Anderson 

Chapter 5.10

GENERAL PROVISIONS

Sections:

5.10.010  Definitions

5.10.020  Barking Dogs

5.10.030  Confinement of Animals

5.10.040  Sanitory Enclosures

5.10.050  Diseased Animals

5.10.060  Animals Near Street

5.10.070  Restraint of Dogs

5.10.080  Interference

5.10.090  Cruelty

5.10.100  Release from Restraint by Non-owner

5.10.110  Collected Funds

5.10.120  Puppies

5.10.130  Complaints

5.10.140  Unlicensed Dogs

5.10.150  Disposal; Mad, Vicious, Unlicensed Dogs

5.10.160  Animal Waste

5.10.170  Duty of Vehicle Operators

5.10.180  Penalty

5.10.010  Definitions:  The following terms used in this title have the following meanings:

            A.  "Adoption" means to choose the process by which a person over the age of 18 selects and pays the fees necessary to bring into one's own home an animal from the City shelter.  Compliance with the above will mean that the adoptive person(s) will become the lawful owner(s).

            B.  "Animal" means all domestic or domesticated members of the kingdom animalia, classes mammalia, aves, reptilia and amphibia.

            C.  "Animal Bite" shall be considered to be a bite from an animal that is known to be a possible vector of rabies, and that bite which must break the skin shall be deemed as a bite.

            D.  "Animal Control Officer" means the person in charge of the enforcement of the animal control provisions of this code and of the animal shelter maintained at City expense, as appointed by the Mayor with the consent of the City Council.

            E.  "Animal Shelter" means any premise designated by action of the animal control officer for the purpose of impounding and caring for all animals impounded pursuant to this title or state statute.

            F.  "At-Large" means that an animal is not under restraint, except that animals being exercised in unpopulated areas and under voice control of a competent person shall not be considered at-large.

            G.  "Cat" means a domestic or domesticated member of the family Felidae.

            H.  "Dog" means any of the mammalian family Canidae, commonly known as dogs, but not a fox, coyote, wolf, or any other game species the taking of which is regulated by the State, save only that the fox, coyote or wolf which is kept as a pet under a valid state permit shall be treated in like fashion as a common dog.

            I.  "Neutered Male" means any male animal that has been castrated.

            J.  "Owner"  means any person, partnership, or corporation owning, keeping or harboring one or more animals.  An animal shall be deemed to be harbored if it is fed, or sheltered for three days or more.

            K. "Planned Breeding" means any purposeful breeding intended for the perpetuation of a specific type of animal.

            L. "Protective Custody" means impoundment of an animal for its own protection.

            M. "Public Nuisance" means any animal which molests passerby or passing vehicles, attacks other animals, trespasses on school grounds or other public or private property, or that barks, whines or howls excessively or continuously.

            N. "Restraint" for the purpose of this title means physical control, such as a leash, chain, fence or building; or competent voice, whistle, or hand-signal control while actively engaged in a form of recognized hunting that requires the use of an animal as a retriever; or when on the property of the owner.  The Animal Control Officer may determine if an animal is under competent control.

            O.  "Secure Enclosure" means an enclosure in which an animal is confined and does not have access to human beings or other animals.

            P.   "Spayed Female" means any female animal which has an ovariectomy or ovary hysterectomy performed.

            Q.  "Vicious Animal" means any animal that when unprovoked inflicts bites or attacks  human beings or other animals either in public or in private property, or in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, or any public grounds.

            R.  "Fancier's Facility"  means any premises in or adjoining a private residence where more than four and not more than 20 show, trail, hunting, working or pet dogs are kept for the hobby or pleasure of the householder.

            S.  "Kennel" means any premises not a fancier's facility used for breeding, buying, keeping, or boarding three or more dogs over the age of six months, whether for profit or not.

5.10.020  Barking Dogs.  It is unlawful for any person to permit any animal of which he is the owner or custodian to cause annoyance to any person by barking, howling, or making other sounds common to its species.  For the purpose of this chapter, "annoyance" shall be defined as actual interference with the sleep, work, or reasonable right to peace or privacy of one or more persons by means of repeated or continued noise.

5.10.030  Confinement of Animals.

            A. It is unlawful for any person to own or have custody of any dog unless it is physically confined or restrained on his own premises, or in his immediate presence and under constraint.

            B.  It is unlawful for any person to own or have custody of any animal other than a dog which would be likely to cause annoyance or danger to other persons unless such animal is confined or restrained on his own premises or in his immediate presence or under restraint.  For the purposes of this chapter, "annoyance" shall be defined as actual interference with the safety of health or reasonable right to peace or privacy of one or more persons.   

5.10.040  Sanitary Enclosures.  It is unlawful for any person to own or have custody of any animal unless all structures, pens or yards, and areas adjacent thereto, in which such animal is kept are maintained in a clean and sanitary condition and free from objectionable odor.

5.10.050  Diseased Animals.  It is unlawful to keep or harbor any animal infected with a contagious or pestilential disease, except when such animal is closely confined, isolated from other animals, and under the care of a licensed veterinarian.

5.10.060  Animals Near Street.  It is unlawful to tie, stake or fasten any animal within any highway, street, alley or public place within the City or in such a manner that the animal has access to any portion of any highway, street, alley, or public place therein, provided that the Mayor may make exceptions in the case of dog races, dog shows and similar temporary sporting or festive events.

5.10.070  Restraint of Dogs.  All dogs must be continuously under restraint.

5.10.080  Interference.  It is unlawful for any person to interfere with, hinder or molest any Animal Control Officer or agent of the City in the performance of any of his duties under this title, or to release any animal in the custody of any such officer or agent.

5.10.090  Cruelty

            A.  No person shall intentionally injure or kill an animal unless:

1)  The act committed is done humanely in conformity with applicable Federal, State or City law; or 2)  Such act is necessary to defend a human being or a domestic animal from attack.

            B.  No person shall intentionally or recklessly wound, injure, torment, poison, provoke, otherwise abuse or unnecessarily overwork an animal or cause or procure any of such acts to be done, or attempt the same, or abandon an animal where there is not a responsible caretaker who has assumed the responsibility of proper food, water, supervision and care.  Acts in violation of this subsection constitute cruelty.  Nothing in this chapter shall be construed to prohibit or impede the lawful impounding of stray animals and the lawful destruction of disposition thereof, or the humane destruction of an animal by its owner.

            C.  Tranquilizer Gun.  No person shall use a tranquilizer gun to capture an animal except in an emergency threatening bodily injury to persons or other animals.

            D.  Protective Custody.  If the animal control officer makes a determination in writing that an animal has been treated cruelly as described in this section or that it may not be adequately cared for by the owner or lawful custodian, the animal may be held in protective custody.  The Animal Control Officer may release the animal if he determines that the owner or lawful custodian will provide adequate care, or may make other humane disposition of the animal if neither the owner or the custodian shows the ability and intent to provide adequate and humane care within one hundred twenty hours of taking the animal or if either the owner or custodian is convicted of cruelty.  The owner and/or custodian each shall be responsible for all expenses reasonably incurred by the City for the handling, care, custody and maintenance of the animal, including veterinary care costs.

5.10.100  Release from Restraint by Non-Owner.  No person shall release without permission of the owner, any animal from restraint except to preserve the animal's life.

5.10.110  Collected Funds.  All fees and charges collected by the City Clerk as provided in this chapter shall be deposited in the general fund.  Special funds may be authorized for regulation and immunization of dogs in the City as approved by the City Council.

5.10.120  Puppies.  The owner of any litter of pups that have reached the age of six months is responsible for the care of such pups and upon failure to so, such pups are declared to be a public nuisance and shall be disposed of as provided in this title.

5.10.130  Complaints.  Any complaints regarding dogs, where the complainee wishes the matter to be taken up by the City Council, shall be received by the City Clerk.  All such complaints shall be in writing and signed by the complainee and shall be made part of the City records.  It will be the duty of the City Clerk to present any such complaints in the regular meeting of the City Council.  However, to obtain the information provided by Sections 5.30.030, it is not necessary for a person to file a complaint against a dog.

5.10.140  Unlicensed Dogs.  All unlicensed dogs within the City that are declared to be a public nuisance and dangerous to the health and well-being of the people of the City may be disposed of in the manner provided in this title.

5.10.150  Disposal; Mad, Vicious and Unlicensed Dogs.  If, after diligent effort, the authorities are unable to capture licensed, unlicensed, mad or vicious dogs declared to be a public nuisance, the authorities are authorized to kill such dog and dispose of the body.  If such a dog is thereafter found to be licensed and tagged, the owner thereof shall be notified that the dog has been disposed of as a public nuisance.  The City Council is duly elected by the residents of the City and is empowered to destroy dogs declared to be a public nuisance. 

5.10.160 Animal Waste.  No animal owner shall fail to remove excreta deposited by his animal on public areas, recreation areas or on any other person's property.

5.10.170 Duty of Vehicle Operators.  Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report the accident to the appropriate law enforcement agency or to the Animal Control Officer.

5.10.180 Penalty  (reserved)