Chapter 7.07
ANIMAL BEHAVIOR

Sections:

7.07.010    Animals creating disturbance or nuisance.

7.07.020    Dangerous animals.

7.07.030    Vicious animals.

7.07.010 Animals creating disturbance or nuisance.

A.    It is unlawful for any animal owner or keeper to permit it to disturb the public’s health, safety or comfort by allowing the animal to make chronic animal noise.

1.    The community service officer or agent may, upon receiving a complaint alleging chronic animal noise, investigate and, if necessary, issue a warning notice to the animal owner or keeper. The notice shall contain:

a.    The definition of chronic animal noise.

b.    The nature and times of complaint.

c.    Penalties for the violation.

d.    A description of the means and methods suggested to and/or agreed upon with the owner for curtailing the problem.

e.    Time permitted to comply with the notice.

2.    If the violation continues after the time permitted by the notice to comply, a citation may be issued in accordance with subsection (A)(3) of this section.

3.    Citations for chronic animal noise shall only be issued upon one of the following:

a.    A complaint sworn by two or more persons living at different addresses, one of whom must be the original complainant, in the immediate neighborhood of the animal making the chronic noise and after completion of an investigation by community service officer or agent indicates that a citation is appropriate; or

b.    A complaint sworn by one person living in the immediate neighborhood of the chronic noise where additional date and time specific evidence is provided and after completion of an investigation by community service officer or agent indicates that a citation is appropriate.

B.    No owner or keeper of an animal shall permit the animal to defecate upon, to dig upon, injure or destroy public property or a public thoroughfare.

C.    No owner or keeper of an animal shall permit the animal to defecate upon, to dig upon, injure or destroy private property without the permission of the property owner.

D.    No owner or keeper of an animal shall permit it to upset, disturb, or place garbage on public or private property. (Ord. 03-06 § 1 (part), 2003.)

7.07.020 Dangerous animals.

A.    The community service officer or agent has the authority to determine whether any animal has engaged in the behaviors specified in this section, thereby deeming the animal dangerous.

B.    It is unlawful for any owner or keeper to permit it to:

1.    Growl, snap at, jump upon, or otherwise menace, injure, or frighten persons or other animals; provided that this subsection shall not apply if the person or animal is trespassing or otherwise acting in violation of the law.

2.    Chase, run after, or jump at vehicles or persons using the public thoroughfares within the city limits.

C.    A person who owns or is in lawful possession of property upon which there is an animal who acts in the manner described in subsection B of this section, or who observes an animal who acts in the manner described in subsection B of this section, on public property or a public thoroughfare may take the animal into custody and hold the animal pending transfer to a community service officer or agent; provided no animal may be held in such private custody for more than twenty-four hours. A person who takes an animal into custody under this subsection shall:

1.    Immediately call the community service officer or agent to request a pick up of the animal.

2.    File a written witness statement with the community service officer or agent, describing the incident.

D.    Any animal who acts in the manner described in subsection B of this section, may be immediately impounded by the community service officer or agent. The community service officer or agent shall take the written witness statement of the person holding the animal or the written witness statement and may issue to the owner or keeper of the dangerous animal a citation or warning to comply. (Ord. 03-06 § 1 (part), 2003.)

7.07.030 Vicious animals.

A.    Any animal who bites a person or animal without provocation, or which, by its actions, gives indication that it is able to bite any person or animal without provocation, shall be deemed vicious.

B.    Any animal who bites a person or animal without provocation and is currently vaccinated, shall be immediately quarantined for no less than ten days at the expense of the owner. A date of euthanasia for the animal shall be scheduled for no less than forty-eight hours after completion of quarantine.

C.    Any animal who bites a person or animal without provocation and is unvaccinated, shall be immediately impounded and quarantined for no less than ten days at the expense of the owner or keeper, and the owner or keeper may be found in violation of Chapter 7.13, subject to fees and/or fines established within Sections 7.16.010 and 7.16.020, and to comply with Chapter 7.14. Before completion of quarantine, the owner or keeper will be given a written notice of the date of euthanasia. A date of euthanasia shall be scheduled for no less than forty-eight hours after completion of quarantine.

D.    Vicious animals shall be euthanized, as established in Section 7.11.010, by the community service officer or agent not less than forty-eight hours after providing actual written notice to the owner or keeper of the dog, by hand delivery to the owner or keeper, or by posting at the last known residence of the owner or keeper. Such notice shall advise the owner or keeper of the following:

1.    Planned time of euthanization of the animal;

2.    That the animal will be impounded and/or quarantined immediately upon issuance of notice;

3.    That the owner or keeper has an opportunity to be heard before the city manager, or the city manager’s designee, should they wish to appeal the community service officer’s or agent’s determination that the animal is vicious.

E.    The issues to be considered at any appeal hearing shall be limited to the following:

1.    Whether the animal bit a person or domestic animal;

2.    Whether the animal caused damage to property;

3.    Whether the bite or damage was without provocation;

4.    Whether the animal by its actions, gave indication that it is able to bite any person or animal without provocation.

F.    The owner or keeper of an animal deemed vicious has the option to have such animal euthanized by someone of their choosing (i.e., veterinarian, close acquaintance, etc.), providing proof of date, time, and location to community service officer or agent of the euthanasia.

G.    Animals whose owner or keeper cannot be identified or located by the community service officer or agent shall be impounded and quarantined for no less than ten days before being euthanized. If during such quarantine the owner or keeper becomes known, or a person claims to be the owner or keeper, that person shall be provided notice pursuant to subsection D of this section.

H.    Any animal deemed vicious and reasonably suspected of being rabid may, at the discretion of the community service officer or agent, be euthanized, before completion of quarantine and without notice to the owner or keeper. (Ord. 03-06 § 1 (part), 2003.)