Chapter 3
GENERAL PROVISIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223
10-3-1: DOGS AND CATS; LICENSE REQUIRED:
10-3-2: DOGS, CATS AND FERRETS; RABIES VACCINATION REQUIRED:
10-3-3: DOGS, CATS AND FERRETS; LIMITS:
10-3-4: DOG FANCIER PERMIT:
10-3-5: CAT FANCIER PERMIT:
10-3-6: RESTRAINING ANIMALS:
10-3-7: RUNNING AT LARGE:
10-3-8: IMPOUNDMENT:
10-3-9: RELEASE OF IMPOUNDED ANIMALS:
10-3-10: RESPONSIBILITY OF REPORTING PERSONS BITTEN BY ANIMALS:
10-3-11: SUSPICION OF RABIES BY ANIMAL CONTROL OFFICER OR HEALTH OFFICER:
10-3-12: RESPONSIBILITY OF OWNER TO QUARANTINE ANIMAL SUSPECTED OF RABIES:
10-3-13: DISPOSAL OF RABID ANIMALS:
10-3-14: RECORDS AND REPORTS OF RABIES:
10-3-15: REPORTING OF FOUND ANIMALS:
10-3-16: ANIMAL WASTE, ODOR AND NOISE:
10-3-17: FEE SCHEDULE:
10-3-18: PIGEON CONTROL:
10-3-19: LICENSED PET SHOPS:

10-3-1: DOGS AND CATS; LICENSE REQUIRED:linklink


A. Any person owning or possessing a dog or cat over the age of six (6) months must obtain, and thereafter continuously maintain for the life of the animal, a license issued by the city or its designee.


B. The annual fees for such licenses shall be paid in accordance with the fee schedule set forth in section 10-3-17 of this chapter.


C. Proof of vaccination as required by this title must be provided prior to the issuance of the license.


D. The owner of any dog or cat required to be licensed shall securely fasten about the neck of the animal a license tag provided by the city or its designee. It is unlawful for any person to:

1. Remove a license tag from any dog or cat not owned or lawfully possessed by such person.

2. Place on any dog or cat any license tag that does not relate to that particular animal.

3. Place on any dog or cat any counterfeit or imitation license tag.


E. In the event that a license tag is lost, it shall be the duty of the owner to procure a replacement tag from the city, or its designee, and pay the fee for a replacement tag set forth in section 10-3-17 of this chapter. (Ord. 433, 1-26-2010, eff. 3-1-2010)


F. The licensing functions and duties shall be performed by the department of business licensing, other city personnel as directed by the city manager, and any licensed veterinarian authorized by the city manager. A veterinarian authorized by the city manager to assist with animal licensing may retain one dollar ($1.00) per license from the license fees that the veterinarian collects. All other animal licensing fees collected by an authorized veterinarian shall be remitted to the city department of business licensing along with documentation of fees collected, the name of the licensee(s), the date of license issuance, the date of license expiration, a description of the licensed animal, the number of the tag issued, and the date of rabies vaccination. (Ord. 447, 9-13-2011, eff. 10-15-2011)


G. The city shall keep a register of all licenses issued, showing the name of the licensee, date of issuance, date of expiration, description of the animal, the number of the tag, and the date of rabies vaccination. (Ord. 433, 1-26-2010, eff. 3-1-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252385
10-3-2: DOGS, CATS AND FERRETS; RABIES VACCINATION REQUIRED:linklink


A. Any person owning or possessing a dog, cat or ferret over the age of six (6) months shall cause the same to be vaccinated for rabies within thirty (30) days of ownership or possession. Any person owning or possessing a dog, cat or ferret less than six (6) months of age shall have the same vaccinated for rabies by the time the animal is six (6) months in age.


B. At the time of vaccination, a vaccination tag shall be issued to the owner that shall be worn at all times by the animal to which it relates. (Ord. 433, 1-26-2010, eff. 3-1-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252386
10-3-3: DOGS, CATS AND FERRETS; LIMITS:linklink

Except as otherwise provided herein, no person shall keep more than three (3) dogs over the age of three (3) months at any one location or residence. Except as otherwise provided herein, no person shall keep more than three (3) cats over the age of three (3) months at any one location or residence. Except as otherwise provided herein, no person shall keep more than three (3) ferrets over the age of three (3) months at any one location or residence.

Notwithstanding the foregoing, and except as otherwise provided herein, no person having a combination of dogs, cats, and/or ferrets shall keep a combined total of more than five (5) dogs, cats, and/or ferrets over the age of three (3) months at any one location or residence1.

Notwithstanding the foregoing, a person meeting one or more of the above listed limitations may participate in an animal foster care program administered by an animal shelter or a nonprofit animal welfare or rescue organization with 26 USC section 501(c)(3) status. A person meeting one or more of the above listed limitations and participating in such a program may provide foster care at any one location or residence for up to two (2) additional animals for a period not to exceed ninety (90) days per animal. (Ord. 433, 1-26-2010, eff. 3-1-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252387
10-3-4: DOG FANCIER PERMIT:linklink


A. A person may keep up to six (6) dogs at one location or residence provided that such person:

1. Keeps such dogs for the purpose of showing them in recognized dog shows, obedience or field trials, for working or hunting, or for improving the variety of breed for exhibition in shows or trials;

2. Obtains a dog fancier's permit; and

3. Pays the annual dog fancier permit fee set forth in section 10-3-17 of this chapter.


B. A person with a cat fancier permit shall not be eligible for a dog fancier permit.


C. Subject to the foregoing, the granting of a dog fancier permit is at the discretion of the animal control officer for the purposes described above and may be conditioned to address health and safety concerns or to prevent the dogs from becoming a nuisance. Dog fancier permits are site specific and nontransferable. (Ord. 433, 1-26-2010, eff. 3-1-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252388
10-3-5: CAT FANCIER PERMIT:linklink


A. A person may keep up to six (6) cats at one location or residence provided that such person:

1. Keeps such cats for the purpose of showing them in recognized cat shows or for improving the variety of breed for exhibition in shows or trials;

2. Obtains a cat fancier's permit; and

3. Pays the annual cat fancier permit fee set forth in section 10-3-17 of this chapter.


B. A person with a dog fancier permit shall not be eligible for a cat fancier permit.


C. Subject to the foregoing, the granting of a cat fancier permit is at the discretion of the animal control officer for the purposes described above and may be conditioned to address health and safety concerns or to prevent the cats from becoming a nuisance. Cat fancier permits are site specific and nontransferable. (Ord. 433, 1-26-2010, eff. 3-1-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252389
10-3-6: RESTRAINING ANIMALS:linklink

Every person who is the owner of any animal, or keeps the same upon his/her premises or under his/her care, custody or control, shall keep the animal restrained by a fence, cage, coop, chain, leash or other adequate means so that said animal shall not leave or escape from the premises upon which it shall be kept. (Ord. 433, 1-26-2010, eff. 3-1-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252390
10-3-7: RUNNING AT LARGE:linklink


A. It is unlawful for any person owning or possessing any animal to permit the same to run at large or trespass on any public or private property without being confined or contained on the owner, caretaker or responsible party's property or under the control of a leash.


B. Any animal running at large or not restrained under the control of a leash as required by this title shall be impounded and kept at an animal shelter for a period of at least seventy two (72) hours. Nothing in this section shall prevent the release of the animal sooner if so directed by the animal control officer. (Ord. 532, 1-9-2018, eff. 1-31-2018)


C. Any animal impounded pursuant to this section may be reclaimed within seventy two (72) hours upon:

1. Proof of ownership or lawful possession, and

2. Payment of applicable impound and boarding fees as set forth in section 10-3-17 of this chapter.

3. Compliance with this title and other law related to animals.


D. When a seriously injured, sick or suffering animal is taken into custody of an animal control officer, the animal may be taken to a veterinarian for an examination. If in the opinion of the animal control officer, it is in the best interests of the animal that the animal be destroyed, the animal control officer may promptly authorize humane euthanasia of the animal. The cost of any veterinary care or veterinary consultation, ordered by the animal control officer, shall be an obligation of the owner of the animal.


E. After seventy two (72) hours, any animal impounded pursuant to this section is considered abandoned and may be made available for adoption or destroyed. (Ord. 433, 1-26-2010, eff. 3-1-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252391
10-3-8: IMPOUNDMENT:linklink


A. An animal may be impounded by an animal control officer or police officer when such officers have probable cause to believe that the owner or person possessing such animal is in violation of this title or other law related to animals.


B. Any animal impounded pursuant to this section shall be released to its owner or person lawfully possessing it upon final disposition of all criminal charges or citations relating to the impoundment, unless otherwise ordered by a court of law. Nothing in this section shall prevent the release of the animal sooner if so directed by the animal control officer. (Ord. 433, 1-26-2010, eff. 3-1-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252392
10-3-9: RELEASE OF IMPOUNDED ANIMALS:linklink


A. No animal impounded pursuant to the provisions of this title shall be released until the owner or person lawfully possessing such animal is in compliance with all of the applicable provisions of this title and pays any and all outstanding fines/fees.


B. Prior to the release of any animal impounded for over twenty four (24) hours pursuant to the provisions of this title, the location where the animal resides may be subject to inspection to ensure that the animal is properly restrained and cared for. (Ord. 433, 1-26-2010, eff. 3-1-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252393
10-3-10: RESPONSIBILITY OF REPORTING PERSONS BITTEN BY ANIMALS:linklink

It shall be the duty of anyone with knowledge that an animal has bitten a person to report the same to an animal control officer, Health Officer, or police officer and to provide all pertinent information requested by them. (Ord. 433, 1-26-2010, eff. 3-1-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252394
10-3-11: SUSPICION OF RABIES BY ANIMAL CONTROL OFFICER OR HEALTH OFFICER:linklink

If an animal control officer or Health Officer suspects an animal has rabies, the officer may impound such animal for examination by a veterinarian. For purposes of this section an animal will be suspected of having rabies whenever it bites another animal or person. If the animal is afflicted with rabies, it shall be confined for such time or disposed of as the animal control officer directs. Any confinement, quarantine or disposal pursuant to this section will be at the owner's expense. (Ord. 433, 1-26-2010, eff. 3-1-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252395
10-3-12: RESPONSIBILITY OF OWNER TO QUARANTINE ANIMAL SUSPECTED OF RABIES:linklink

A person that knows or has reason to know that an animal is infected with rabies, has been exposed to rabies, or has been bitten by another animal infected with rabies shall immediately notify an animal control officer, and, if such person is the owner or has lawful possession of the animal, shall surrender the animal to such officer. For purposes of this section an animal will be suspected of having rabies whenever it bites another animal or person. In the event an animal taken into custody pursuant to this section is afflicted with rabies, the animal shall be confined for such time or disposed of as the animal control officer directs. Any confinement, quarantine or disposal of an animal pursuant to this section shall be at the owner's expense. (Ord. 433, 1-26-2010, eff. 3-1-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252396
10-3-13: DISPOSAL OF RABID ANIMALS:linklink

Disposal of a rabid animal shall be in such manner as to preserve intact the head. Such head shall promptly and without delay be properly removed and packaged for shipment for laboratory analysis as prescribed by the Health Officer. (Ord. 433, 1-26-2010, eff. 3-1-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252397
10-3-14: RECORDS AND REPORTS OF RABIES:linklink

It shall be the duty of the animal control officer(s) to keep an accurate record of all reports of nonhuman mammal bites, including the time of report, person making the report and disposition of the case. Each such case shall be investigated and the animal properly quarantined or impounded in accordance with the provisions of this chapter. (Ord. 433, 1-26-2010, eff. 3-1-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252398
10-3-15: REPORTING OF FOUND ANIMALS:linklink

Any person who takes custody of any lost or abandoned animal, or any unknown animal running at large, shall report the animal as such to an animal control officer within twenty four (24) hours after taking custody thereof. A person taking custody of a known animal running at large, shall report the animal to an animal control officer if said person is unable to return the animal to its owner within forty eight (48) hours. (Ord. 433, 1-26-2010, eff. 3-1-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252399
10-3-16: ANIMAL WASTE, ODOR AND NOISE:linklink


A. No person having, owning or possessing an animal shall permit, either wilfully or through failure to exercise due care, such animal to excrete any solid waste upon any public or private property (unless such private property is under the ownership or control of said person). No violation of this section shall occur if the owner or person having custody of the offending animal properly and voluntarily removes and properly disposes of the solid waste.


B. No person shall permit any animal related odors to permeate from property such person owns or possesses which is injurious to the public health, indecent or offensive to the senses of a reasonable person, or which constitutes an unreasonable intrusion into the quiet enjoyment of another's property.


C. No person owning or possessing an animal shall permit such animal to bark, yelp, bray or make other noises in such a manner that, because of the duration or repetition of the noise, a reasonable person would consider an unreasonable intrusion into the quiet enjoyment of their property. Barking, yelping, braying or other noise from an animal that continues in duration or repetition for over thirty (30) minutes shall be deemed to be per se unreasonable. (Ord. 433, 1-26-2010, eff. 3-1-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252400
10-3-17: FEE SCHEDULE:linklink

The following fees shall apply to the following services:

Service/License/Permit   Fee  
Adoptions:    
  Cats or ferrets (includes annual cat license fee for first year)   $  40.00  
  Dogs (includes annual dog license fee for first year)   60.00  
  Gerbils, hamsters, rabbits   15.00  
Return to owner:    
  1st impound   None   
  2nd impound   50.00  
  3rd impound   75.00  
  4th impound   100.00  
  All additional impounds   125.00  
Board per day after the first 24 hours   10.00  
Euthanasia   10.00  
Disposal   10.00  
Inspection:    
  Dangerous animal   100.00  
  Nondangerous animal:    
  Initial   25.00  
  Follow up   15.00  
Annual license fee:    
  For sterilized cats, dogs   6.00  
  For unsterilized cats, dogs   20.00  
License tag replacement   5.00  
Cat fancier permit   25.00  
Dog fancier permit   25.00  

(Ord. 433, 1-26-2010, eff. 3-1-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252401
10-3-18: PIGEON CONTROL:linklink


A. Public Nuisance Declared: The roosting or lingering of feral pigeons poses a health hazard in addition to offending the aesthetic senses by pigeon contamination. Such roosting or lingering of feral pigeons is declared to be a public nuisance.


B. Unlawful Activities: It shall be unlawful for any person to encourage the lingering, roosting and/or congregating of feral pigeons by providing food, including, but not limited to: grain, seeds, greens, breadcrumbs and miscellaneous food scraps intended for pigeon ingestion on public or residential property.


C. Penalties: Any person convicted of a violation of any provision of this section shall be subject to the following penalties:

1. A maximum fine of not more than one thousand dollars ($1,000.00) on a misdemeanor or a period of confinement in the city jail not to exceed six (6) months. (Ord. 486, 8-12-2014, eff. 9-1-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252402
10-3-19: LICENSED PET SHOPS:linklink


A. No pet shop shall display, sell, deliver, offer for sale, barter, auction, give away, broker or otherwise transfer or dispose of a dog, cat, or potbelly pig except for a dog, cat or potbelly pig obtained from an animal shelter, nonprofit humane society or nonprofit animal rescue organization.


B. Each pet shop shall maintain records sufficient to document the source of each dog, cat and potbelly pig the pet shop acquires, for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to law enforcement officers and other city employees charged with enforcement of this title.


C. Violation of any part of this section shall be punishable as follows:

1. For a first offense, a fine of up to one thousand dollars ($1,000.00), but not less than seven hundred fifty dollars ($750.00).

2. For a second offense, revocation of business license, a fine of one thousand dollars ($1,000.00), and up to six (6) months in jail. (Ord. 501, 5-24-2016, eff. 6-15-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=63223#s1252403


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: Citizens are reminded that homeowners' associations may have more restrictive regulations.