It shall be the positive duty of every owner/custodian or any animal or anyone having an animal in possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property and animals from injury or damage which might result from their animal’s behavior. In the event that the owner/custodian or keeper of any animal is a juvenile, the parent or guardian of such juvenile shall be responsible to ensure compliance with all provisions of this chapter.

(Ord. 1992, Sec. 1; Ord. 2274)

(a)   Shelter.

(1)   Any dog that is habitually kept outside or repeatedly left outside unattended shall be provided shelter which is sanitary, of sound construction, and provide adequate protection from the cold and heat. Shelter must be placed in a dry area free of debris, feces, and standing water. It must have at least three sides and a weather proof roof; have a solid, sanitary floor, be adequately ventilated; provide shelter from wind, rain, sun and the elements at all times. Suitable drainage must be provided so that water is not standing in or around the shelter.

(2)   Shelter must be large enough to accommodate the animal, but not so large that it would not retain body heat adequately.

(3)   When outdoor temperatures reach freezing levels or below, pet owners/custodians shall take extraordinary measures to insure their animals are protected from the extreme weather conditions and that they have unfrozen water to drink.

(4)   All areas where animals are kept shall be cleaned regularly so that fecal matter is disposed of so not to attract insects or rodents, become unsightly or cause objectionable odor.

(5)   An Animal Control Officer may remove an animal that is living in conditions that do not meet the standards outlined above.

(6)   If multiple animals are present in one location each animal must have access to shelter and the owner/custodian must meet all standards as outlined in this section.

(b)   Nutrition.

(1)   All animals kept or harbored shall be provided with sufficient, wholesome food suitable for the animal’s size, age, and physical condition and in sufficient quantities to maintain an adequate level of nutrition.

(2)   Animals shall be provided a regular supply of clean, fresh water.

(c)   Exercise.

(1)   The enclosure or confinement area for a dog shall encompass sufficient useable space to keep the animal in good condition.

(2)   When a dog is confined outside by means of an enclosure or an electronic containment device, the following minimum space requirements shall be met:

(d)   It shall be unlawful cruelty to animals for any person to own or keep any animal and:

(1)   Tether or chain the animal as a primary means of stationary confinement. Dogs may be tethered or chained for no longer than eight (8) hours in any 24-hour period. Any chain or tether must be attached to a properly fitting collar or harness worn by the animal.

(2)   Fail to provide such sufficient and wholesome food, fresh water, shade and protection from the weather, opportunity for exercise, veterinary care when needed to treat injury or illness, (unless the animal is instead humanely euthanized) or other care as is needed for the health or well-being of such kind of animal. The dog’s fur provides insulation from heat and cold, regulating the animal’s body temperature. Allowing the dog’s fur to become matted due to filth and neglect shall be a violation of this code.

(3)   Abandon or leave any animal in any place. For the purpose of this provision, “abandon” means for the owner/custodian or keeper to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than eight (8) hours without providing for adequate food, fresh water, and shelter for the duration of the absence; or turn loose or release any animal for the purpose of causing it so be impounded.

(4)   Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability or death to such animal.

(e)   Any animal impounded for being kept in violation of this section or section 2-502 may be humanely euthanized by a veterinarian if he deems it necessary to relive suffering. The owner/custodian of any animal that is not euthanized shall be entitled to regain custody of such animal only after such custody is authorized by the court. All expenses accrued for the treatment or care of such animal shall be paid by the owner/custodian, whether or not he seeks to regain custody of such animal.

(Ord. 1992, Sec. 1; Ord. 2274)

It shall be unlawful for any person owning or keeping any dog to permit such animal to be outside the premises of such owner/custodian without a current city license tag and a current rabies vaccination tag attached to the collar or harness of such animal. It shall be unlawful for any person to permit a city licensing or rabies vaccination tag to be worn by any animal other than the animal for which such tag is issued.

(Ord. 1992, Sec. 1; Code 2016; Ord. 2274)

Every owner/custodian shall ensure that the dog is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the premises of its owner/custodian. It shall be unlawful for any owner/custodian to fail to prevent such dog from running-at-large within the City at any time.

A dog shall not be deemed running-at-large if:

(a)   The dog is firmly attached to a leash, chain, rope or harness and under the physical control of its owner/custodian; or

(b)   The dog is under the immediate voice control of its owner/custodian, such that the dog remains by the side of its owner/custodian at all times; or

(c)   The dog is within a structure or fence enclosure with the permission of the owner of the structure or fence enclosure; or

(d)   The dog is tethered in such a manner as to prevent its crossing outside the premises of the owner/custodian onto public property, public right-of-way, or private property owned by any person other than the owner/custodian.

(Ord. 2126, Sec. 3; Ord. 2274)

Electronic fences are not considered proper restraining devices and are discouraged. Residents who confine a dog with an electronic fence or an electronic collar must clearly post a sign on the property indicating the use of such a device. Any electronic fence must not be installed closer than ten (10) feet to any public sidewalk or property line.

(Ord. 2274)

Any dog found running at large that appears dangerous, fierce or vicious, and cannot be safely apprehended and impounded without endangering some person, the Animal Control Officer or a law enforcement officer is authorized to use that force reasonably necessary to restrain or put down the dog.

(Ord. 2274)

The owner/custodian of any animal shall take all reasonable measures to keep such animal from becoming a nuisance. It shall be unlawful for the owner/custodian of any animal to cause, permit or fail to exercise proper care and control to prevent such animal from performing, creating or engaging in an animal nuisance activity. For the purpose of this provision, “animal nuisance activity” is defined as any animal which:

(a)   When unprovoked, chases or approaches a person or domestic animal upon public property, public rights-of-way, or private property, owned or kept by any person other than the owner/custodian, in a menacing fashion or apparent attitude of attack. Menacing shall mean the display by an animal of a disposition, determination or intent to attack or inflict injury or harm to a human being or other domestic animal, including displays of growling, charging, lunging, snapping or biting;

(b)   When unprovoked, engages in a menacing behavior causing a person lawfully on abutting or adjoining private or public property or rights-of-way to reasonably believe the safety of the person is threatened. Particular attention shall be paid to threatened safety of children. Such menacing behavior may include displays of growling, snapping or biting, or behaviors such as charging or lunging at or against a fence or other barrier separating the owner/custodian’s premises from other public or private property. Attempts by an animal to cross outside the owner/custodian’s premises through, over or under a fence or barrier may constitute menacing behavior;

(c)   Damages public or private property by its activities or with its excrement;

(d)   Scatters refuse that is bagged or otherwise contained;

(e)   Causes any condition which threatens or endangers the health or well-being of persons or other animals.

If a notice to appear is issued charging violation of this section, a subpoena may also be issued to a complainant, witness or other person to testify under oath as to the animal nuisance activity.

(Ord. 1992, Sec. 1; Ord. 2274)

It shall be unlawful for the owner/custodian of any animal to permit such animal to make noise which is so loud or continuous that it disturbs a person or normal sensibilities. If a notice to appear is issued charging violation of this section, a subpoena may also be issued to the person who has been disturbed to testify to the disturbance under oath.

(Ord. 1992, Sec. 1; Ord. 2274)

The owner/custodian of any female cat or dog shall, during the period that such animal is in heat, keep it securely confined and enclosed within a building except when out upon such person’s premises briefly for toilet purposes.

(Ord. 1992, Sec. 1; Ord. 2274)

(a)   Any person owning or keeping a trained guard dog in the city (for the purpose of this section, a trained guard dog shall mean any dog used to guard public or private property, and whether the training was formal or informal) shall license such dog with the Animal Control Officer, who shall verify that such animal is controllable by its keeper and is confined in a manner that will not endanger persons not on the premises guarded.

(b)   A conspicuous notice shall be posted on the premises where any guard dog is kept to warn persons of the nature of the dog therein confined.

(c)   Any person operating a guard dog service in the city shall license such business with the Animal Control Officer and shall list all premises to be guarded with the Animal Control Officer before such service begins.

(d)   Annual Licensing fees pursuant to subsections (a) and (c) are as follows:

(1)   Private guard dog, IAW 2-408(a)                          $100.00

(2)   Commercial guard dog service IAW 2-408(c)        $400.00

(Ord. 1992, Sec. 1; Ord. 2274)

Any person owning or keeping any dog over six (6) months of age shall license such dog as prescribed in Article VI of this chapter, except for persons who shall be required to license as a commercial animal establishment.

(Ord. 1992, Sec. 1C; Ord. 2274)

Any person owning or keeping any cat or dog over one hundred twenty (120) days of age shall be required to have such animal currently immunized against rabies. For the purpose of this chapter, “currently immunized or vaccinated against rabies” shall mean that such cat or dog has been inoculated against rabies by a licensed veterinarian within the past thirty-six (36) months. However, cats and dogs under one year of age which are inoculated must receive a second rabies inoculation within twelve (12) months.

(Ord. 1992, Sec. 1; Ord. 2274)

No animal shall be allowed to enter any theatre, store, or other public building in the city, whether accompanied by its owner/custodian or person in charge or otherwise, except with the approval of the building’s owner or manager. Formally trained assist dogs and police dogs engaged in law enforcement are exempt from this provision.

(Ord. 1992, Sec. 1; Ord. 2274)

The owner/custodian of any animal, when such animal is off the owner/custodian’s property, shall be responsible for the removal of any feces deposited by such animal on public walks, streets, recreation areas, or private property and it shall be a violation of this section for such owner/custodian to fail to remove or provide for the removal of such feces before taking such animal from the immediate area where such defecation occurred.

(Ord. 1992, Sec. 1; Ord. 2274)

(Ord. 2126; Code 2016; Ord. 2274)

(a)   The owner/custodian, as defined in this chapter, of any animal shall immediately report to the animal pound, health department, hospital or police department any incident in which the animal has actually bitten any person or domestic animal, regardless of circumstances, and shall cause the animal to be confined in a secure enclosure or building until an investigation is conducted by the proper authority.

(b)   In the case where the animal is not current on its rabies vaccinations, the animal will be impounded and confined in the city pound for a period of ten (10) days for observation. The cost for this confinement will be borne by the animal’s owner/custodian.

(Ord. 2126; Code 2016; Ord. 2274)