CHAPTER 90:
ANIMALS
Section
General Provisions
90.01 Keeping or livestock in city restricted
Dogs
90.15 Definitions
90.16 Restraint, control of dog required; noise disturbance
90.17 Impoundment
90.18 Notice to owner; reclaiming impounded dog
90.19 Citation
90.31 Vicious dogs
90.99 Penalty
GENERAL PROVISIONS
§ 90.01 KEEPING OF LIVESTOCK IN CITY RESTRICTED.
(A) It shall be unlawful for any person to keep within the city limits any of the following animals unless the person provides a minimum of five contiguous acres, surrounded by a fence adequate to contain such animals: cows, pigs, horses, sheep, goats, peacocks, chickens, ducks, or other poultry.
(B) However, it shall not be unlawful for any person keeping any animals described in division (A) at the time of passage of this section to continue to keep an equal or lesser number of such animals at their present location within the city; provided, any person wishing to continue to keep such animals shall as a prerequisite to the exemption provided by this division:
(1) Within 60 days of passage of this section give written notice to the City
Clerk-Treasurer/Tax Collector of the number and specie of animals being
kept by him at the time of passage of this section;
(2) Allow periodic inspections of such animals by a designated representative
of the City Commission; and
(3) Not increase the number or specie of animals being kept at the time of
passage of this section. (Ord. 84-5, passed 11-6-85) Penalty, see § 90.99
DOGS
§ 90.15 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"DOG." Any member of the canine family, six months of age or over, male or female.
"DOG POUND." Any premises designated by the City Commission for the purpose of impounding and caring for dogs held under the provisions of this subchapter.
"DOG WARDEN." The officer employed, appointed, and authorized by the City
Commission to primarily enforce the dog, animal, and livestock laws of the state and the city.
"OWNER." Any person, partnership, or corporation that owns, keeps, or harbors a dog.
"RESTRAINED." A dog which is:
(1) Kept upon the premises of its owner;
(2) Confined within an enclosure from which it cannot escape;
(3) Firmly secured by means of a collar and chain or other device so that it
cannot stray beyond the control of a person accompanying the dog off of
the owner's premises. (Ord. 86-4, passed 9-1-86)
§ 90.16 RESTRAINT, CONTROL OF DOG REQUIRED; NOISE DISTURBANCE.
(A) All dogs within the city limits shall be restrained.
(B) No owner shall fail to exercise proper care and control of a dog so as to prevent the following actions: chasing of vehicles; excessive, continuous, or untimely barking or howling; molesting of passerby; attacking other domestic animals; trespassing upon school grounds, trespassing upon private property, or damaging any property of any nature. (Ord. 86-4, passed 9-1-86) Penalty, see § 90.99
§ 90.17 IMPOUNDMENT.
Dogs which are not restrained in accordance with 90.16(A) shall be taken by the Dog Warden to the dog pound and there confined for a period not less than seven days unless claimed by its owner. (Ord. 86-4, passed 9-1-86)
§ 90.18 NOTICE TO THE OWNER; RECLAIMING IMPOUNDED DOG.
If the owner can be identified, the Dog Warden shall take reasonable steps to notify the owner that his dog has been impounded. If the dot is not claimed within seven days, it shall be paid by the city. As the owner reclaiming an impounded dog shall pay a fee of $26 to the city for impoundment. The owner shall also pay $3 per day for board for each day the dog is pounded. Proof of vaccination for rabies shall be furnished before any impounded dog is released to an owner.
(Ord. 86-4, passed 9-1-86)
§ 90.19 CITATION.
The Dog Warden, if he has acquired the status of a peace officer, or any other peace officer may issue to an owner violating 90.16(B) a citation giving notice of a charge of the violation. (Ord. 86-4, passed 9-1-86)
VICIOUS DOGS
§ 90.31 DEFINITIONS
(A) A vicious dog is defined as any with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or,
(B) Any dog which because of its size, physical nature, and vicious propensity is capable of inflicting serious physical harm or death to humans and which would
constitute a danger to human life or property if it were not kept in the manner required by this subchapter; or,
(C) Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal.
§ 90.32 CONFINEMENT/RESTRAINT
(A) It shall be unlawful for any person to keep or harbor within the city a vicious dog unless it is at all times kept securely enclosed in such a manner that it cannot escape from the owner’s premises. Such enclosure must have a minimum dimension of five (5) feet by ten (10) feet per dog and must have secure sides six feet high and a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than two (2) feet and be kept in a clean and sanitary condition. The enclosure must also provide protection from the elements for the dog. A vicious dog shall be transported to or from the indoors and securely enclosed and locked outdoor pen or shelter only if such dog is muzzled and restrained by a suitable chain or leash not exceeding six (6) feet in length and under the control of a responsible adult. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent the dog from biting any person or animal.
§ 90.33 OTHER REQUIREMENTS.
(A) No person under the age of 18 years shall be permitted to own, harbor or handle a vicious dog.
(B) Owners of vicious dogs must provide proof to the City Clerk of public liability insurance in the amount of at least $100,000.00, insuring the owner for any personal injuries inflicted by his or her vicious dog.
(C) The owner or keeper of a vicious dog shall display a sign on his or her premises warning that there is a vicious dog on the premises. Such sign shall be visible and capable of being read from the public street.
(D) The owner or keeper shall immediately notify the city if a vicious dog is on the loose, in unconfined, has attacked another animal or has attacked a human being, or has died.
(E) City employees are hereby empowered to make whatever inquiry is deemed necessary to ensure the compliance with the provisions of this article, and any such dog warden is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof.
§ 90.99 PENALTY.
Any person who violates any provision of this chapter for which another penalty is not already otherwise provided shall be fined not more than $100 for each offense, except that in the event of a violation of § 90.31 et seq. the amount shall be $500.
General Provisions
90.01 Keeping or livestock in city restricted
Dogs
90.15 Definitions
90.16 Restraint, control of dog required; noise disturbance
90.17 Impoundment
90.18 Notice to owner; reclaiming impounded dog
90.19 Citation
90.31 Vicious dogs
90.99 Penalty
GENERAL PROVISIONS
§ 90.01 KEEPING OF LIVESTOCK IN CITY RESTRICTED.
(A) It shall be unlawful for any person to keep within the city limits any of the following animals unless the person provides a minimum of five contiguous acres, surrounded by a fence adequate to contain such animals: cows, pigs, horses, sheep, goats, peacocks, chickens, ducks, or other poultry.
(B) However, it shall not be unlawful for any person keeping any animals described in division (A) at the time of passage of this section to continue to keep an equal or lesser number of such animals at their present location within the city; provided, any person wishing to continue to keep such animals shall as a prerequisite to the exemption provided by this division:
(1) Within 60 days of passage of this section give written notice to the City
Clerk-Treasurer/Tax Collector of the number and specie of animals being
kept by him at the time of passage of this section;
(2) Allow periodic inspections of such animals by a designated representative
of the City Commission; and
(3) Not increase the number or specie of animals being kept at the time of
passage of this section. (Ord. 84-5, passed 11-6-85) Penalty, see § 90.99
DOGS
§ 90.15 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"DOG." Any member of the canine family, six months of age or over, male or female.
"DOG POUND." Any premises designated by the City Commission for the purpose of impounding and caring for dogs held under the provisions of this subchapter.
"DOG WARDEN." The officer employed, appointed, and authorized by the City
Commission to primarily enforce the dog, animal, and livestock laws of the state and the city.
"OWNER." Any person, partnership, or corporation that owns, keeps, or harbors a dog.
"RESTRAINED." A dog which is:
(1) Kept upon the premises of its owner;
(2) Confined within an enclosure from which it cannot escape;
(3) Firmly secured by means of a collar and chain or other device so that it
cannot stray beyond the control of a person accompanying the dog off of
the owner's premises. (Ord. 86-4, passed 9-1-86)
§ 90.16 RESTRAINT, CONTROL OF DOG REQUIRED; NOISE DISTURBANCE.
(A) All dogs within the city limits shall be restrained.
(B) No owner shall fail to exercise proper care and control of a dog so as to prevent the following actions: chasing of vehicles; excessive, continuous, or untimely barking or howling; molesting of passerby; attacking other domestic animals; trespassing upon school grounds, trespassing upon private property, or damaging any property of any nature. (Ord. 86-4, passed 9-1-86) Penalty, see § 90.99
§ 90.17 IMPOUNDMENT.
Dogs which are not restrained in accordance with 90.16(A) shall be taken by the Dog Warden to the dog pound and there confined for a period not less than seven days unless claimed by its owner. (Ord. 86-4, passed 9-1-86)
§ 90.18 NOTICE TO THE OWNER; RECLAIMING IMPOUNDED DOG.
If the owner can be identified, the Dog Warden shall take reasonable steps to notify the owner that his dog has been impounded. If the dot is not claimed within seven days, it shall be paid by the city. As the owner reclaiming an impounded dog shall pay a fee of $26 to the city for impoundment. The owner shall also pay $3 per day for board for each day the dog is pounded. Proof of vaccination for rabies shall be furnished before any impounded dog is released to an owner.
(Ord. 86-4, passed 9-1-86)
§ 90.19 CITATION.
The Dog Warden, if he has acquired the status of a peace officer, or any other peace officer may issue to an owner violating 90.16(B) a citation giving notice of a charge of the violation. (Ord. 86-4, passed 9-1-86)
VICIOUS DOGS
§ 90.31 DEFINITIONS
(A) A vicious dog is defined as any with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or,
(B) Any dog which because of its size, physical nature, and vicious propensity is capable of inflicting serious physical harm or death to humans and which would
constitute a danger to human life or property if it were not kept in the manner required by this subchapter; or,
(C) Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal.
§ 90.32 CONFINEMENT/RESTRAINT
(A) It shall be unlawful for any person to keep or harbor within the city a vicious dog unless it is at all times kept securely enclosed in such a manner that it cannot escape from the owner’s premises. Such enclosure must have a minimum dimension of five (5) feet by ten (10) feet per dog and must have secure sides six feet high and a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than two (2) feet and be kept in a clean and sanitary condition. The enclosure must also provide protection from the elements for the dog. A vicious dog shall be transported to or from the indoors and securely enclosed and locked outdoor pen or shelter only if such dog is muzzled and restrained by a suitable chain or leash not exceeding six (6) feet in length and under the control of a responsible adult. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent the dog from biting any person or animal.
§ 90.33 OTHER REQUIREMENTS.
(A) No person under the age of 18 years shall be permitted to own, harbor or handle a vicious dog.
(B) Owners of vicious dogs must provide proof to the City Clerk of public liability insurance in the amount of at least $100,000.00, insuring the owner for any personal injuries inflicted by his or her vicious dog.
(C) The owner or keeper of a vicious dog shall display a sign on his or her premises warning that there is a vicious dog on the premises. Such sign shall be visible and capable of being read from the public street.
(D) The owner or keeper shall immediately notify the city if a vicious dog is on the loose, in unconfined, has attacked another animal or has attacked a human being, or has died.
(E) City employees are hereby empowered to make whatever inquiry is deemed necessary to ensure the compliance with the provisions of this article, and any such dog warden is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof.
§ 90.99 PENALTY.
Any person who violates any provision of this chapter for which another penalty is not already otherwise provided shall be fined not more than $100 for each offense, except that in the event of a violation of § 90.31 et seq. the amount shall be $500.
