Article 1. General Restrictions And Prohibitions linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=61377
5-2-101: Keeping Of Certain Animals, Fowl, And Reptiles Prohibited
5-2-102: Animals In Public Places
5-2-103: Special Permits
5-2-104: Feeding Pigeons And Other Birds Prohibited
5-2-105: Animal Defecation On Public And Certain Private Property
5-2-106: Dog Kennels Prohibited
5-2-107: Cat Kennels Prohibited
5-2-108: Rabbitry Prohibited
5-2-109: Keeping Bees Prohibited
5-2-110: Animal And Fowl Noise
5-2-111: Liability For Injury Or Damages
5-2-112: Interference With Law Enforcement Officers
5-2-113: Animals Infected With Rabies Or Hydrophobia
5-2-114: Delegation Of Licensing And Enforcement Functions

5-2-101: KEEPING OF CERTAIN ANIMALS, FOWL, AND REPTILES PROHIBITED: linklink


A. No person shall have, keep, or maintain any animal, fowl or reptile with the exception of dogs, cats, rabbits, parrots, parakeets, mynah birds, lovebirds, and other normally accepted psittacine birds, on any real property within the city.


B. The provisions of subsection A of this section shall not apply to:

1. The keeping of animals or reptiles by a research laboratory, hospital, or educational institution for experimental purposes.

2. Where a special permit has been granted by the city under the provisions of section 5-2-103 of this article. (1962 Code §§ 5-1.101, 5-1.102)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583139
5-2-102: ANIMALS IN PUBLIC PLACES: linklink

It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal drawn vehicle upon any public street, unless a special permit has been granted by the city under section 5-2-103 of this article. (1962 Code § 5-1.103)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583140
5-2-103: SPECIAL PERMITS: linklink


A. The official designated by the city may issue a special permit granting a temporary exception to section 5-2-101 or 5-2-102 of this article under the following conditions:

1. A permit may be issued for the temporary keeping of an animal, bird or reptile prohibited by section 5-2-101 of this article where such animal, bird or reptile will be kept in a safe and secure manner at all times, will not be disruptive to the neighborhood, and will not create a threat to the safety or property of any person.

2. A permit may be issued for the temporary riding, or driving of an animal upon a public street where the activity will not unduly interfere with traffic, and will not create an undue hazard to persons or property.


B. Any final decision of the official designated by the city to act on permits requested under this section may be appealed to the city council under title 1, chapter 4, article 1, of this code. (1962 Code §§ 5-1.102, 5-1.103)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583141
5-2-104: FEEDING PIGEONS AND OTHER BIRDS PROHIBITED: linklink


A. It shall be unlawful for any person to feed, or cause to be fed, pigeons on any public property, or on any property open to the public.


B. It shall be unlawful for any person to feed, or cause to be fed, any wild birds on private property where such feeding of birds creates a nuisance condition. For the purposes of this section, a nuisance condition shall include, but not be limited to, any unsanitary condition, or excessive noise, or property damage, caused by the feeding of such birds. (1988 Code; amd. Ord. 05-O-2486, eff. 11-25-2005; Ord. 09-O-2560, eff. 2-6-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583142
5-2-105: ANIMAL DEFECATION ON PUBLIC AND CERTAIN PRIVATE PROPERTY: linklink

It shall be unlawful for the owner or person having the charge or control of any animal to permit such animal to defecate and to allow the feces to remain upon any public or private property not owned or possessed by the owner or person having the charge or control of such animal, and the person shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper, or other container and dispose of it in a sanitary manner. A sightless person who has the charge or control of a guide dog shall be exempt from the provisions of this section. (1962 Code § 5-1.207; amd. Ord. 09-O-2560, eff. 2-6-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583143
5-2-106: DOG KENNELS PROHIBITED: linklink

No person shall own, conduct, keep, or maintain any dog kennel within the city. For the purposes of this section, "dog kennel" shall mean any lot, building, structure, or premises whereon or wherein four (4) or more dogs over the age of four (4) months are kept, harbored, or maintained for any purpose other than in a pet store for sale to the public or for care or treatment in an animal hospital. (1962 Code § 5-1.222; amd. Ord. 09-O-2560, eff. 2-6-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583144
5-2-107: CAT KENNELS PROHIBITED: linklink

No person shall own, conduct, or maintain any cat kennel within the city. For the purposes of this section, "cat kennel" shall mean any dwelling unit, structure, or premises whereon or wherein six (6) or more cats over the age of four (4) months are kept, harbored, or maintained for any purpose, other than in a pet store for sale to the public or for care or treatment in an animal hospital. (1962 Code § 5-1.105; amd. Ord. 09-O-2560, eff. 2-6-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583145
5-2-108: RABBITRY PROHIBITED: linklink

No person shall own, conduct, keep, or maintain any rabbitry within the city. For the purposes of this section, "rabbitry" shall mean any lot, building, structure, or premises whereon two (2) or more rabbits over the age of two (2) months are kept, harbored, or maintained for any purpose, other than in a pet store for sale to the public or for care or treatment in an animal hospital. (1962 Code § 5-1.106; amd. Ord. 09-O-2560, eff. 2-6-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583146
5-2-109: KEEPING BEES PROHIBITED: linklink

It shall be unlawful for any person to have, keep, or maintain any hive or swarm of bees within the city. The provisions of this section shall not apply to the keeping of bees within an educational institution for study or observation or within a physician's office or laboratory for medical research, treatment, or other scientific purposes provided the bees are not permitted to fly at large. (1962 Code § 5-1.104; amd. Ord. 09-O-2560, eff. 2-6-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583147
5-2-110: ANIMAL AND FOWL NOISE: linklink

No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any dog or other animal or fowl otherwise permitted to be kept which, by any loud or continuous cry, bark, howl, or other sound, unreasonably disturbs other persons as provided in section 5-1-210 of this title. (1962 Code § 5-1.107; amd. Ord. 09-O-2560, eff. 2-6-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583148
5-2-111: LIABILITY FOR INJURY OR DAMAGES: linklink


A. Any person owning, controlling, or having care or custody of any animal shall be liable for any injury caused by such animal, and for any damage caused to any public property, or to any private property.


B. Any person owning, controlling or having care or custody of any animal shall take such reasonable and necessary precautions as required to protect all persons from physical harm from such animal, and to protect the private property of any other person. (1962 Code §§ 5-1.108, 5-1.207; amd. Ord. 09-O-2560, eff. 2-6-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583149
5-2-112: INTERFERENCE WITH LAW ENFORCEMENT OFFICERS: linklink

It shall be unlawful for any person to interfere with, oppose, or resist any person enforcing provisions of this chapter, or any police officer, health officer, humane officer, or any of their deputies or assistants while engaged in the performance of any duty prescribed by the provisions of this chapter. (1962 Code § 5-1.202; amd. Ord. 09-O-2560, eff. 2-6-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583150
5-2-113: ANIMALS INFECTED WITH RABIES OR HYDROPHOBIA: linklink


A. It shall be the duty of the owner or person having charge of any animal known to have rabies or hydrophobia, or known to have been bitten by any animal having rabies or hydrophobia, either to kill such animals or to impound such animal in the pound designated by the city for observation to determine whether such animal has become infected with rabies or hydrophobia.


B. Police officers, the health officer, and officials authorized to enforce provisions of this chapter, and their assistants or deputies are empowered to enter upon private property for the purpose of ascertaining whether any animal kept or harbored thereon is afflicted with rabies or hydrophobia.


C. Any animal which has bitten any person or animal, or any animal bitten by any other animal known to be infected by rabies or hydrophobia, or which has been exposed to rabies or hydrophobia, shall be isolated and quarantined for observation either upon the premises of the owner or custodian thereof or at the pound designated by the city, as deemed advisable by the health officer or other official charged with responsibility for enforcing the provisions of this chapter.


D. Any animal isolated and quarantined under the provisions of this section shall not be released therefrom except upon the authorization of the health officer or other designated official. Any animal determined to have rabies or hydrophobia shall be destroyed. (1962 Code §§ 5-1.218, 5-1.219, 5-1.220; amd. Ord. 09-O-2560, eff. 2-6-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583151
5-2-114: DELEGATION OF LICENSING AND ENFORCEMENT FUNCTIONS: linklink

The director of finance administration, with the approval of the city manager and city council, may delegate the licensing and enforcement functions of this chapter to any agency under contract with the city which is qualified to enforce animal regulation within the city. The director of finance administration shall promulgate such rules and regulations as necessary to ensure compliance with the licensing and enforcement provisions of this chapter where such functions are delegated to another agency under the provisions of this section. (1988 Code; amd. Ord. 09-O-2560, eff. 2-6-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=583152






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