Kennel: A person who a) is engaged in the commercial business of buying, selling, breeding, care or boarding of dogs, or keeps four or more dogs over four months of age; and b) does not possess a valid pet avocation permit nor a valid pet shop permit;
Leash: A strap, rope or other device of sufficient strength and weight to securely restrain the dog for which it was intended.
Livestock: Any horse, bovine, swine, sheep, goat, mule, donkey or burro, chicken, turkey, duck, goose, guinea, pea fowl, swan or other animal or fowl commonly kept for commercial or agricultural purposes as permitted by this Code and which is a member of a species or breed not ordinarily found in the wild.
Mini-pig: A pure-bred animal of the species Sus Scrofa Bittatus, commonly known as the Vietnamese potbellied pig.
Muzzle: A basket or cage like device approved by the animal control authority constructed to cover the dog's mouth and snout and prevent biting, but which allows the dog to open its mouth to pant and drink.
Nondomestic animal: Any animal other than a pet animal, agricultural animal; any animal, which has reverted to a wild state, a wolf hybrid animal, or any other hybrid animal.
Owner: Any person owning, keeping, possessing, harboring or knowingly permitting an animal to remain on or about any premises occupied by that person excluding a feral cat caretaker. In the event that the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of these ordinances are complied with.
Pet animal: Any domestic dogs, domestic cats, mini-pigs, domestic rabbits, domestic ferrets, domestic rodents, sugar gliders, hedge hogs, birds except those defined as agricultural animals and specifically including any birds possessed under a license issued by the State of Nebraska and/or the United States Fish and Wildlife Service, non-lethal aquarium fish, non-lethal invertebrates, amphibians, turtles, non-venomous lizards that will not grow to more than five feet in length at maturity, non-venomous snakes that will not grow to more than eight feet in length at maturity, or such other animals as may be specified and for which a permit shall be issued by the animal control authority after inspection and approval; provided, however, that any animal forbidden to be sold, owned, or possessed by federal or state law is not a pet animal.
Pet animal avocation. The care, breeding, showing or sale of dogs or cats by a competent adult person who is registered with the animal control authority and who shall own, keep, harbor or maintain four or more dogs but no more than five dogs total and/or six or more cats but no more than eight total dogs and/or cats four months of age or older on the lot on which he or she resides or on a contiguous lot, which lot or lots are not zoned for business.
No animals other than those owned by the permit holder may be kept for longer than one year.
Pet shop: Every place or premises where pet animals are kept for the purpose of sale at either wholesale or retail, import, export, barter, exchange, or gift as pets.
Racetrack: A facility used for the purpose of racing animals and maintaining and housing animals used in official connection therewith.
Reckless owner: An owner who has been convicted of one or more violations of this chapter on three separate occasions in a 24-month period or who has not complied with the requirements for ownership of a dangerous or potentially dangerous animal.
Securely fenced yard: A yard completely enclosed by proper fence materials, with secured gates, and of sufficient height and condition to restrain any dog contained within. A yard with an electronic fence is not a securely fenced yard. An authorized off leash dog area is not a securely fenced yard.
Stray: Any pet animal that a reasonable person believes is unclaimed by its owner or keeper; and for purposes of this definition the terms "reasonable person" forms an objective standard.
Temporary/temporarily: Any continuous period not to exceed 30 days.
Tether: Restrain a dog by tying the dog to any object or structure, including, but not limited to, a house, tree, fence, post, garage, or shed by any means, including, but not limited to, a chain, rope, cord, leash, trolley system, or running line. This shall not include a leash when used while walking an animal.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 36690, § 1, 7-13-04; Ord. No. 37682, § 1, 4-3-07; Ord. No. 37716, § 1, 5-1-07; Ord. No. 38257, § 1, 9-30-08; Ord. No. 39747, § 1, 8-20-13; Ord. No. 41237, § 1, 8-22-17)
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Sec. 6-2. - Appointment.
The director of the authority is hereby authorized to appoint and designate certain of the properly trained employees of the authority as animal control officers.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-3. - Identification.
Those persons appointed as animal control officers shall be furnished with appropriate identification which shall be carried by them on their person during the performance of their duties.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-4. - Duties.
Each animal control officer is hereby authorized and it shall be his duty to issue written notices, impound animals, investigate violations, issue citations, to obtain search warrants and orders of impoundment and seize and control evidence as provided in this chapter whenever any person is found in violation of any of the provisions therein enumerated.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-5. - Authority restricted.
The provisions of this article shall not be construed as granting or establishing in animal control officers the powers or authority of a peace officer, and such animal control officers shall be strictly limited to the authority provided for in this chapter when acting in the capacity of animal control officers.
(Ord. No. 36463, § 2, 12-16-03)
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Secs. 6-6—6-20. - Reserved.
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ARTICLE II. - ENFORCEMENT
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Sec. 6-21. - Authority of chief of police.
The enforcement of the provisions of this chapter shall be under the general direction and supervision of the chief of police.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-22. - Designation of animal control authority.
The mayor and council shall enter into a contract with an authority or other like institution, for the purpose of carrying out the provisions of this chapter in the city.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-23. - Enforcement by animal control authority.
It shall be the duty of the authority and such other health and law enforcement authorities designated under this chapter to enforce this chapter in the city.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-24. - Animal shelter.
The authority shall establish an animal shelter and maintain the same. The shelter shall be maintained in some convenient location, and shall be sanitary, heated, ventilated and lighted. The kennels shall be kept open during such hours as shall be provided by the contract. The hours of the shelter and the kennels shall be open and shall be posted on the main entrance. The authority may utilize alternative facilities for the care of animals in the event that the authority is unable to provide necessary care at the shelter.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-25. - Obstructing enforcement.
No person shall hinder, delay, interfere with or obstruct the authority or any of its assistants while engaged in capturing, securing or taking to the shelter any animal to be impounded, or shall break open or in any manner directly or indirectly aid, counsel or advise the breaking open of any shelter ambulance, wagon, or other vehicle used for the collecting or conveying of animals to the shelter, or shall remove or cause to be removed any animal from the shelter, ambulance or any vehicle used for collecting or conveying animals to the shelter without permission of the authority, or shall in any way interfere with, hinder or obstruct the authority or any of its assistants in the performance of their duties as required by law.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-26. - Citation for violation.
(1)
Whenever any person is alleged to have violated any of the provisions of section 6-71, 6-74, 6-103, 6-107 through 6-113, 6-127, 6-128, 6-147, 6-148, 6-150, 6-201, 6-206, 6-207, 6-208, 6-262, 6-303, 6-304, 6-306, 6-323, 6-328 through 6-331, 6-334 of this Code, he may, under such conditions as may be prescribed by the court, execute a waiver of appearance and plea of guilty by signing, completing and complying with the cited item or items on a waiver form provided by the county court. At the time of such waiver and plea of guilty, he must pay the penalties and costs fixed by the court for the violation or violations charged, in order to avail himself of the benefits herein provided.
(2)
At the time of the commission of the alleged violation, the accused shall be served with a printed notice requiring him to make such appearance on or before the date specified thereon, provided he chooses not to execute a waiver of appearance and plea of guilty, and it shall apprise him that, upon neglect, refusal or failure to do so, a warrant shall be issued for his arrest; that he must appear at said court during the hours fixed by the judges of the county court as shown on said notice; of the violation or violations charged against him; and of the schedule of penalties for the violations committed.
Whenever any person refuses, neglects, or fails to comply with any of the requirements of this section as herein provided, a warrant shall be issued for his or her arrest, and he or she shall be denied the benefits of any of the provision thereof, and shall be held for trial in the county court for the offense or offenses charged, in all respects the same as if this section were not in existence.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-27. - Nondomestic animal removal; fee.
Any landowner may request the authority to remove a nondomestic animal from his or her private property. There shall be no fee for the first such removal requests in any one calendar year. The fee for such second and third removal requests in any one calendar year shall be $15.00 per request. The fee for any subsequent removal requests within the same calendar year shall be $50.00 per request.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 41237, § 1, 8-22-17; Ord. No. 43655, § 2, 1-9-24)
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Secs. 6-28—6-40. - Reserved.
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ARTICLE III. - IMPOUNDMENT
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Sec. 6-41. - Authority of animal control authority.
The authority may seize and impound, subject to the provisions of this article, any animals found in violation of the provisions of this chapter within this city, whether such animal shall be in the immediate presence of its owner or custodian or otherwise.
Any animals seized or impounded, subject to the provisions of this article, may, at the discretion of the authority be examined and/or treated by a licensed veterinarian. If it is determined by a veterinarian acting for the authority that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the authority to be humanely disposed of as the authority deems appropriate. Costs of examination, treatment, euthanasia, and/or other care shall be the responsibility of the owner.
If the authority reasonably believes that a violation of this chapter has occurred, the authority is hereby authorized and empowered to seek a search warrant from the appropriate court to enable the authority to enter private property in order to inspect, care for, or impound animals found to be in violation of this chapter.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-42. - Notice of impoundment.
The authority, within 24 hours of taking custody of an animal under this chapter, shall take reasonable steps to provide written notice of the impoundment to the owner of the animal by either posting a notice of the impoundment at the location where the animal was seized or by delivering a copy of such notice to a person of suitable age on the owner's property. If the owner's identity is not known, then the authority is not required to take any other steps except post notice in the location of the impoundment.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-43. - Impoundment by persons other than the animal control authority—Authorized; notification of animal control authority.
It shall be lawful for any person to take up any animal found in violation of the provisions of this chapter; provided that said person shall immediately notify the authority of the same and, further provided that no other local or state law or ordinance is violated in taking such action.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-44. - Same—Information required.
The authority may not receive any animal into the animal shelter from any person unless such person shall leave his full name and place of residence, which shall be registered and kept by the authority. It shall be unlawful for any person to give any false information or statement concerning the owner, keeper, or harborer of any animal, or concerning any animal brought into such shelter or impounded therein.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-45. - Cruelty to animals; right of entry of city officials; costs; dispositions of animal.
Any duly authorized public health official, law enforcement official, or animal control officer may seek a warrant from the appropriate court to enable him or her to enter private property in order to inspect, care for or impound animals which show signs of animal neglect or animal abuse. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of this act has occurred. Each affidavit shall be accompanied by a sworn statement from any person filing a complaint of improper care with the appropriate agency. All animals impounded pursuant to such warrant or any other order of the court shall be:
(1)
Placed in the care or custody of a veterinarian, or the authority ; or
(2)
If it is determined by a veterinarian acting for the authority that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the authority to be humanely disposed of as the authority deems appropriate.
The owner or custodian of an animal impounded pursuant to this section shall be liable for the reasonable cost of the care and maintenance of the animal as set by the council pursuant to section 6-50, during the period of impoundment. Such costs shall be a lien upon the animal; and the authority may refuse to release such animal at the end of the legal proceedings until such costs have been paid.
If a person is adjudicated guilty of the crime of animal neglect, animal abuse or animal fighting and the court having jurisdiction is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, its disposition shall be determined by the court.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-46. - Impoundment and disposal of abandoned, neglected, cruelly treated animals.
Any animal found abandoned, neglected, cruelly treated or in such a condition as to constitute a direct and immediate threat to its life, safety or health may be impounded immediately by the authority for a period of 72 hours. If it is determined by a veterinarian acting for the authority that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the authority to be humanely disposed of as the authority deems appropriate. The court may order the impoundment of such animal beyond such 72-hour period if the animal is in such a condition as to constitute a direct and immediate threat to its life, safety or health or as the court otherwise deems appropriate for the health and safety of the public. Any person who owns, keeps, harbors, maintains, or controls any animal involved in such impoundment shall pay all expenses, including shelter, food, veterinary expenses, boarding, or other expenses, necessitated by the impoundment of the animal for the protection of the public and other expenses as may be required. The authority may require such person to pay, prior to the expiration of ten days after the date of impoundment, an amount sufficient to pay all reasonable expenses incurred in caring and providing for the animal, including estimated medical care, for 30 days, inclusive of the date on which the animal was impounded. If such payment is not made prior to expiration of this ten-day period, the animal shall become the property of the authority to be disposed of as the authority deems appropriate. Such payment will be required for each succeeding 30-day period. If any such payment is not made prior to the end of each succeeding 30-day period, the animal shall become the property of the authority to be disposed of as the authority deems appropriate. The amount of the payment shall be determined by the authority based on the current rate for board at the animal shelter and the condition of the animal after examination of the animal by a veterinarian acting for the authority. Any such payment received by the authority in excess of the amount determined by the authority to be due for the board and care of the animal shall be refunded by the authority upon expiration of the order of impoundment. Notwithstanding the foregoing, if the owner or custodian is found not guilty of animal neglect or cruelty, the owner or custodian shall only be required to pay the veterinary expenses and one-half of the board and care fees determined by the authority to be due.
Notwithstanding the foregoing, if it is determined by a veterinarian acting for the authority that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the authority to be humanely disposed of as the authority deems appropriate.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-47. - Animals impounded for reasons beyond the control of the owner.
Animals impounded for reasons beyond the control of the owner, including, but not limited to, house fire, death of the owner, arrest of the owner, or victim of crime, will be held for 72 hours during which time the authority shall make reasonable efforts to contact the owner and/or his representative. After 72 hours of impoundment, the animals will become the property of the authority.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-48. - Reclaiming an animal.
A person may reclaim an animal in the custody of the authority upon providing the following:
(a)
Proof of ownership, and
(b)
Payment of impoundment and board fees and any other service/medical fees, as approved by the authority.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-49. - Unclaimed animals become the property of the animal control authority.
The authority shall hold any stray or at large animal for 72 hours from time of impoundment. If such animal remains unclaimed at the end of the 72-hour period then the animal becomes the property of the authority.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-50. - Fees.
The following fees shall be charged for the impoundment of any animal under the provisions of this article:
Altered animals:
(a)
First redemption .....$ 35.00
(b)
Second redemption .....70.00
Within 24 months of the first redemption
(c)
Third redemption .....140.00
Within 24 months of the first redemption
(d)
Subsequent redemptions .....+$50.00
Unaltered animals:
(a)
First redemption .....$ 100.00
(b)
Second redemption .....300.00
Within 24 months of the first redemption
(c)
Third or any subsequent redemption .....600.00
Within 24 months of the first redemption
Provided, that if proof of sterilization and microchipping is presented to the animal control authority within 90 days of the date of redemption of an unaltered animal, the fee will be reimbursed as follows:
(a)
First redemption .....$ 65.00
(b)
Second redemption .....230.00
(c)
Third redemption .....460.00
Whenever any animal is impounded, an additional fee shall be charged for each day, or fraction thereof, of impoundment for feeding and caring for such animal. Such additional fee shall be pursuant to a schedule of fees provided by the animal control authority and approved by the chief of police.
Provided, that if at the time of impoundment, the owner holds a valid breeders permit, the charge shall be the same as an altered animal.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38257, § 2, 9-30-08; Ord. No. 38867, § 1, 11-2-10)
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Sec. 6-51. - Return of licensed and vaccinated dog, cat or mini-pig to owner.
The authority may return any currently licensed dog, cat or mini-pig to the owner thereof if the owner may be immediately ascertained and found and if it is the first offense during the current licensing year; provided that owner shall sign a receipt for said animal and that such animal is currently vaccinated against rabies, or otherwise properly vaccinated as required by this chapter.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-52. - Return of unlicensed and unvaccinated dog, cat or mini-pig to owner.
Any unvaccinated dog, cat or mini-pig may be reclaimed by its owner during the period of impoundment by payment of prescribed shelter fees and by complying with the licensing and rabies vaccination requirement or other vaccination requirement of this chapter within 72 hours of release.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-53. - Reports.
The authority shall file such reports of activities under the provisions of this article, under oath, as required by the city.
(Ord. No. 36463, § 2, 12-16-03)
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Secs. 6-54—6-70. - Reserved.
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ARTICLE IV. - GENERAL
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Sec. 6-71. - Female animals in season.
No person owning, keeping or harboring a female animal in season shall house such animal in a way which results in attracting other animals to linger about the premises and cause a nuisance.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-72. - Cruelty to animals.
(1)
Physical abuse. It shall be unlawful for any person to willfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club, or other object; mutilate, burn, or scald with any substance, or otherwise cruelly set upon any animal, except that reasonable force may be employed to drive off vicious or trespassing animals.
(2)
Physical mistreatment. It shall be unlawful for any person to knowingly, intentionally, or negligently cause or allow any animal to endure unreasonable or unjustifiable pain, suffering, or injury. Physical mistreatment shall include the intentional tripping or causing to fall by its legs, or lassoing or roping the legs of, any equine by any means for the purpose of entertainment, sport, practice, or contest and the intentional tripping of any bovine by its tail, causing any bovine to fall by its tail, or dragging any bovine by its tail for the purpose of entertainment, sport, practice, or contest.
(3)
Care and maintenance. It shall be unlawful for any person keeping or harboring any animal to fail, refuse, or neglect to provide such animal with proper food, drink, shade, shelter, physical maintenance and veterinary care. Proper food, drink, shade, shelter, physical maintenance and veterinary care shall require:
(a)
That each animal shall at suitable intervals and at least once every 24 hours, receive a quantity of wholesome foodstuff suitable for the species' physical condition and age, sufficient to maintain an adequate level of nutrition for the animal;
(b)
That each animal shall have available at all times an adequate supply of clean, fresh, potable water. If water pans or dishes are used, such pans or dishes shall have weighted bottoms or be mounted or secured in a manner that prevents tipping;
(c)
That each animal shall have convenient access to shelter throughout the year. Any shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and shall be of sufficient size to permit the animal to enter, stand, turn around, and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, excessive ammonia levels, or which does not provide adequate ventilation or drainage, shall not comply with this section. The shelter and any space accessible to the animal and all bedding for the animal shall be maintained in a manner which keeps the animal reasonably clean, dry, comfortable, and at an appropriate temperature and minimizes the risk of the animal contracting disease, being injured or becoming infested with parasites;
(d)
That each animal shall receive care and medical treatment for debilitating injuries, parasites, and disease, sufficient to maintain the animal in good health and to minimize suffering;
(e)
That no animals shall be hitched, tied or fastened by any rope, chain or cord that is directly attached to the animal's neck. Animals that must be tied, hitched or fastened to restrain them must wear a properly fitted collar or harness, not of the choker type, provided that the proper use of choker collars in the training of animals shall not be prohibited.
(f)
That any enclosure in which an animal is kept shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition. When a dog is confined outside a residence, the following minimum space requirements shall be used:
(4)
Leaving animals in unattended vehicle. It shall be unlawful for any person to place or confine or allow such animal to be confined in such a manner that it must remain in a motor vehicle or trailer under such conditions or for such periods of time as may endanger the health or well-being of the animal due to heat, lack of food or water, or any circumstances which may cause suffering, disability, or death.
(5)
Abandonment of animals. It shall be unlawful for any person to abandon any animal within the city. Abandonment shall mean leaving an animal for a period in excess of 24 hours without appropriate provisions having been made for the feeding, watering, and care of such animal. If an animal is restrained or confined out of doors without food, water, or proper care, the animal control authority may enter upon any such property where the animal is restrained or confined and supply it with the necessary food, water and care so long as it remains there.
(6)
Owner's cost. Any person or persons violating this section shall bear full cost and expenses incurred by the animal control authority in the care, medical treatment, impoundment cost, and disposal of said animals.
In addition to the sanctions which may be imposed by law, any person who is found in violation of this section shall pay a penalty in the sum of $200.00 which shall be paid to the animal control authority and shall be used solely for enforcement activities.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37945, § 1, 12-18-07; Ord. No. 38257, § 3, 9-30-08)
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Sec. 6-73. - Reporting required.
Any animal care professional is required to report any suspected animal abuse/neglect to the authority. Any such person making a report under this ordinance is immune from liability except for false statements of fact made with malicious intent.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37716, § 2, 5-1-07)
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Sec. 6-74. - Public nuisances.
It shall be unlawful for any person owning, keeping or harboring an animal or allowing such animal to be under his charge or control to do any of the following:
(a)
Permit an animal to defecate on any privately owned or occupied property other than that of the owner or the person having control of the animal without immediately cleaning or removing the excrement;
(b)
Permit an animal to defecate on public property, including designated off leash dog parks, without immediately cleaning or removing the excrement;
(c)
Permit an animal to unreasonably obstruct the use and enjoyment of property held by others in the community by allowing such animal to habitually bark, howl, yelp, bay or make other noise which by loudness or frequency causes a breach of the peace; provided, however, this section shall not apply to the animal shelter, veterinarians, and medical laboratories;
(d)
Permit unsanitary conditions to exist on any premises where an animal is kept which would cause foul or obnoxious odors, attract flies or vermin or otherwise threaten the public health and safety;
(e)
Permit an animal to engage in menacing behavior including but not limited to the chasing of vehicles or the molesting, or frightening of passersby or neighbors.
An animal control officer may abate any of the above nuisances, either through issuance of a citation or impounding the animal, if no owner or agent can be found at the time of the nuisance.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37945, § 2, 12-18-07)
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Sec. 6-75. - Custody and disposal of dead animals.
It shall be unlawful for a person to allow the body, or parts thereof, of any dead animal to be kept, held, or disposed of in violation of this section.
(1)
No person who operates a slaughterhouse, butcher shop or other such place in the city shall permit any parts of offal of dead animals that are not fit and intended for use as food to accumulate or be kept on such premises for over 24 hours after being received, or after the death of such animal;
(2)
No person shall slaughter an animal unless the person is regularly engaged in the commercial business of killing and disposing of such animals, for use as food or otherwise, without a permit by the Douglas County Health Department.
(3)
No person shall keep, skin, dismember, dissect, cut up, or dispose of anywhere in the city, a dead animal or parts thereof, in any manner that creates offensive odors or sights and constitutes a public nuisance which affects health and comfort in any respect.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-76. - Interference with another person's animal.
It shall be unlawful for any person to, in any manner, tease, disturb, or molest an animal that is confined. Confine shall mean restrain, tethered, housed or secured by any barrier.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-77. - Unlawful release of animal.
Any person who shall take or drive any animal from any enclosure, lot or tract of ground or from any stable or building, without the permission of the owner of said animal, or with the intent of depriving the owner of said animal of ownership of the animals, shall be deemed guilty of a misdemeanor.
(Ord. No. 36463, § 2, 12-16-03)
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Sec 6-78. - Trapping.
(1)
It shall be unlawful for any person to use, place, set or cause to be set within the city or upon lands owned by the city any traps except cage-type live traps and used for the control of nuisance animals. This prohibition shall not apply to any trap specifically designed to kill rats, mice, gophers or moles so long as the owner of the property is aware of the location where the trap(s) are set and monitors said trap(s) at least once every 24 hours.
(2)
Traps discovered by the authority to have been unlawfully set in the city may be seized and used as prima facie evidence that a violation has been committed. Upon conviction, said trap(s) shall be forfeited to and disposed of by the authority.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-79. - Poisonous bait.
No person shall set any type of poisonous substance or bait within the city limits that is deemed harmful to any pet animal or livestock animal; where such animal may access the poisonous substance, provided, however, that controlled programs under the direction of the Douglas County Health Department or a licensed extermination service may be excluded.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-80. - Sale or display of animals.
(1)
No person shall sell, rent, give away, or distribute any live chicks, duckling, goslings, poultry, or any other young of the poultry family to be used as pets or novelties.
(2)
No person or dealer shall display, sell, offer for sale, rent or otherwise utilize or distribute dyed, colored, or in any way artificially treated animals.
(3)
It shall be unlawful for any person to sell, or display with the intent to sell, or offer for sale, auction, or barter, give away, or otherwise dispose of or exchange any pet animal in or upon any street, sidewalk, public building, public park, or other public place. Nothing in this section shall be construed to prohibit the sale, display, or adoption of animals and fowl by humane societies, animal control authorities, animal rescues and licensed facilities such as veterinary clinics and pet shops.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 36690, § 2, 7-13-04)
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Sec. 6-81. - Nondomestic animals prohibited.
It shall be unlawful for any person to own or have under his care, custody or control any nondomestic animal.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-82. - Same—Exceptions.
The provisions of this article shall not apply to:
(1)
The keeping or confinement of nondomestic animals by a city, state or municipally owned zoo or wildlife refuge, or federal or state licensed nonprofit privately owned or operated zoo, race track, or authority or authorized educational institution.
(2)
The sale, offer for sale, transfer or gift of any nondomestic animal to any state or municipally owned zoo or wildlife refuge, or federal or state licensed nonprofit privately owned or operated zoo, race track or authority or authorized educational institution.
(3)
The importing of a nondomestic animal into this city by or for the purpose of being kept by a city, state or municipally owned zoo or wildlife refuge, or federal or state licensed nonprofit privately owned or operated zoo, race track or authority or authorized educational institution.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-83. - Same—Permit.
Any person who keeps, confines, sells, offers for sale, transfers, gives or imports any nondomestic animal into this city pursuant to federal or state permit or license shall have a duty upon such import to inform the authority of such permit or license, and after inspection and approval by the authority may be granted a city permit by the authority or properly authorized agent for a 30-day period. Renewal of such permit must be made for each succeeding 30-day period thereafter.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-84. - Establishment of additional regulations.
The authority shall establish standards and issue such rules and regulations as are necessary to carry out the purposes of this chapter.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-85. - Animal fights prohibited.
(1)
It shall be unlawful for any person to knowingly:
(a)
Promote, engage in, or be employed at dogfighting, cockfighting, bearbaiting, or pitting an animal against another; or
(b)
Receive money for the admission of another person to a place kept for such purpose; or
(c)
Own, use, train, sell, or possess an animal for such purpose; or
(d)
Permit any act as described in (a), (b) or (c) above to occur on any premises owned or controlled by him or her.
(2)
It shall be unlawful for any person to knowingly and willingly be present at and witness, as a spectator, dogfighting, cockfighting, bearbaiting, or the pitting of an animal against another as prohibited in subsection (1) of this section.
(3)
Any animal, equipment, device or other property involved in any violation of this section shall be subject to seizure.
Confiscation and disposal of any animal, equipment, device or other property involved, except real estate, shall be ordered by the court as part of the judgment of conviction of any person found guilty under this section.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-86. - Animals in vehicles.
No person driving a motor vehicle shall transport any animal in the back of the vehicle in a space intended for any load, including, but not limited to, the cargo bed of a truck or the trunk of an automobile, except an animal may be transported in the cargo bed of a truck if the space is enclosed, or the vehicle has installed means of preventing the animal from being discharged, or the animal is cross tethered to the vehicle, or is protected by a secured container or cage, in a manner which will prevent the animal from being thrown, falling, or jumping from the vehicle. This section shall not apply to the transportation of livestock.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-87. - Reckless owner.
Upon any owner or co-owner from the same household having been convicted of one or more violations of this chapter on three separate occasions within a 24-month period, or whose animal has been determined to be dangerous or potentially dangerous and who has not complied with the subsequent requirements of this chapter, or any person convicted of violating section 6-206, the animal control authority shall initiate administrative proceedings to declare the owner a reckless owner upon which all pet licenses in the household shall be revoked. Such proceedings shall be instituted by the mailing or personal service of a written notice, to the owner's last known address. The notice shall contain:
(a)
The name and address of the owner who is subject to such declaration and revocation;
(b)
The names, descriptions and license numbers of any pet animals licensed to the owner;
(c)
A description of the violations or requirements which form the basis of such declaration and revocation, including the case numbers, if any;
(d)
A summary of the effects of such declaration, including revocation of all pet licenses and surrender of all pet animals;
(e)
The date of proposed entry of the declaration and revocation order which shall be not less than ten days after the date of mailing or personal service of the notice; and
(f)
Notification of the availability of an appeal, if the owner objects to such declaration and revocation, within ten days of the date of mailing or personal service of the notice.
Upon entry of such declaration and revocation order, unless an appeal of such order is filed with the animal control authority in accordance with this section, such reckless owner shall be required to surrender all pet animals to the animal control authority within 24 hours. Failure to surrender such pet animals is a criminal violation of this act that shall result in prosecution as well as immediate impoundment by the animal control authority in accordance with section 6-41. Such surrendered or impounded pet animals shall immediately become the property of the animal control authority and be disposed of as deemed appropriate.
An appeal of such declaration and revocation order shall be heard by a hearing officer designated by the animal control authority and shall provide an opportunity for the owner to appear and offer evidence to dispute the declaration and revocation order within ten business days. The filing fee for each appeal shall be $100.00. A determination to affirm or reverse such order shall be entered by the hearing officer within ten days of the date of the hearing.
It shall be unlawful for a reckless owner to fail to surrender all pet animals within 24 hours or to subsequently own, possess, or have control over any animal for a period of 48 months from the date of entry of the declaration and revocation order.
(Ord. No. 38257, § 15, 9-30-08; Ord. No. 39705, § 1, 6-18-13; Ord. No. 41576, § 1, 9-18-18)
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Secs. 6-88—6-100. - Reserved.
-
ARTICLE V. - LICENSE; DOGS AND CATS
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Sec. 6-101. - Applicability of article.
The provisions of this article shall be applicable and controlling within the corporate limits of the city and in the area within three miles of the corporate limits thereof.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-102. - Exemptions from article.
The provisions of this article shall not apply to (1) any dog or cat belonging to any person on a sojourn through this city or for bench or show purposes in the city, or other temporary purposes or (2) any foster pet animal.
Owners of dogs or cats which have been sent to licensed kennels or catteries in the county for breeding purposes shall not be required to furnish a health and immunization certificate.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 36690, § 3, 7-13-04)
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Sec. 6-103. - Required—Generally.
It shall be unlawful for any person to own, keep or harbor any dog or cat within the city unless such dog or cat has been licensed by the authority as required by the provisions of this article; provided, however, that this section shall not apply to any dog or cat which has not reached the age of 16 weeks or to holders of feral cat colony caretaker permits for cats that are part of the colony for which such holder has such a permit.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37716, § 3, 5-1-07)
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Sec. 6-104. - Date for obtaining license.
Licenses required by the provisions of this article shall be procured on or before March 15 of each year.
(a)
If a dog or cat is acquired by an owner, such license shall be acquired within 30 days after date of acquisition of such animal.
(b)
If the owner becomes a resident of the city after March 15, he or she shall acquire such license within 30 days after he or she establishes residency in the city.
(c)
If a dog is determined to be a dangerous or potentially dangerous animal, the owner shall acquire a dangerous or potentially dangerous animal license for such animal within 30 days of such determination.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38257, § 4, 9-30-08)
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Sec. 6-105. - Fees—Generally.
The annual fee for a license required by the provisions of this article shall be a sum according to the following schedule:
(a)
Each neutered male or spayed female dog .....$26.00.
The fee will increase to $27.25 on January 1, 2024 and increase to $28.25 on January 1, 2026.
(b)
Each sterilized cat .....13.00.
The fee will increase to $14.25 on January 1, 2024 and increase to $15.25 on January 1, 2026.
(c)
Each intact male or female dog/cat .....51.00.
The fee will increase to $52.25 on January 1, 2024 and increase to $53.25 on January 1, 2026.
(d)
Each animal determined to be dangerous or potentially dangerous .....100.00
Handling fee applies to all licenses .....5.00
Proof of sterilization and current rabies vaccination must accompany all license applications. Where written application is made to the authority's designees, such designees may charge a handling fee, not to exceed $5.00 per license.
Provided, however, that such fees shall not apply to a blind owner, keeper or harborer of any dog or to the hearing-impaired owner, keeper or harborer of a hearing-aid dog or other service dog.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37716, § 4, 5-1-07; Ord. No. 38257, § 5, 9-30-08; Ord. No. 40909, § 1, 10-25-16; Ord. No. 43655, § 1, 1-9-24)
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Sec. 6-106. - Late charge and penalty.
If payment for a license is made by mail, it must be postmarked on or before March 15. In the event an owner fails to voluntarily acquire a license by March 15, the fee for the license, until March 31, shall be twice the license fee. In the event an owner fails to voluntarily acquire a license by March 31, he or she shall pay a charge of $50.00 per animal in addition to the fees required by this division. The total late fees shall be capped at $100.00 per household. The authority may, in its discretion, declare an amnesty period for such late charges.
Any person who is found in violation of section 6-104 shall pay a penalty in the sum of $200.00 which shall be paid to the animal control authority and shall be used solely for enforcement activities.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37945, § 3, 12-18-07; Ord. No. 38257, § 6, 9-30-08)
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Sec. 6-107. - Issuance; tag.
(1)
Upon payment of the required fees, the authority shall issue a numbered receipt and tag as necessary to the owner for the dog or cat licensed.
(2)
Such license receipt shall contain the owner's name and address and such description of the dog or cat as may be required for purposes of identification, and the number of the tag issued therefor.
(3)
Such tag shall be in such form and description as the authority shall determine from time to time.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-108. - Separate license required for each dog and cat.
A separate license or tag is required under the provisions of this article for each dog or cat owned, kept or harbored by any person.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-109. - Identification required.
Upon receiving a tag under the provisions of this article, it shall be the duty of the owner or other person keeping a dog or cat to ensure that the dog or cat bears such tag attached to a durable collar or harness worn at all times. Alternatively and in lieu of the above, the owner or other person keeping a cat or dog may have the cat or dog implanted with a microchip identification at his expense, provided, that the owner or person keeping an animal determined to be dangerous or potentially dangerous which has been microchipped shall ensure that the animal bears such tag at all times. Any person implanting a microchip identification shall timely provide the microchip identification number to the animal control authority.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 36690, § 4, 7-13-04; Ord. No. 38257, § 7, 9-30-08)
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Sec. 6-110. - Records.
The authority shall keep a record of the name and address of each owner obtaining a license under the provisions of this article and the number of the license and tag issued.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-111. - Expiration.
Licenses issued under the provisions of this article shall be valid until March 15 of the following year.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-112. - Misuse of tag.
No owner shall permit or allow his/her dog or cat to wear any license, tag or microchip as provided by section 6-109 other than the one issued for such dog or cat and for the period of the license year.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-113. - Removal of tag.
It shall be unlawful for any person to remove or cause to be removed the collar, tag or microchip identification from any licensed dog or cat without the consent of the owner, keeper, or harborer thereof.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-114. - Duplicate tags.
In the event that a license tag issued under the provisions of this division shall be lost, the owner may obtain a duplicate tag upon proof of issuance and payment of $10.00.
(Ord. No. 36463, § 2, 12-16-03)
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Secs. 6-115—6-125. - Reserved.
-
ARTICLE VI. - KENNEL/CATTERY
-
Sec. 6-126. - Kennel or cattery fees.
The fee for a kennel or cattery license shall be $100.00 per year and shall be paid at the time of making application therefor. No kennel or cattery shall be maintained nor shall a license be issued to a kennel or cattery that creates a nuisance in the immediate neighborhood through noise, odor or unsanitary conditions.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-127. - Same—Kennel or cattery.
Every person who conducts activity classified as a kennel or cattery shall obtain an annual license to do so from the permits and inspections division.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37682, § 2, 4-3-07)
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Sec. 6-128. - Application—Generally; kennel or cattery.
Written application for a license required by the provisions of this article shall be made to the permits and inspections division, or to such agents, or their designees, as are provided in section 6-2 of this Code, and shall state:
(a)
The name and address of the owner of each dog or cat;
(b)
The breed, color, age and sex of each dog or cat;
(c)
Whether such dog or cat is neutered, spayed or intact; and
(d)
Such other information as may identify each dog or cat.
The applicant shall certify to the information contained in such application under penalty of law for the willful making of any untrue statement. Such written application for license shall be accompanied by proof of current rabies vaccination for each dog or cat over the age of four months.
Where such application is made to the authority's designees, such designees may charge a handling fee, not to exceed $5.00 per license.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-129. - Certificate of compliance for kennels or cattery.
To enable the owner of any kennel or cattery to have the same licensed under the provisions of this article, such owner shall present to the permits and inspections division a certificate stating compliance with all laws and regulations to kennels or catteries from the city planning department, the county health department and the authority.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-130. - Inspections of kennel or cattery.
Animal sales, purchase, and treatment records shall be maintained on the kennel or cattery premises for a period of not less than 12 months. Such records and the premises shall be open for inspection by duly authorized agents of the authority during reasonable hours.
(Ord. No. 36463, § 2, 12-16-03)
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Secs. 6-131—6-140. - Reserved.
-
ARTICLE VII. - DOGS/CATS
-
Sec. 6-141. - Exceptions.
Notwithstanding any other provision herein, the provisions of this article shall not be deemed to apply to, or in any way to interfere with, the ordinary conduct and operation of veterinary clinics, biological laboratories or pet shows, when conducted within the city.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-142. - Number restricted.
(1)
It shall be unlawful to own, keep or harbor at any time more than three dogs and/or five cats over the age of four months per residential or dwelling unit in the city; provided, however, this section shall not apply to kennels and catteries, or holders of pet animal avocation permit.
(2)
The number of animals authorized in section 6-144 shall not be in addition to the total number of animals specified under this section.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-143. - Breeders permit.
(1)
A breeders permit shall be obtained by:
(a)
Any person who intentionally or accidentally causes or allows the breeding of a cat or dog and;
(b)
Any person who offers for sale, sells, trades, receives other compensation or gives away one or more dogs or cats from a litter of dogs or cats, produced by a female owned by him or her, except a litter of dogs or cats taken to the authority;
(2)
Such person shall:
(a)
Furnish the authority with information on the birth of each litter of dogs or cats as may be required by the authority, to register that litter of dogs or cats with the authority, and to be assigned a litter number for each litter;
(b)
Register with the authority the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five days after the date of such sale or transfer;
(c)
Transmit to the new owner or buyer the litter number of the animal acquired, and the breeder's permit number in order that the new owner has assurance and proof that the animal was legally bred;
(d)
Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the authority) against common disease; in the case of dogs, against distemper and parvo, and in the case of cats, against distemper and panleukopenia;
(e)
Not offer a dog or cat under the age of eight weeks for sale, trade, and other compensation or for free giveaway (except a dog or cat or litters of them taken to the authority); and
(f)
In all advertisements for a litter of dogs or cats, provide the litter number assigned by the authority in the text of such advertisement.
(3)
Any such person is required to obtain an annual breeders permit from the authority and pay a permit fee of $100.00. Such permit must be obtained prior to the disposition of any dogs or cats. A late fee of $25.00 shall be charged if obtained after disposition. No permit required should the female and dogs or cats be taken to the authority.
(4)
Should the breeder chose to have the female animal spayed within three months of the birth of the litter and supply proof to the authority, the $100.00 permit fee shall be reimbursed.
(5)
Such breeders permit is in addition to any other permits required by this chapter.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 36690, § 5, 7-13-04)
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Sec. 6-144. - Pet animal avocation permit.
(1)
Permit required. A permit is required for any person who shall own, keep, harbor or maintain four or more dogs but no more than five dogs total and/or six or more cats but no more than eight total dogs and cats four months of age or older on the lot on which he or she resides or on a contiguous lot, which lot or lots are not zoned for business.
(2)
Application for permit; issuance; fee: Any person desiring a pet animal avocation permit shall file an application with the authority for issuance of the permit. The authority shall inspect for and consider the applicant's compliance with this chapter in determining whether to issue the permit. An initial inspection fee of $100.00 shall be paid at the time of application. In addition, a permit fee of $50.00 shall be paid by the applicant annually on the anniversary of the issuance date of the permit. The initial inspection fee required under this subparagraph (2) is waived for animal rescues, provided such are otherwise in compliance with this chapter.
(3)
License required. All animals owned, kept, possessed or harbored under a pet animal avocation permit must be licensed as required by section 6-103, except as provided in section 6-102. Proof of individual license on each pet animal must be provided at the time of inspection.
(4)
Vaccination required. All animals owned, kept, possessed or harbored under a pet animal avocation permit must be vaccinated against rabies as required by section 6-201. Proof of individual rabies vaccination on each pet animal must be provided at the time of inspection.
(5)
Duration; renewal of permit; revocation. Such permit shall allow the applicant to pursue the avocation for a period of one year unless said permit is revoked. Being found guilty, in a court of law, of any violation of this chapter, may constitute sufficient cause for revocation of such permit. Failure to permit inspection pursuant to subsection (6) of this section shall be grounds for immediate revocation of this permit. Such permit shall be renewed annually.
(6)
Maintenance and inspection of premises and animals. A vocational premises shall be maintained in a clean and safe condition at all times. Sanitary methods shall be used to prevent or abate any offensive odors. The authority shall have the right to inspect such premises and the animals therein at reasonable hours to ascertain that the premises are kept in the aforementioned conditions and meet the following operational standards and such other standards as promulgated by the authority.
(a)
Each animal shall at suitable intervals and at least once every 24 hours, receive a quantity of wholesome foodstuff suitable for the species' physical condition and age, sufficient to maintain an adequate level of nutrition for the animal;
(b)
Each animal shall have available at all times an adequate supply of clean, fresh, potable water. If water pans or dishes are used, such pans or dishes shall have weighted bottoms or be mounted or secured in a manner that prevents tipping;
(c)
Indoor housing shall provide for adequate ventilation, lighting, temperature control, and construction so as to provide for the safety and comfort of the animals;
(d)
Each animal shall receive care and medical treatment for debilitating injuries, parasites, and disease, sufficient to maintain the animal in good health and to minimize suffering;
(e)
Animals maintained pursuant to a vocational permit shall be predominantly maintained indoors. Premises where a vocational permit includes dogs shall provide a fenced enclosure sufficient to contain any dogs while outside.
(f)
All areas of the premises inspected for a vocational permit shall be made open and available for inspection by the authority.
(7)
Non-commercial catteries. Any person possessing a valid non-commercial cattery permit at the time of enactment of this section, without lapse in such cattery permit, must reduce the total number of cats owned, kept, possessed or harbored on or before December 31, 2017 so as to meet the eight animal limit.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 36690, § 6, 7-13-04)
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Sec. 6-145. - Unlawful use of a dog or cat.
It shall be unlawful for a person to make use of a dog or cat in the commission or furtherance of any criminal act in the city.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-146. - Running at large—Dog.
It shall be unlawful for any person to allow or permit any dog which is owned, kept, possessed or harbored by him or her to run or be at large in or upon the private premises of others or upon the streets, highways and other public places of the city, unless as a participant in an organized dog event approved by the authority or while contained in an authorized fenced off leash dog area as designated by the city provided that no dog which has been deemed a dangerous animal may run or be at large at such an organized dog event or in such an authorized off leash area. The authority and the city shall not be held liable for claims arising from such approved events.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-147. - Restraint—Dog.
It shall be unlawful for the owner of any dog within the city to fail to keep his dog securely restrained or otherwise confined in or upon his premises in an enclosure sufficient to contain the dog.
Each animal shall be separately tethered. That no animal shall be tethered outdoors in excess of 15 minutes at any one time unless an owner, custodian or person responsible for the animal, 19 years of age or older, is present in the same yard in which the animal is tethered. The tether shall be at least five times the length of the animal's body as measured from the tip of the nose to the base of the tail, terminates at each end with a swivel, weighs no more than one-eighth of the animal's weight, is free of tangles, prevents strangulation or injury and prevents the animal from being within 15 feet from the edge of any public street or sidewalk. Provided, that if the tethering method is a trolley system, at least 15 feet in length and less than seven feet above ground, and meets the foregoing tether requirements, the animal may be tethered outdoors for up to one hour with an owner, custodian or person responsible for the animal, 19 years of age or older, is in the same yard in which the animal is tethered.
In addition to the sanctions which may be imposed by law, any person who fails to keep his dog securely restrained or otherwise confined as required by this section shall pay the following penalties:
(a)
For the first violation, a penalty in the sum of $100.00.
(b)
For the second violation within 24 months of the first violation, a penalty in the sum of $250.00.
(c)
For the third violation within 24 months of the first violation, and each subsequent violation thereafter, a penalty in the sum of $500.00.
Such penalties shall be paid to the animal control authority and shall be used solely for enforcement activities.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38257, § 8, 9-30-08)
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Sec. 6-148. - Dogs or cats damaging property of others.
It shall be unlawful for the owner of a dog or cat to allow or permit his dog or cat to damage the property of others or to cause bodily injury. If the owner is adjudged guilty of a violation of this section, the court may, in addition to the penalty provided for the violation of this Code, order such disposition or destruction of the offending dog/cat as may seem reasonable and proper.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-149. - Dangerous and potentially dangerous animals generally.
(1)
No person shall own, keep or harbor, or allow to be in or upon any premises occupied by him, or under his charge or control, any dangerous animal or potentially dangerous animal without complying with the requirements of this chapter regarding dangerous or potentially dangerous animals.
(2)
A dangerous animal is defined as one who meets one or more of the following conditions:
(a)
Any animal which attacks, snaps at, bites or has a history of attacking a human being or other domestic animal one or more times, without provocation.
(b)
Any animal engaging in or found to have been trained to engage in exhibitions of fighting.
(c)
Any animal previously declared a potentially dangerous animal that bites a human being without provocation.
(3)
A potentially dangerous animal is defined as one who meets one or more of the following conditions:
(a)
Any animal that when unprovoked: (i) inflicts an injury on a human being, (ii) injures a domestic animal, or (iii) chases or approaches a person, either on public or private property, in a menacing fashion or apparent attitude of attack; or
(b)
Any specific animal with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.
(4)
No animal may be declared dangerous or potentially dangerous that inflicts injury or damage on a person committing a willful trespass or other tort upon premises occupied by the owner or lessee of the animal, or committing or attempting to commit a crime. No animal may be declared dangerous or potentially dangerous for taking any action to defend or protect a human being within the immediate vicinity of the animal from an unjustified attack or assault. No animal used in connection with lawful activities of law enforcement officials shall be declared a dangerous or potentially dangerous animal.
The court may, in addition to any other fine or judgment, order the animal control authority to forthwith put the animal to death by removing the same to the animal shelter for such purpose. Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the animal, boarding and veterinary expenses necessitated by the seizure of any animal for the protection of the public and such other expenses as may be required for the destruction of any such animal.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38257, § 9, 9-30-08; Ord. No. 41577, § 1, 9-18-18)
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Sec. 6-150. - Judicially excluded animals.
It shall be unlawful for any person to bring any animal into the city, which has, in another jurisdiction been judicially or administratively determined to be a dangerous, potentially dangerous, vicious, a nuisance, or a threat to the health or safety of human beings.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 41972, § 1, 9-24-19)
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Sec. 6-151. - Impoundment of certain animals during enforcement proceedings.
If there is reasonable cause shown that the offending animal under section 6-148 or 6-149 may constitute a hazard to the safety of the public at large during the pendency of any action commenced thereunder, the court may order such animal or animals impounded pending the outcome of such proceedings. Any person who owns, keeps, harbors, maintains, or controls any animal involved in such impoundment shall pay all expenses, including shelter, food, veterinary expenses, boarding, or other expenses, necessitated by the impoundment of the animal for the protection of the public and other expenses as may be required. The authority may require such person to pay, prior to expiration of ten days after the date of impoundment, an amount sufficient to pay all reasonable expenses incurred in caring and providing for the animal, including estimated medical care, for 30 days, inclusive of the date on which the animal was impounded. If such payment is not made prior to expiration of this ten-day period, the animal shall become the property of the authority to be disposed of as the authority deems appropriate. Such payment shall be required for each succeeding 30-day period. If any such payment is not made prior to the end of each succeeding 30-day period, the animal shall become the property of the authority to be disposed of as the authority deems appropriate. The amount of the payment shall be determined by the authority based on the current rate for board at the animal shelter and the condition of the animal after examination of the animal by a veterinarian acting for the authority. Any such payment received by the authority in excess of the amount determined by the authority to be due for the board and care of the animal shall be refunded by the authority upon expiration of the order of impoundment. Notwithstanding the foregoing, if the owner or custodian is found not guilty of animal neglect or cruelty, the owner or custodian shall only be required to pay the veterinary expenses and one-half of the board and care fees determined by the authority to be due.
Notwithstanding the foregoing, if it is determined by a veterinarian acting for the authority that such animal is diseased or disabled beyond any useful purpose, the animal shall immediately become the property of the authority to be humanely disposed of as the authority deems appropriate.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-152. - Dangerous or potentially dangerous animals—Spaying or neutering: microchip identification and license required.
Any animal judicially determined to be dangerous or administratively determined to be potentially dangerous shall be spayed or neutered and implanted with microchip identification by a licensed veterinarian at the owner's expense no less than 30 days after such determination is entered with written proof of spaying or neutering and the microchip identification number being provided to the animal control authority within 72 hours of the procedure being completed. In addition such dangerous or potentially dangerous animal shall be required to be licensed as a dangerous or potentially dangerous dog within 30 days of the determination.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38257, § 10, 9-30-08)
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Sec. 6-153. - Same—Classes required.
The owner of any animal judicially determined to be dangerous or administratively determined to be potentially dangerous shall be required to attend, at the owner's expense, within 90 days after such determination is entered, a responsible pet ownership class approved by the animal control authority and, at the discretion and direction of the animal control authority, a dog behavior class provided or approved by the animal control authority.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38257, § 11, 9-30-08)
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Sec. 6-154. - Same—Warning signs required.
Any property wherein a dangerous animal is kept, harbored or confined shall be posted with warning signs visible from all areas of public access.
The warning signs must:
(1)
Be no less than ten inches by 12 inches in size,
(2)
Contain the words "Warning; Dangerous Animal" in high contrast lettering on a black background in English, and
(3)
Lettering must be no less than three inches high.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37716, § 5, 5-1-07)
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Sec. 6-155. - Confinement of dangerous animals.
No person owning, harboring or having the care of a dangerous animal shall permit such animal to go unconfined on the premises of such person. A dangerous animal is unconfined as the term is used in this section if such animal is not:
(a)
Confined indoors; or
(b)
Confined outdoors in an enclosed and locked pen or structure upon the premises of the person described above; provided the existence of such a pen or structure is permitted by zoning regulations. Maintenance of a dangerous animal is not permitted in areas where such structures or pens are not authorized by zoning regulations. If permitted, such pen or structure shall be:
The pen must be constructed with chain link fencing for all four sides and the top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than one foot, or have a concrete pad for the bottom. The pen or structure shall be set back at least ten feet from the nearest property line.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-156. - Dangerous or potentially dangerous animals—leash and harness required.
It shall be unlawful for any person owning, harboring or having the care of a dangerous or potentially dangerous animal to permit such animal to go beyond the property of such person unless the animal is under the control of a person 19 years of age or older and restrained securely by a harness and leash no longer than six feet and properly muzzled to reasonably prevent the animal from biting.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38257, § 12, 9-30-08)
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Sec. 6-157. - Proof of insurance for dangerous animals, potentially dangerous animals and pit bulls.
It shall be unlawful for any person to own, possess, or license any animal designated as a dangerous animal by a court, designated as a potentially dangerous animal by any animal control authority, or any pit bull as defined in section 6-163 without having evidence of a current and effective minimum $100,000.00 public liability insurance policy to be maintained for the period of such designation or throughout the life of the pit bull.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38257, § 13, 9-30-08; Ord. No. 39705, § 2, 6-18-13)
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Sec. 6-158. - Dangerous and potentially dangerous animals—Impoundment.
Any animal that has been determined to be a dangerous animal or a potentially dangerous animal that, without provocation, bites a human being, may be immediately impounded by an animal control officer, if in violation of this chapter. The owner shall be responsible for the reasonable costs incurred for the care of such impounded dangerous animal.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38527, § 14, 9-30-08)
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Sec. 6-159. - Destruction of dangerous animals at large.
In the event that an animal that has been determined to be dangerous as defined in section 6-150 is found at large and unattended upon public property, park property, or a public right-of-way, or upon the property of someone other than its owner, thereby creating a hazard to person or property, such animal may, in the discretion of the chief of police or authorized designee, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-160. - Registry of dangerous animal.
The owner of any animal that has been determined to be dangerous as defined in section 6-150, or previously determined to be dangerous under this chapter shall register such animal with the authority within thirty (30) days of such determination or within thirty (30) days of enactment of this section if previously determined to be dangerous. Such registration shall include the following information:
(a)
The name of the current owner of the animal;
(b)
The address where the animal is harbored;
(c)
A description of the animal, including name, breed, sex, and coloring;
(d)
The current license number for the animal;
(e)
The carrier and policy number for public liability insurance as required in section 6-157;
(f)
Microchip manufacturer and microchip identification number.
At least once per calendar year, the authority shall publish in the local newspaper a list of animals on the above registry, providing the name of the owner, the address where the animal is harbored, and a description of the animal including name and breed.
Any person who has registered an animal pursuant to this section shall have a continuing obligation to provide updated registration information to the authority and shall, within thirty (30) days of the sale or transfer of such animal, provide to the authority the date of such sale or transfer, the name of the new owner, and the address where the animal will be harbored.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-161. - Feral cat colony caretaker permit.
(1)
Purpose of Permit. The purpose of providing for the permitting of feral cat colony caretakers is to decrease the number of feral cats and feral cat colonies through the humane methods of trap, neuter and release (TNR), attrition, and relocation.
(2)
Permit required. A permit is required for any person who cares for, but does not own feral cats that are part of a feral cat colony.
(3)
Application for permit; issuance; fee: Any person over the age of 18 desiring a feral cat colony caretaker permit shall file an application with the authority for issuance of the permit. The authority shall inspect for and consider the applicant's compliance with this chapter in determining whether to issue the permit. Conviction of a violation of this Chapter within the past ten years shall be grounds for denial of a permit. The applicant must present (a) a detailed description of each feral cat in the colony; (b) proof that such feral cats in the colony have been sterilized, ear-tipped, and vaccinated against rabies, or are being actively trapped to perform sterilization, ear-tipping and vaccination; (c) the address of the private property at which the colony is maintained; (d) written proof of permission from the private property owner to maintain the colony at such address; (e) contact information for the applicant; and (f) such other information as may be required by the animal control authority. A permit fee/initial inspection fee of $25.00 shall be paid at the time of application. In addition, a permit/inspection fee of $25.00 shall be paid by the applicant biennially on the anniversary of the issuance date of the permit. The authority shall have the right to inspect the address of the private property at which the colony is maintained at reasonable hours from time to time to ascertain that the premises are suitable for feral cat colony caretaking. No feral cat colony caretaker permit shall be issued for an address located on public property.
(4)
Duration; renewal of permit; revocation. Such feral cat colony caretaker permit shall allow the applicant to maintain the feral cat colony for a period of up to two years unless said permit is revoked. Such permit shall be renewed biennially. The following shall constitute cause for revocation of such permit: (a) conviction, in a court of law, of any violation of this chapter, (b) failure to permit biennial or other inspections of the address at which the feral cat colony is maintained, (c) inability of the caretaker to provide care for the feral cat colony, (d) failure of the caretaker to actively work toward decreasing the number of feral cats within the colony through the humane method of trap, neuter and release (TNR), the continual presence of kittens in the feral cat colony and/or failure to sterilize and relocate adult cats who become members of the colony, or (e) failure of the caretaker to actively work toward the relocation of the feral cat colony. Within 60 days of revocation, the holder of the revoked caretaker permit must relocate the feral cats within the colony to the care of one or more other feral cat colony caretaker permit holders.
(5)
Reclamation from animal control authority. The holder of feral cat colony caretaker permit may reclaim from the animal control authority a feral cat, belonging to the colony for which the permit is issued and which has been described on the permit application, without proof of ownership. The fees specified in sections 6-48 and 6-50 shall not be required for the return of feral cats from a registered colony.
(6)
Colony size. The holder of a feral cat colony caretaker permit may maintain a feral cat colony of:
(a)
no more than 20 adult feral cats at an address in areas zoned residential, provided, that if such colony is composed of more than ten adult feral cats, the permit holder must reduce the number of such cats to ten prior to renewal of the permit; or
(b)
no more than 30 adult feral cats at an address in areas zoned commercial, provided, that if such colony is composed of more than 15 adult feral cats, the permit holder must reduce the number of such cats to 15 prior to renewal of the permit.
(Ord. No. 37716, § 6, 5-1-07)
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Sec. 6-162. - Determination of potentially dangerous animal.
The animal control authority shall initiate administrative proceedings to determine an animal to be a potentially dangerous animal if it meets the definition of potentially dangerous animal under section 6-149, by service of a notice, in writing, upon such animal's owner either by certified and regular mail to the owner's last-known address or personally. The notice shall contain:
(a)
The name and address of the owner whose animal is subject to such determination;
(b)
The name, description and license number of the animal who is subject to such determination;
(c)
A description of the facts which form the basis of such determination;
(d)
A summary of the effects of such determination, including the requirements for sections 6-152, 6-153, 6-156, and 6-157 and state that noncompliance will result in an owner being declared a reckless owner by the animal control authority;
(e)
The date of proposed entry of the determination which shall be not less than ten days after the date of mailing or personal service of the notice; and
(f)
Notification of the availability of an appeal if the owner objects to such determination, within ten days of the date of mailing or personal service of the notice.
An owner whose animal is determined to be a potentially dangerous animal shall be required to comply with section 6-156 immediately, sections 6-152 and 6-157 within 30 days of the date of entry of the determination order, and shall be required to comply with section 6-153 within 90 days of the date of entry of the determination order, unless a notice of appeal of the order is filed with the animal control authority, provided, noncompliance with any of the sections set forth above in this paragraph shall result in the owner being declared a reckless owner by the animal control authority under section 6-87.
An appeal of such determination order shall be heard by a hearing officer designated by the animal control authority within ten days of the date of the filing of the notice of appeal, and shall provide an opportunity for the owner to appear and offer evidence to dispute the determination order. The filing fee for each notice of appeal shall be $100.00. A decision to affirm or reverse such order shall be entered by the hearing officer within ten days of the date of the hearing.
The animal control authority will notify the owner of any potentially dangerous animal that has been involved in no incidents of the type specified in section 6-149(3) during the two years following the date of the determination order, that their dog is no longer declared a potentially dangerous animal.
(Ord. No. 38257, § 16, 9-30-08; Ord. No. 39234, § 1, 2-7-12)
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Sec. 6-163. - Pit bulls—Leash and muzzle required.
It shall be unlawful for any person owning, harboring or having the care of a pit bull to permit such animal to be outdoors unless confined in a securely fenced yard or unless the animal is under the control of a person 19 years of age or older, restrained securely by a harness and leash no longer than six feet and properly muzzled to reasonably prevent the animal from biting, provided that the harness and muzzle requirements apply only to those pit bulls six months of age or older.
For purposes of this section, pit bull shall be defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, Dogo Argentina, Presa Canario, Cane Corso, American Bulldog, or any dog displaying the majority of physical traits of any one or more of the above breeds (more so than any other breed), or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. The A.K.C. and U.K.C. standards for the above breeds are on file in the office of the animal control authority.
Provided that a pit bull which is a participant in an organized dog event approved by the authority shall not be required to be leashed and muzzled while outdoors and being shown or otherwise actively competing in such event.
(Ord. No. 38257, § 17, 9-30-08; Ord. No. 38867, § 2, 11-2-10)
Editor's note— Section 22 of Ord. No. 38257 states that § 17 of the ordinance, entitled "Pit bulls—Leash and muzzle required," and codified herein as § 6-163, shall not be effective until January 1, 2009.
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Sec. 6-164. - Report to council.
The ACA shall submit to the city council on or before October 1, 2010, a report, which shall provide relevant statistical data and an evaluation of the effectiveness of the requirements of section 6-163 entitled "Pit bulls—Leash and muzzle required" in reducing bites and other incidents involving dogs covered by such section. Such report shall be received by resolution of the city council.
(Ord. No. 38257, § 18, 9-30-08)
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Sec. 6-165. - Breed ambassador.
An owner of a pit bull as defined in section 6-163 may obtain a designation of "breed ambassador" for such pit bull from the animal control authority by (a) completing an application form, (b) payment of a fee of $25.00, (c) providing proof of (i) sterilization, (ii) micro-chipping, including microchip number, (iii) insurance in compliance with section 6-157, (iv) vaccination and license in compliance with sections 6-201 and 6-103, and (v) successful completion of a responsible pet ownership class approved by the animal control authority and an American Kennel Club Canine Good Citizenship test administered by the animal control authority, and (d) demonstrating no history of violations of chapter 6 by the owner involving such pit bull. Any expense associated with compliance with (c) shall be borne by the owner.
Such designation shall be in effect for one year and may be renewed annually upon meeting each of the foregoing requirements, except that the responsible pet ownership class shall be required only once in any five-year period, and provided, that conviction of the owner of such a pit bull for a violation of chapter 6 involving such pit bull shall result in termination of the designation effective upon the date of conviction.
The owner of a pit bull which has been designated a "breed ambassador" shall ensure, when such pit bull is not confined in a securely fenced yard, that such pit bull (a) wears a vest provided by the animal control authority, at the owner's expense, with the words "breed ambassador" and the breed ambassador number assigned to such pit bull by the animal control authority affixed on the vest and (b) is under the control of a person 19 years of age or older and is restrained by a leash no longer than six feet and by a harness and a collar joined with a connector attached to the leash in such a way as to provide a redundant restraint system, but such owner shall not be required to comply with the muzzle requirement of section 6-163 for such pit bull.
(Ord. No. 38257, § 19, 9-30-08)
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Secs. 6-166—6-200. - Reserved.
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ARTICLE VIII. - RABIES CONTROL
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Sec. 6-201. - Vaccination—Required.
(a)
Excepting mini-pigs as defined in article XI of this chapter, every animal required to be licensed by this chapter shall be vaccinated against rabies within 30 days after they have reached three months of age, one year after initial vaccination, and thereafter triennially, according to vaccine manufacturers' guidelines. Unvaccinated animals acquired or moved into the state must be vaccinated within 30 days after purchase or arrival, unless under three months of age as specified above.
(b)
An animal is currently vaccinated if the initial rabies vaccine was administered at least 28 days previously or booster vaccinations have been administered in accordance with the manufacturer's guidelines. Regardless of the age of the animal at initial vaccination, a booster vaccination shall be administered one year later. If a previously vaccinated animal is overdue for a booster, it shall be revaccinated.
(c)
An owner or keeper of any animal required to be licensed by this chapter to be vaccinated by a licensed veterinarian is exempt from the requirements of this section if a medical reason exists that precludes the vaccination of the animal. To qualify for this exemption, the owner or keeper must have a written statement signed by a licensed veterinarian that includes a description of the animal and the medical reason that precludes the vaccination.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37945, § 4, 12-18-07)
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Sec. 6-202. - Proof of vaccination required.
Except as otherwise provided in this article, it shall be unlawful for the owner of any dog or cat in the city to fail to provide to an animal control officer or any other authority proof of current vaccination against rabies.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-203. - Same—Exceptions.
(a)
The provisions of section 6-201 shall not apply to any animal owned by a person temporarily remaining within the city for less than 30 days, to any animal brought into the state for field trial, show purposes, or for hunting purposes for a period of less than 30 days. Such animals shall be kept under strict supervision of the owner. It shall be unlawful to bring any animal into the state which does not comply with the animal health laws and import regulations of the state which are applicable to animals.
(b)
Animals assigned to a research institution or a similar facility shall be exempt from the provisions of this article.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-204. - Vaccination certificate.
It shall be the duty of each veterinarian, at the time of vaccinating any animal, to complete a certificate of rabies vaccination, which shall include but not limited to the following information:
(a)
The owner's name and address;
(b)
An adequate description of the animal, including but not limited to such items as the animal's breed, sex, age, name, color and distinctive markings;
(c)
The date of vaccination;
(d)
The date of expiration of the vaccination;
(e)
The rabies vaccination tag number;
(f)
The type of rabies vaccine administered;
(g)
The manufacturer's serial number of the vaccine used. Such veterinarian shall issue a tag with the certificate of vaccination; and
(h)
The veterinarian shall make and provide a copy of each certificate issued to the authority at the time of its issuance.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-205. - Payment of cost of vaccination.
The cost of rabies vaccination shall be borne by the owner of the animal.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-206. - Quarantine of animals biting or attacking person—Generally.
When any person owning or harboring any animal in the city which has not been immunized against rabies and has been notified by any person injured or by someone on his behalf, or has knowledge of said injury, that said person has been bitten or attacked by said animal, that animal must be placed immediately under the care and observation of the authority or licensed veterinarian for a period of ten days, the expense to be borne by the owner of such animal. It shall be unlawful for the owner of such animal to fail to submit said animal within 24 hours following the bite or notification of said bite. It shall be unlawful for the owner to fail to locate and to report the whereabouts of said animal within 24 hours after notice of said bite or attack to the authority or verify to the authority that said animal is under observation of a veterinarian. Failure to locate and report to the authority constitutes a violation of this chapter, and the court shall order said animal impounded. Nothing shall prevent immediate surrender of an animal to the authority or a veterinarian when said animal is known to have attacked or bitten a person.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-207. - Same—Proof of immunization; redemption of quarantined animal.
Any owner or harborer of any animal who claims, asserts, or states that such animal has been immunized in accordance with section 6-201, and is unable to produce a certificate of health and immunization against rabies issued by a licensed veterinarian, shall immediately comply with the provisions of section 6-206, or be subject to the penalties provided in this chapter. It shall be lawful for the authority or agent of the authority to destroy any animal that has been impounded for observation after the period of observation has expired unless the owner shall, within 72 hours after notice has been given, redeem such animal by paying the expense incident to such impounding, observation, or treatment. It shall be illegal for the authority to release any animal held for observation to anyone but the owner of the animal prior to the expiration of the period of observation.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37945, § 5, 12-18-07)
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Sec. 6-208. - Same—Procedure and conditions for home observation of quarantined animal.
An animal which has been immunized against rabies by a licensed veterinarian as required by this chapter may be held in isolation by the owner; provided the authority has ascertained that the animal can be held in such isolation, and that the owner will keep the animal so as to prevent further exposure or loss, otherwise said animal shall not be kept in isolation by the owner. Such isolation shall be commenced immediately following said bite or attack. Prior to permitting home observation, the owner must sign a statement agreeing to abide by the rules governing home observation as formulated by the authority. Observation shall be terminated by the authority only upon report of a veterinarian based on an examination made on the 11th day following the bite. In event the owner violates any rule or regulation governing home observation, the animal shall immediately be placed with either a private veterinarian or the authority for not less than ten days.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37945, § 6, 12-18-07)
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Sec. 6-209. - Same—Verification of bite or injury.
When required by the authority, the person alleging to have suffered injury by bite or attack, or someone on his or her behalf, shall furnish to the authority verification by a physician of such injury within 24 hours. The cost of such verification by a physician shall be borne by the injured person. The authority reserves the right to require that a report be made by a physician before the dog or animal is placed under observation.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-210. - Area-wide quarantine—Imposition; vaccination required.
Whenever the county board of health shall find and determine upon advice of the health director that there is danger of the existence or spread of rabies, it shall issue a proclamation announcing the presence of rabies and ordering and requiring all persons owning, possessing, harboring or having the care or control of any animal required to be vaccinated by this chapter within the city to have said animal vaccinated with anti-rabies vaccine, save those individually excepted by the health director. It shall be the duty of each and every police officer of the city to notify the authority of any such animal found running at large within the city.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-211. - Same—Failure to vaccinate.
It shall be unlawful for any person owning, keeping or harboring any animal required to be vaccinated by this chapter to fail to have said animal vaccinated with the proper vaccine, in the event that the proper authorities of the city shall have ordered such vaccination generally over the city.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-212. - Bitten animals.
(a)
Any unvaccinated animal required to be vaccinated by this chapter exposed to a rabid animal shall be euthanized immediately or confined to strict isolation in a kennel under veterinary supervision for six months. Any illness in an animal under such observation shall be reported immediately to the authority. If signs suggestive of rabies develop, the animal shall be euthanized and tested for rabies.
(b)
Currently vaccinated animals required to be vaccinated by this chapter exposed to a rabid animal shall be revaccinated immediately and confined to the premises of the owner for not less than 45 days. Any illness in an animal under such observation shall be reported immediately to the authority. If signs suggestive of rabies develop, the animal shall be euthanized and tested for rabies.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37945, § 7, 12-18-07)
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Sec. 6-213. - Failure to obey order of health director.
No person shall fail or refuse to surrender or vaccinate any animal for quarantine or destruction or fail or refuse to follow home observation requirements found in section 6-208, as required herein when demand is made therefor by the health director.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 41237, § 1, 8-22-17)
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Secs. 6-214—6-230. - Reserved.
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ARTICLE IX. - PET SHOPS
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DIVISION 1. - GENERALLY
-
Secs. 6-231. - Humane animal care; violations; license suspension and revocation.
(a)
It shall be unlawful for any person who owns, conducts, manages or operates any commercial animal establishment for which a license is required, to fail to comply with each of the following conditions:
(1)
No dog or cat under the age of eight weeks shall be brought or shipped into the city for purpose of resale, and no such dog or cat shall be offered for sale by any pet shop or dealer;
(2)
Every dog or cat offered for sale must be examined by a state-licensed veterinarian and be certified as of the time of such examination, to be free of, any diseases or conditions which would be injurious to any animal or person. Every dog or cat offered for sale must also be free of any congenital defects evident at the time of examination unless full disclosure of any congenital defects is made to the buyer in writing at the time of purchase;
(3)
Every dog offered for sale shall have, at minimum, been vaccinated against distemper and parvo. Every cat shall have, at minimum, been vaccinated against distemper and panleukopenia. A certificate providing the date and treatment must be provided to the purchaser at the time of sale;
(4)
No animal shall be transported by a commercial kennel/commercial cattery, pet shop, or dealer, whether by private or public means, unless housed in a container appropriate for the size for the animal, and designed for that purpose including provisions for adequate ventilation and food and water;
(5)
Each animal shall at suitable intervals and at least once every 24 hours, receive a quantity of wholesome foodstuff suitable for the species' physical condition and age, sufficient to maintain an adequate level of nutrition for the animal;
(6)
Each animal shall have available at all times an adequate supply of clean, fresh, potable water. If water pans or dishes are used, such pans or dishes shall have weighted bottoms or be mounted or secured in a manner that prevents tipping;
(7)
Reasonable precautions shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means;
(8)
Sick animals shall be sufficiently isolated so as not to endanger the health of other animals;
(9)
Every building or enclosure wherein animals are maintained, shall be constructed of material easily cleaned, shall be kept in a sanitary condition and shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animal, with sufficient light to allow observation of animals and sanitation;
(10)
Any animal shall be taken to a veterinarian for treatment if the animal control officer orders the owner or custodian to do so as necessary to maintain the health of the animal;
(11)
All animal rooms, cages, kennels, shipping containers, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. At a minimum, sufficient space and solid flooring must be provided for every animal within an enclosure to separately and together, stand up, lie down, and turn around in a natural position;
(12)
No animals bearing evidence of malnutrition, ill health, infectious disease, unhealed injury or having been kept in an unsanitary condition shall be displayed or sold to the public.
(b)
Pet shop operators shall be subject to the following violations, suspensions, and revocations of the license:
(1)
If the authority makes an inspection of a pet shop and discovers a violation of this article, the authority shall notify the licensee or operator of such violation by means of an inspection report form or other written notice. The notification shall:
a)
Set forth the specific violation(s) found;
b)
Establish a specific and reasonable period of time for the correction of the violation(s) found;
c)
State that failure to comply with any notice issued in conformance with the provisions of this chapter may result in legal prosecution or suspension of the license until such time as the violations are corrected;
d)
State that an opportunity for appeal from any notice or inspection finding will be provided if a written request for a hearing is filed with the authority within five days;
Notices provided for under this section shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the licensee or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the licensee. A copy of such notice shall be filed with the records of the authority.
(2)
Notwithstanding the other provisions of this chapter, when the authority finds conditions in the operation of a pet shop which, in such authority's judgment, constitute a substantial hazard to public health, the authority may without warning or hearing issue a written notice to the licensee or operator citing such condition and specifying the corrective action to be taken. If the authority deems necessary, such order shall state that the license is immediately suspended and all operations are to be immediately discontinued. Any person to whom such an order is issued shall immediately comply therewith;
(3)
For serious or repeated violations of any of the requirements of this chapter, or for interference with the authority's duties herein, the pet shop license may be permanently revoked in accordance with the procedure specified in section 6-241. Prior to such revocation action, the authority shall notify the licensee in writing, stating the reasons for which the license is subject to revocation, and advise the permits and inspections division of the reasons for possible revocation of the license.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 36690, § 7, 7-13-04)
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Sec. 6-232. - Quarantine.
(a)
The authority, may order a quarantine placed on the entire premises of the licensee, on a specific species of animals, or on a special group of animals for any of the following:
(1)
Excessive parasitism, extreme enough to influence the general health of the animals.
(2)
General malnutrition.
(3)
Presence of contagious disease on the premises.
(b)
This quarantine may be placed after consultation with the licensee or his duly authorized representative concerning the nature, frequency, and extent of the disease or diseases involved.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-233. - Inspection.
Animal sales, animal purchases and animal treatment records and pet shop premises shall be open and available for inspection by duly authorized agents of the authority during reasonable hours. All such records shall be maintained on the premises.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-234. - Records.
It shall be unlawful for any person to fail to maintain records of each retail sale or wholesale lot of dogs, cats, parrots, or exotic animals with a value in excess of $25.00. These records shall be retained for a minimum period of 12 months after date of sale or transfer of the animal, and shall include the source of the animal sold, the date of sale, identification and sex of the animal sold, and the name and address of the purchaser.
Records of the dates of sale, identification and sex of each pet animal sold, and the name and address of the purchaser of each pet animal sold shall be provided to the animal control authority on or before January 1, March 1, May 1, July 1, September 1, and November 1 of each year for sales in the 60 days preceding such dates.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 38257, § 20, 9-30-08)
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DIVISION 2. - LICENSE
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Sec. 6-235. - Required.
It shall be unlawful for any person to operate a pet shop in this city without first obtaining a license therefor.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-236. - Application.
An application for a license required by the provisions of this division or renewal of such license should be made each year. Such application shall be made on a form supplied by the permits and inspections division.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-237. - Inspection required.
Such completed application shall be forwarded to the authority for the purposes of inspecting the premises and making a recommendation for licensing. Any person applying for a license under this chapter at the time of application shall be provided with guidelines for minimum standards of care as established by the authority.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-238. - Fee.
The fee for any license required by the provisions of this division shall be as provided in section 19-72 of this code.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-239. - Issuance.
If the permits and inspections division approves the application for a license required by the provisions of this division, and determines that the applicant is qualified to engage in business as a pet shop operator, a license shall be issued.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-240. - Display.
Every license issued under the provisions of this division shall be posted on the premises in a conspicuous place.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-241. - Denial, revocation or suspension.
(1)
The permits and inspection division may withhold, deny, revoke or suspend a license issued under the provisions of this division after a full and fair hearing, and upon a finding that the licensee has been guilty of any of the following:
(2)
(a)
Cruelty to animals held under the licensee's care;
(b)
Material misstatement in the application for a license or in the application for renewal thereof;
(c)
Aiding or abetting another in the violation of item (b) of this subsection or any rules and regulation made pursuant thereto;
(d)
Allowing a license issued to be used by an unlicensed person;
(e)
Making any misrepresentation or false promise, through advertisement, salesperson, agents or otherwise, in connection with the business operation licensed pursuant to this division;
(f)
Violation of quarantine order; and
(g)
Violation of any provision of this article.
(3)
No license shall be withheld, denied, or revoked, suspended or refused to be issued or renewed except by decision of the permits and inspection division after a full and fair hearing.
(Ord. No. 36463, § 2, 12-16-03)
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Secs. 6-242—6-260. - Reserved.
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ARTICLE X. - LIVESTOCK
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DIVISION 1. - GENERALLY
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Sec. 6-261. - Sanitary conditions of stalls, stables and yards.
It shall be unlawful for any owner to keep livestock in any place where the water, ventilation and food are not sufficient and wholesome for the preservation of their health and safe condition. Every owner, agent, lessee, tenant, or occupant of any stall, stable or enclosure in which any horse, cow or other animal may be kept, or any place in which any manure or solid or liquid discharge or excrement may collect or accumulate, shall at all times keep or cause to be kept such stall, stable or enclosure and the drainage, yards and appurtenances thereof in clean, healthful and wholesome condition, and no offensive odor shall be allowed to escape there from. The same shall be disinfected in accordance with the instructions of the health director.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-262. - Livestock running at large or trespassing on public or private grounds.
It shall be unlawful for any person to knowingly or negligently allow or permit any horse, pony, cow, swine, goat, sheep, or other livestock animal owned, kept, or possessed by him or her, to run at large in or upon the private premises of others or upon streets, highways, or other public areas of the city, unless as a participant in an organized riding event, parade, circus, or similar event, or acting under the use of the Omaha Police Mounted Patrol. The herding or running at large of livestock or other animals upon the streets, avenues, parks, or public grounds within the city, or the picketing, lariating or tying, or securing by rope or other means of any such animal or animals so that such animal can feed, walk, or trespass upon any public street, avenue, alley, park or public or private grounds within the city, or the running at large or the herding of such animals on any open ground within the city, is hereby prohibited and declared to be a nuisance; provided however, that the city council, with the concurrence of the mayor, may by resolution exempt from the provisions of this chapter such territory or grounds within the city limits as the herding or lariating upon of such animals may not be considered to be a nuisance, giving notice thereof in the official paper of the city for three days.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 41237, § 1, 8-22-17)
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Sec. 6-263. - Poultry to be enclosed.
It shall be unlawful for any person to allow poultry, chickens, hens, turkeys, ducks, geese, or other like fowl to be at large within the city, except in enclosed places on private property.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-264. - Enclosure for breeding animals.
It shall be unlawful for any person to exhibit any horse, jack, or other animal, or let any horse or jack to any mare or jenny, or any bull to any cow, within the city unless in some place wholly enclosed and out of public view.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-265. - Exceptions.
Notwithstanding any other provision herein, the sections of this division shall not be deemed to apply to, or in any way to interfere with, or to require a license or permit for, the ordinary conduct and operation of packing houses, stockyards, existing commercial feed lots (containing livestock being fed for sale or for slaughter), serum plants, biological laboratories, livestock exhibitions, shows or rodeos, race meets, and other like enterprises, when conducted within the city.
(Ord. No. 36463, § 2, 12-16-03)
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DIVISION 2. - PERMIT
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Sec. 6-266. - Required for keeping of livestock or poultry.
It shall be unlawful for any person to keep, maintain or harbor any horses, goats, sheep, swine, except mini-pigs as defined in article XI of this chapter, cattle or poultry within this city without first obtaining a permit to do so from the health department.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-267. - Application.
Any person desiring to obtain a permit required by the provisions of this division shall make application therefor in writing on a form furnished by the health department stating:
(a)
The name and location of the applicant.
(b)
The kind and number of animals or fowl to be kept.
(c)
The name of the person in charge of the animals or fowl, if different from the name and location of the applicant.
(d)
Such other information as the department may require.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-268. - Investigation.
Upon receipt of an application for a permit required by the provisions of this division, the health officer or his duly authorized representative shall investigate the premises and the manner in which the animals or fowl are to be kept.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-269. - Conditions for issuance.
A permit required by the provisions of this division shall be issued only if the location and the keeping of animals or fowl is, in the opinion of the health department, such as not to be a health hazard or nuisance to the surrounding neighborhood.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-270. - Revocation.
A permit issued under the provisions of this division may be revoked by the health department for the violation by the permittee of any provision of this division or any other applicable provision of this code, state law or city ordinance, rule or regulation.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-271. - Duration.
All permits issued under the provisions of this division shall be valid for a period of one year, running from January 1 to December 31.
(Ord. No. 36463, § 2, 12-16-03)
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Secs. 6-272—6-300. - Reserved.
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ARTICLE XI. - MINI-PIGS
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DIVISION 1. - GENERALLY
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Sec. 6-301. - Number and size restrictions.
It shall be unlawful for any person to own, keep, or harbor at any time more than two mini-pigs per residential or dwelling unit within the city limits or in the area within three miles of the city limits. Further, it shall be unlawful for any person to own, keep or harbor any mini-pig reaching a size greater than 200 pounds in weight within the city limits or in the area within three miles of the city limits.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 41237, § 1, 8-22-17)
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Sec. 6-302. - Spaying; neutering.
It shall be unlawful to own, keep or harbor a mini-pig within the city limits or in the area within three miles of the city limits that is not spayed or neutered within 30 days of acquiring the pig. If the pig is not yet three months old, it must be spayed or neutered within 30 days of attaining the age of three months.
(Ord. No. 36463, § 2, 12-16-03; Ord. No. 41237, § 1, 8-22-17)
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Sec. 6-303. - Running at large.
It shall be unlawful for any person to allow or permit any mini-pig which is owned, kept or harbored by him to run or be at large in or upon the private premises of others or upon the streets, highways and other public places of the city.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-304. - Restraint.
It shall be unlawful for the owner of any mini-pig within the city to fail to keep his mini-pig securely restrained by a chain or otherwise confined in or upon his premises in an enclosure sufficient to contain the mini-pig.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-305. - Mini-pigs damaging property of others.
It shall be unlawful for the owner of a mini-pig to allow or permit his mini-pig to damage property of others or cause bodily injury. If the owner is adjudged guilty of a violation of this section, the court may, in addition to the penalty provided for the violation of this Code, order such disposition or destruction of the offending mini-pig as may seem reasonable and proper.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-306. - Disturbance of the peace.
It shall be unlawful for any person who owns, keeps, harbors, maintains, or permits on any parcel of land or premises under his control any mini-pig which by loud, continued, or frequent oinking, squealing, or grunting shall annoy or disturb the peace and comfort of the inhabitants of any neighborhood or interfere with any person or persons in the reasonable and comfortable enjoyment of life or property; provided, however, this section shall not apply to the animal shelter, veterinarians, and medical laboratories.
(Ord. No. 36463, § 2, 12-16-03)
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Secs. 6-307—6-320. - Reserved.
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DIVISION 2. - LICENSES
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Sec. 6-321. - Applicability of division.
The provisions of this division shall be applicable and controlling within the corporate limits of the city and in the area within three miles of the corporate limits thereof.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-322. - Exceptions.
Notwithstanding any other provision herein, the provisions of this article shall not be deemed to apply to, or in any way to interfere with, the ordinary conduct and operation of veterinary clinics, biological laboratories or pet shows, when conducted within the city.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-323. - License required.
It shall be unlawful for any person to own, keep or harbor any mini-pig within the city limits or in the area within three miles of city limits unless such mini-pig has been licensed by the authority as required by the provisions of this division; provided, however, that this section shall not apply to any mini-pig which has not reached the age of eight weeks.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-324. - Application.
Written application for a license required by the provisions of this division shall be made to the authority, and the applicant shall:
(a)
State the name and address of the owner of the mini-pig;
(b)
State the color, age and sex of the mini-pig;
(c)
Submit documentation signed by a licensed veterinarian indicating that, upon reaching the age of four months, the mini-pig has been neutered or spayed;
(d)
Provide such other information as may identify the mini-pig.
The applicant shall certify to the information contained in such application under penalty of law for the willful making of any untrue statement.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-325. - Date for obtaining license.
Licenses required by the provisions of this division shall be procured on or before March 15 of each year, provided:
(1)
If a mini-pig is acquired by an owner after such date, such license shall be acquired within 30 days after the date of acquisition of such mini-pig.
(2)
If the owner becomes a resident of the city after March 15, he shall acquire such license within 30 days after he establishes residency in the city.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-326. - Fees generally.
The annual fee for a license required by the provisions of this division shall be $35.00.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-327. - Late charge.
In the event an owner fails to acquire a license under the provisions of this division within the time required, he shall pay a charge of $50.00 in addition to the fees required by this division.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-328. - Issuance; tag.
(1)
Upon payment of the required fee, the authority shall issue a numbered receipt and tag to the owner for the mini-pig licensed.
(2)
Such license receipt shall contain the owner's name and address and such description of the mini-pig as may be required for purposes of identification, and the number of the tag issued therefor.
(3)
Such tag shall be in such form and description as the authority shall determine from time to time.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-329. - Separate license and tag required for each mini-pig.
A separate license and tag is required under the provisions of this division for each mini-pig owned, kept or harbored by any person.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-330. - Wearing of collar and tag or other identification.
Upon receiving a tag under the provisions of this division, it shall be the duty of the owner or other person keeping a mini-pig to ensure that the mini-pig bears a permanent means of identification at all times such as an implanted micro-chip or such tag attached to a durable collar or harness worn at all times.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-331. - Records.
The authority, shall keep a record of the name and address of each owner obtaining a license under the provisions of this division and the number of the license and tag issued.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-332. - Expiration.
Licenses issued under the provisions of this division shall be valid until March 15 of the succeeding year.
(Ord. No. 36463, § 2, 12-16-03)
-
Sec. 6-333. - Misuse of tag.
No owner shall permit or allow his mini-pig to wear any license tag other than the one issued for such mini-pig and for the period of the license year hereinbefore mentioned.
(Ord. No. 36463, § 2, 12-16-03)
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Sec. 6-334. - Removal of tag.
No person shall remove or cause to be removed the collar or tag from any licensed mini-pig without the consent of the owner, keeper, or harborer thereof.
(Ord. No. 36463, § 2, 12-16-03)
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Secs. 6-335—6-337. - Reserved.
Editor's note— Ord. No. 41237, § 1, adopted August 22, 2017, repealed the former sections 6-335—6-337 in their entirety, which pertained to a vaccination requirement, blood test requirement, and certificate of vaccination and blood testing, respectively, and derived from Ord. No. 36463, § 2, adopted December 16, 2003.