Chapter 2 · Animal Control and Regulation

Article 1. General Provisions

Sections 2-101 to 2-108 · 8 sections

2-101 Definitions.

As used in this chapter, unless the context otherwise requires:

(a)Animal — means every living vertebrate except a human being.

(b)Domestic Pet — means any domesticated animal which is kept for pleasure rather than utility.

(c)Fowl — means any and all fowl, domesticated and wild, male and female, single and plural.

(d)Keeping or Harboring — means any person who shall allow any animal to habitually remain or to lodge or to be fed within his home, store, yard, enclosure or place.

(e)Farm Animal — means an animal raised on a farm or ranch and used or intended for use as food or fiber.

(f)Retailer — means a person regularly engaged in the business of selling tangible personal property, services or entertainment for use or consumption and not for resale.

(g)Wild Animal — means a living mammal or marsupial which is normally found in the wild state, but shall not include a farm animal.

2-102 Animal nuisances.

No animal may be kept in the city under any condition constituting a nuisance. The board of health shall be authorized to abate any animal nuisance as provided by law and ordinances of the city.

2-103 Trespass on private property.

It shall be unlawful for any person or persons to picket any stock upon any land or property belonging to another within the city without the consent of the owner thereof or to picket such stock in a manner that the same can go upon the property.

2-104 Cruelty to animals.

It shall be unlawful for any keeper or harborer of any animal to:

(a)Fail to provide such sufficient and wholesome food; potable water; shade and protection from the weather, which shall include a structurally sound, weather-proof enclosure large enough to accommodate the animal; 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; or

(b)Abandon or leave any animal in any place. For the purpose of this provision, “abandon” means to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than twelve (12) hours without providing for adequate food, potable water and shelter for the duration of the absence; or turn out or release any animal for the purpose of causing it to be impounded; or

(c)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.

2-105 Same; treatment.

Any public health officer, law enforcement officer or licensed veterinarian, or any officer or agent of any duly incorporated humane society, animal shelter of other appropriate facility, may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals. Such officer, agent or veterinarian may inspect, care for or treat such animal or place such animal in the care of a duly incorporated humane society or licensed veterinarian for treatment, boarding or other care.

2-106 Same; expenses.

Expenses incurred for the care, treatment, boarding of any animal taken into custody, or euthanasia, pending prosecution of the owner or harborer of such animal for the crime of cruelty to animals shall be assessed to the owner or custodian as a cost of the case if the owner or harborer is adjudicated guilty of such crime.

2-107 Same; custody.

If a person is adjudicated guilty of the crime of cruelty to animals, and the court having jurisdiction over the crime is satisfied that an animal owned or possessed by such person would be in the future subjected to such crime, such animal shall not be returned to or remain with such person. The animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale or other disposition.

2-108 Disposition of animals.

An animal shall not be disposed of by an operator of an animal shelter until after expiration of a minimum of three (3) days of custody during which the public has clear access to inspect or recover the animal through time periods ordinarily accepted as usual business hours. Such an animal may at any time be released to the legal owner, moved to a veterinary hospital for treatment or observation, released in any manner, if such animal was a gift animal to an animal shelter, or euthanized by a licensed veterinarian if it appears to an officer of such animal shelter or to such veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose.