TITLE 6
Chapters:
6.04 Animals Generally
6.08 Dogs
6.12 Bird Sanctuary
Sections:
6.04.010 Definitions.
6.04.020 Animals running at large.
6.04.030 Cruelty to animals in the second
degree.
6.04.040 Dyeing or selling
dyed chicks or rabbits.
6.04.050 Abandoning domestic animals prohibited.
6.04.060 Destruction of abandoned and suffering
animal.
6.04.070 Removal of animal excrement.
6.04.080 Violation--Penalty.
6.04.010 Definitions.
For the purpose of this chapter the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
“Abandon” means to forsake entirely, or to neglect or refuse to
provide or perform the legal obligations for care and support of an animal by
its owner, or his/her agent. Such abandonment shall constitute the
relinquishment of all rights and claims by the owner to such animal.
“At large” means off the premises of the owner, and not under the
control of the owner or his/her agent either by leash, cord, chain, or
otherwise.
“Owner” means every person having a right of property to an
animal and every person who keeps or harbors an animal, has it in his/her care,
or permits it to remain on or about the premises owned or occupied by him/her.
(CC § 90.01)
6.04.020 Animals running at large.
A. No person who is the
owner of any animal shall permit it to run at large in any public road,
highway, street, lane, or alley, or upon unenclosed land, or permit it to go on
any private yard, lot, or enclosure without the consent of the owner of the
yard, lot, or enclosure.
B. The owner of an animal
who permits it to run at large in violation of this section is liable for all
damages caused by such animal upon the premises of another. (CC § 90.02)
6.04.030 Cruelty to animals in the second
degree.
A. A person is guilty of
cruelty to animals in the second degree when except as authorized by law he/she
intentionally or wantonly:
1. Subjects any animal to
or causes cruel or injurious mistreatment through abandonment, participates
other than as provided in subsection B of this section in causing it to fight
for pleasure or profit, (including, but not limited to being a spectator or
vendor at an event where a four-legged animal is caused to fight for pleasure
or profit) mutilation, beating, torturing, tormenting, failing to provide
adequate food, drink, space, or health care, or by any other means; or
2. Subjects any animal in
his/her custody to cruel neglect; or
3. Kills any animal.
B. Nothing in this
section shall apply to the killing of animals:
1. Pursuant to a license
to hunt, fish, or trap;
2. Incident to the
processing as food or for other commercial purposes;
3. For
humane purposes;
4. For
any other purpose authorized by law. (CC § 90.03)
6.04.040 Dyeing or
selling dyed chicks or rabbits.
No person shall sell, exchange, offer to sell or exchange,
display or possess living baby chicks, ducklings, or other fowl or rabbits
which have been dyed or colored; nor dye or color any baby chicks, ducklings or
other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give
away baby chicks, ducklings or other fowl or rabbits, under two months of age
in any quantity less than six, except that any rabbit weighing three pounds or
more may be sold at an age of six weeks. (CC § 90.04)
6.04.050 Abandoning domestic animals prohibited.
No owner of a domestic animal shall abandon the animal. (CC §
90.05)
6.04.060 Destruction of abandoned and suffering
animal.
A. Any peace officer may
destroy or kill or cause to be destroyed or killed, any animal found abandoned
and suffering and not properly cared for, or appearing to be injured, diseased,
or suffering past recovery for any useful purpose.
B. Before destroying the
animal the officer shall obtain the judgment to that effect of a veterinarian,
or of two reputable citizens called by him/her to view the animal in his/her
presence, or shall obtain consent to the destruction from the owner of the
animal.
C. 1. Any animal placed in the custody of a licensed
veterinarian for treatment, boarding, or other care, which shall be unclaimed
by its owner or his/her agent for a period of more than ten (10) days after
written notice by registered or certified mail, return receipt requested, is
given the owner or his/her agent at his/her last known address, shall be deemed
to be abandoned and may be turned over to the nearest humane society, dog
pound, or animal shelter or disposed of as such custodian may deem proper.
2. The giving of notice
to the owner, or the agent of the owner of such animal
by the licensed veterinarian, as provided herein shall relieve the licensed
veterinarian and any custodian to whom such animal may be given of any further
liability for disposal.
(CC § 90.06)
6.04.070 Removal of animal excrement.
No person shall allow an animal under his/her control to be upon
public property or the property of another, absent the consent of the owner or
occupant of the property, without some device for the removal and containment
of the animal’s excrement; nor shall any person fail to remove any excrement
deposited on public or private property within the city by any animal under
his/her control. This section shall not apply to guide dogs under the control
of a blind person. (CO 114-95 § 1; CC 90.07)
6.04.080 Violation--Penalty.
A. Any person who
violates any provision of this chapter for which another penalty is not already
otherwise provided shall be guilty of a misdemeanor and shall be fined not more
than five hundred dollars ($500.00) for each offense. Each day the violation
exists shall constitute a separate offense.
B. Any person who
violates Section 6.04.030 shall be guilty of a misdemeanor and shall be fined
not more than five hundred dollars ($500.00), imprisoned for not more than
twelve (12) months, or both for each offense.
C. Any person who
violates Section 6.04.040 shall be guilty of a misdemeanor and shall be fined
not less than one hundred dollars ($100.00) nor more
than five hundred dollars ($500.00).
D. Any person who
violates Section 6.04.070 shall be guilty of a misdemeanor and shall be fined
twenty-five dollars ($25.00) for each offense. (CO 114-95 § 2; CC § 90.99)
Sections:
6.08.010 Dogs running at large.
6.08.020 Noise disturbance.
6.08.030 Impoundment.
6.08.040 Reclaiming impounded dog.
6.08.050 Violation--Penalty.
6.08.010 Dogs running at large.
It is unlawful for the owner or keeper of any dog, either
licensed or unlicensed, regardless of the age of the dog, to allow the dog to
be at large and unattended or to run in any street, park, lawn, garden,
schoolyard, playground, or on any other public or private property. (CC §
90.15)
6.08.020 Noise disturbance.
No person shall keep or harbor any dog within the city which, by
frequent and habitual barking, howling, or yelping, creates unreasonably loud
and disturbing noises of such a character, intensity, and duration as to
disturb the peace, quiet, and good order of one or more of the inhabitants of
two or more separate residences. Any person who shall allow any dog habitually
to remain, be lodged, or fed within any dwelling, yard, or enclosure which
he/she occupies or owns shall be considered as harboring the dog. (CC § 90.16)
6.08.030 Impoundment.
Every police officer, peace officer, or other authorized official
shall have the authority to apprehend any dog running at large in violation of
this chapter and any unlicensed dog in the city, and to impound such dog or
have such dog impounded in the appropriate place. (CC § 90.17)
6.08.040 Reclaiming impounded dog.
The owner of any dog so impounded may reclaim the dog upon the
payment of all appropriate fees and after fulfilling any and all other
requirements. (CC § 90.18)
6.08.050 Violation--Penalty.
Any person who violates any provision of this chapter for which
another penalty is not already otherwise provided shall be guilty of a
misdemeanor and shall be fined not more than five hundred dollars ($500.00) for
each offense. Each day the violation exists shall constitute a separate
offense. (CC § 90.99(A))
Sections:
6.12.010 Established.
6.12.010 Established.
The city ordains the establishment of a bird sanctuary in the
entire city with the assistance of the National Audubon Society. (CCO 1987-1)