Chapter 5-2
ANIMAL CONTROL
SECTION:
5-2-3: DOG LICENSING REQUIREMENTS
5-2-4: PERMITS FOR ANIMAL ESTABLISHMENTS, ANIMAL SHELTERS
5-2-5: LICENSE AND PERMIT ISSUANCE OR REVOCATION
5-2-6: KEEPING DOGS UNDER RESTRAINT
5-2-7: IMPOUNDMENT AND VIOLATION; NOTICE
5-2-10: PERFORMING ANIMAL EXHIBITIONS
5-2-11: REMOVAL OF ANIMAL WASTE
5-2-12: ISOLATION OF BITING ANIMALS
5-2-1 DEFINITIONS:
As used in this chapter, the following terms shall mean:
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ANIMAL: |
Any live, vertebrate creature, domestic or wild, except livestock. |
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ANIMAL CONTROL OFFICER: |
A person or persons designated by Huntington City to enforce the provisions of this chapter, including the collection of licensing and permit fees and the performance of other delineated duties. |
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ANIMAL SHELTER: |
Any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding animals held under the authority of this chapter or state law. |
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AUCTION: |
Any place or facility where animals are regularly bought or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners. |
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CIRCUS: |
A commercial variety show featuring animal acts for public entertainment. |
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CITY: |
Cities or towns in Emery County that have entered into an agreement with Emery County for the purpose of animal control. |
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COMMERCIAL ANIMAL ESTABLISHMENT: |
Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel. |
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COUNTY: |
All unincorporated areas of Emery County. |
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EUTHANASIA/HUMANE KILLING: |
Killing by an instantaneous and/or painless method. |
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EXCESSIVE NOISE/NUISANCE BARKING: |
Noise which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property of one (1) or more person's occupying property in the community or neighborhood, within reasonable proximity to the property where the dog or dogs are kept. Factors that the animal control officer may use to determine whether the excessive noise/nuisance barking is excessive may include, but are not limited to the following: |
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A. The nature, frequency and volume of the noise, tone and repetitiveness. Continuously barking for ten (10) minutes or intermittently for thirty (30) minutes in a three (3) hour period. |
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B. The time of day or night. |
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C. The distance from the complaining or affected party or parties. |
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D. The number of neighbors affected by or complaining about the noise. |
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E. Any other relevant evidence demonstrating the barking is unduly disruptive; and whether the dog is being provoked. |
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GROOMING SHOP: |
A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed. |
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INTERFERENCE WITH AN OFFICER: |
Preventing or attempting to prevent an officer from performing his/her duties as described in Huntington City Code in a physical or verbal manner. |
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KENNEL: |
Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, or any premises used in the keeping of four (4) or more dogs over six (6) months old. |
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KENNEL LICENSE: |
A kennel license will be required for any premises used in the keeping of four (4) or more dogs over six (6) months old and any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs. Kennel license fees will be established by resolution of the city council. |
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LICENSING AUTHORITIES: |
Huntington City, by and through its clerks and/or animal control officer. |
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LIVESTOCK: |
Cows, horses, pigs, sheep and any other animal commonly kept for its meat, hide, milk, eggs, hair or fur, or for riding purposes, not including dogs, cats or animals commonly used as pets. |
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OWNER: |
Any person, partnership, or corporation owning, keeping or harboring one or more animals, or any said person, partnership or corporation who allows another person, partnership or corporation to keep or harbor one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more. |
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PERFORMING ANIMAL EXHIBITION: |
Any spectacle, display, act or event other than circuses, in which performing animals are used. |
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PET: |
Any animal kept for pleasure rather than utility. |
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PET SHOP: |
Any person, partnership or corporation, whether operating separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animal other than livestock or farm animals. |
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PUBLIC NUISANCE OR NUISANCE ANIMALS: |
Any animal or animals which: |
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A. Molests passersby or passing vehicles by chasing, biting, growling, jumping on, bumping, attacking or threatening to attack the same; provided, however, that mere barking from a distance of ten feet (10') or greater shall not be considered molesting. |
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B. Attacks other animals. |
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C. Trespasses on school grounds. |
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D. Is found at large more than once in a six (6) month period (other than cats). |
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E. Damages private or public property (including scattering garbage from garbage cans and depositing excreta on such property). |
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F. Barks, whines or howls excessively or continuously as reported by two (2) or more witnesses; or as is set forth in section 5-6-2 (E) of this code. |
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G. Animals shall not be allowed in city parks or any city event; with the exception of "service animals" as defined by section 62A-5b-102, Utah Code and as defined in U.S.C. 12102 of the Americans with Disabilities Act of 1990. |
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H. It shall be unlawful for any person to permit any dog or dogs under his or her charge, care, custody or control to emit any excessive noise or excessive barking after the animal control officer has issued a written notice. |
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RESTRAINT: |
Any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner. |
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RIDING SCHOOL OR STABLE: |
Any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro. |
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SERVICE ANIMAL: |
As defined in section 62A-5b-102, Utah Code and as defined in U.S.C. 12102 of the Americans with Disabilities Act of 1990. "Service animal" includes any dog that: |
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A. Is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. |
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B. Performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including: 1. Assisting an individual who is blind or has low vision with navigation or other tasks. 2. Alerting an individual who is deaf or hard of hearing to the presence of people or sounds. |
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C. "Service animal" does not include: 1. An animal other than a dog, whether wild or domestic, trained or untrained; or 2. An animal used solely to provide: a. A crime deterrent; b. Emotional support; c. Well-being; d. Comfort or companionship. |
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VETERINARY HOSPITAL: |
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. |
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VICIOUS ANIMAL: |
Any animal that growls, bites, lunges, attacks, takes a defensive stance, or attempts to do the same to any person or other animal. (Ord. 4-2011) |
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WILD ANIMAL: |
Any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other animal which can normally be found in the wild state. |
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ZOOLOGICAL PARK: |
Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals operated by a person, partnership, corporation government agency. (Ord. 4-2021, 9-15-2021; Ord. 8-1A, 7-9-1980; amd. 2007 Code) |
5-2-2 ANIMAL CONTROL OFFICER:
A. Duties: The following duties shall be imposed on the animal control officer:
1. The animal control officer shall see that all dogs and dog kennels in the incorporated areas of the city be required to have a license or permit and shall comply with this chapter.
2. The animal control officer shall collect the dead carcasses of all domesticated animals from the streets and other public places in the city and deliver them to a place designated by the city council.
3. The animal control officer shall keep a register showing the breed, sex and color of each animal impounded and date and reason for such impounding and the disposition of the animal.
4. The animal control officer shall perform all duties incumbent on him under Utah Code Annotated section 4-25-1 et seq., the Utah Agricultural Code, as amended; provided, that any contracts with the State Department of Agriculture shall be approved by the city council prior to becoming effective.
B. Interference With Officer: It shall be a violation of this chapter to interfere with the animal control officer in the performance of his duties. (Ord. 8-1A, 7-9-1980)
C. Recommended Procedures: As a recommendation and not by order, when dealing with individual owners of a pet or pets (not a Commercial Animal establishment) the Animal Control Officer of Huntington City should:
1. On the first time offense for that animal, issue a verbal warning.
2. On the second offense for that animal, issue a written warning.
3. On the third offense for that animal, impound the animal.
4. On the forth offense for that animal, impound the animal and issue a citation.
5. On all subsequent offenses for that animal, impound the animal and issue a citation.
6. When the animal is unable to be identified, and the animal control officer has no knowledge of the owner, it may be necessary to impound the animal immediately.
7. Present warning and citations in person, whenever possible, by mail or with a door hanger, only after a reasonable effort has been made to contact the owner in person.
8. Huntington city council recognizes that there may be instances, caused by unusual circumstances, when these procedures may not be followed. These instances should be reviewed by the animal control officer and his/her immediate supervisor on the city council. (Ord. 4-2011)
D. Required Procedures: The animal control officer shall patrol the city for at large animals as needed by the mayor or a council person and be available to respond to citizens' concerns in a timely manner day or night. While performing his/her duties, the animal control officer shall:
1. Keep a written record (log) of all verbal and written warnings, impoundments and citations issued and make this log available to any member of the city council upon request.
2. Review this log with the supervising city council person or mayor on a monthly basis.
3. Use a camera provided by the city, to take pictures of all incidents and impounded animals. Notations will be made in the log to document and catalogue the pictures.
4. Treat this log as the legal document that it is and recognize that it will be used in court proceedings as evidence. As such it must be accurate, complete and in detail. The log should state the time, the place, and competent description of the animal, a description of the event, and, if possible, the name of the owner of the dog and the dog tag number. The pictures will also be used in court as evidence.
E. The following duties shall not be imposed on the animal control officer:
1. The animal control officer is not responsible and shall not remove dead animals from private property.
2. The animal control officer will not collect or remove dead carcasses of livestock or wild game from public or private property. (Ord. 4-2021, 9-15-2021; Ord. 4-2017, 4-19-2017)
5-2-3 DOG LICENSING REQUIREMENTS:
A. License Required: Any person owning, keeping, harboring or having custody of any dog over six (6) months within the city must obtain a license as herein provided. Anyone owning four (4) or more dogs whether spayed, neutered, altered or intact will be required to obtain a kennel license. (Ord. 5-2, amd. 2011 Code)
B. Application for License:
1. Filing; Contents: Written application for license shall be made to the Huntington City office staff. Said application shall include the name and address of the applicant, phone number, description of the animal, the appropriate fee, and rabies certificate issued by a licensed veterinarian or rabies clinic.
2. Time for Filing: Application for a license must be made within thirty (30) days after obtaining a dog over six (6) months of age.
C. Term of License:
1. If not revoked, licenses for the keeping of dogs shall be for a period of up to one (1) year.
2. The licensing period shall begin with the calendar year and shall run for one (1) year. Application for a renewal license may be made thirty (30) days before, and up to sixty (60) days after, the start of the calendar year. (Ord. 8-1A, 7-9-1980)
D. License Fees:
1. Fees Established: A license shall be issued after payment of the applicable fee. Fees will be established by resolution of the city council.
2. Duplicate License; Fee: A duplicate license may be obtained upon payment of the fee established by resolution of the city council. (Ord. 8-1A, 7-9-1980; amd. 2007 Code)
E. Tag and Collar:
1. Issuance Of Tag: Upon acceptance of the license application and fee, the Huntington City office staff shall issue a durable tag stamped with an identifying number. Tags should be designed so that they may be conveniently fastened or riveted to the animal's collar or harness.
2. Tags Required on Dogs: Dogs must wear identification tags or collars at all times when off the premises of the owners.
3. Record of Tags Maintained: The Huntington City office staff shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public.
F. Failure to Obtain License; Fine: Persons who fail to obtain a license as required within the time period specified in this section will be subject to a fine established by resolution of the city council.
G. Using License for Another Animal: No person may use any license for any animal other than the animal for which it was issued. (Ord. 8-1A, 7-9-1980)
H. Citation for Unlicensed Dog; Fine: If a citation for an unlicensed dog is issued, the fine will be established by resolution of the city council, with a reduction allowable only for the amount of the license fee, if said license has been obtained before court appearance. If a license has not been obtained, the license fee shall be in addition to the fine, and a license must be obtained within seven (7) days of court appearance. (Ord. 4-2021, 9-15-2021)
5-2-4 PERMITS FOR ANIMAL ESTABLISHMENTS, ANIMAL SHELTERS:
A. Permit Required:
1. Commercial Establishments: No person, partnership or corporation shall operate a commercial animal establishment or animal shelter without first obtaining a permit in compliance with this section.
2. Separate Enterprises: Every facility regulated by this chapter shall be considered a separate enterprise and requires an individual permit.
B. Compliance With Laws: All such establishments or shelters shall comply with the provisions of this chapter and other applicable laws.
C. Issuance Of Permit: Upon a showing by an applicant for a permit that he is willing and able to comply with the regulations and provisions of this chapter, a permit shall be issued, upon payment of the applicable fee.
D. Term Of Permit; Application:
1. The permit period shall begin with the calendar year and shall run for one year. Renewal applications for permits shall be made thirty (30) days prior to, and up to sixty (60) days after, the start of the calendar year.
2. Application for permit to establish a new commercial animal establishment under the provisions of this chapter may be made at any time. (Ord. 8-1A, 7-9-1980)
E. Repealed with Ordinance 4-2011.
F. Permit Fees; Exception:
1. Annual Permits: Annual permits shall be issued upon payment of the applicable fees, which may be amended by resolution of the city council. (Ord. 8-1A, 7-9-1980; amd. 2007 code)
2. Exception To Fee Requirement: No fee may be required to pay any veterinary hospital, animal shelter or government operated zoological park.
G. Kennels for Breeding; Licensing of Dogs and Cats: Persons operating kennels for the breeding of dogs or cats must obtain a kennel license. (Ord. 8-1A, 7-9-1980)
H. Failure To Obtain Permit; Penalty: Any person failing to obtain a permit before opening any facility covered in this section shall be guilty of a class B misdemeanor and, upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code. (Ord. 8-1A, 7-9-1980; amd. 2007 Code)
I. Change In Commercial Category: Any person who has a change in the category under which a permit was issued shall be subject to reclassification, and appropriate adjustment of the permit fee shall be made. (Ord. 4-2021, 9-15-2021; Ord. 8-1A, 7-9-1980)
5-2-5 LICENSE AND PERMIT ISSUANCE OR REVOCATION:
A. Inspection Of Animals And Premises: It shall be a condition of the issuance of any permit or license that the animal control officer shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspections is refused, revoke the permit or license of the refusing owner.
B. Revocation; Hearing; Relinquish Animals:
1. The animal control officer may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by said authorities, or any law governing the protection and keeping of animals, but only after said person is given a hearing with an opportunity to hear the evidence against him and to present evidence in his own defense and only after said licensing authorities shall make written findings of fact from such hearing which justify such revocation.
2. Any person whose permit or license is revoked shall, within ten (10) days thereafter, deliver to the county animal shelter all animals owned, kept, or harbored by such person, and no part of the permit or license fee shall be refunded. (Ord. 8-1A, 7-9-1980)
C. Falsified Information On Application:
1. If the applicant has withheld or falsified any information on the application, the animal control officer shall refuse to issue a permit or a license, or revoke the same if already issued.
2. Violation of this subsection shall be a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code. (Ord. 8-2A, 8-10-1983; amd. 2007 Code)
D. Cruelty To Animals Conviction: No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment. (Ord. 8-1A, 7-9-1980)
E. License Or Permit Denial; Reapplication; Fee: Any person having been denied a license or permit may not reapply for a period of thirty (30) days. Each reapplication fee shall be established by resolution of the city council. Fee may be amended by resolution of the city council. (Ord. 8-1A, 7-9-1980; amd. 2007 Code)
5-2-6 KEEPING DOGS UNDER RESTRAINT:
A. Restraint Required: All dogs shall be kept under restraint so as not to become a public nuisance.
B. Care And Control: No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.
C. Female Dog In Heat: Every female dog in heat shall be confined in a building or secured enclosure in such a manner that such female dog cannot come into contact with another animal, except for planned breeding.
D. Vicious Animals: Every vicious animal, as determined by the animal control officer, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
E. Control Of Biting Animal:
1. Any animal which bites, scratches or otherwise injures any human being will be impounded and treated as stated in section 5-2-12. The owner will be fined according to section 5-2-13(B). (Ord. 4-2011)
2. The owner of such animal shall be guilty of a class B misdemeanor with a minimum fine of one hundred dollars ($100.00) if the animal was or should have been known to be vicious. (Ord. 8-1A, 7-9-1980)
F. Vicious animal owner responsibility: Dogs determined by city animal control officer(s) as meeting the definition of vicious must complete an approved “Dog Citizenship” class within fourteen (14) days of occurrence of problem or issuance of citation. Animals may not reside within Huntington City limits without passing the required class in a timely manner. Failure by the dog owners to comply with this ordinance will result in one or more of the following:
1. Revoking of current dog license
2. Impoundment of animal
3. Class C misdemeanor charge for owner (Ord. 7-2012)
5-2-7 IMPOUNDMENT AND VIOLATION; NOTICE:
A. Right to Impound: Unrestrained dogs and nuisance animals shall be impounded and taken by the animal control officer, who therefore gives custody of the animal to the county animal shelter.
B. Notification of Owner: If by license tag or other means, the owner of an impounded animal can be identified, the animal control officer shall, immediately upon impoundment, notify the owner by telephone, mail or personal contact. (Ord. 8-1A, 7-9-1980)
C. Impound Fees: An owner reclaiming an impounded dog shall pay Huntington City a fee established by resolution of the city council. Impounded animals shall be reclaimed at the Emery County animal shelter, after showing proof of impound fee payment provided by Huntington City.
D. Issuance of Citation: In addition to, or in lieu of, impounding an animal found at large, the animal control officer or the sheriff's office may issue to the known owner of such animal a citation for ordinance violation. (Ord. 8-1A, 7-9-1980)
E. Livestock and Wild Game Excepted: Livestock and wild game shall not be governed by this chapter to the extent they are under the regulation and control of the State Department of Agriculture or fall under provisions of the Utah Department of Wildlife Resources. (Ord. 4-2021, 9-15-2021; Ord. 8-1A, 7-9-1980; amd. 2007 Code)
5-2-8 ANIMAL CARE:
A. Owner Responsibility: No owner shall have more than five (5) cats and four (4) dogs in a residence at any time. No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.
B. Cruelty; Permitting To Fight: No owner shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse an animal or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans or any type of cruelty as listed in Utah State Code 76-9-301. (Ord. 4-2011)
C. Abandonment: No owner of an animal shall abandon such animal.
D. Striking Animal With Vehicle:
1. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop and render such assistance as may be reasonably possible and shall immediately report such injury or death to the animal's owner.
2. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society.
E. Exposing Poisonous Substances: No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his property common rat poison mixed only with vegetable substance. (Ord. 4-2017, 4-19-2017; Ord. 8-1A, 7-9-1980; amd. 2007 Code)
5-2-9 KEEPING WILD ANIMALS:
A. Display Or Exhibition:
1. No person shall keep or allow to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee.
2. This section shall not be construed to apply to zoological parks performing animal exhibitions, or circuses, or animals duly permitted and licensed by the state division of wildlife resources.
B. Keeping As Pet: No person shall keep or permit to be kept any wild animal as a pet. (Ord. 8-1A, 7-9-1980)
5-2-10 PERFORMING ANIMAL EXHIBITIONS:
A. Use Of Chemicals Or Devices: No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause or is likely to cause, physical injury or suffering.
B. Equipment Used On Animals: All equipment used on a performing animal shall fit properly and be in good working condition. (Ord. 8-1A, 7-9-1980)
5-2-11 REMOVAL OF ANIMAL WASTE:
The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal on public walks, recreation areas or private property. (Ord. 4-2021, 9-15-2021; Ord. 8-1A, 7-9-1980)
5-2-12 ISOLATION OF BITING ANIMALS:
A. Isolation Requirements: Any animal which bites or, in the opinion of a licensed physician, otherwise exposes any person to the danger of any disease, shall be isolated in strict confinement, at the owner's expense, in the county animal shelter and observed for at least fourteen (14) days, ten (10) days for dogs and cats, after the day of infliction of the bite, with the exception that the following alternative to the ten (10) day isolation of dogs and cats is permitted:
Dogs and cats which have been isolated in strict confinement under proper care and under observation of a licensed veterinarian, in a pound, veterinary hospital or other adequate facility in a manner approved by the animal control officer, after five (5) days of veterinary observation, if upon conducting a thorough physical examination on the fifth day or more after inflicting of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease.
B. Euthanasia For Laboratory Examination: Notwithstanding the foregoing provisions, the animal control officer may authorize, with the permission of the owner and other legal restrictions permitting, the euthanasia of a biting animal for the purpose of laboratory examination for rabies using the florescent rabies and antibody (FRA) test in an approved public health laboratory. (Ord. 4-2021, 9-15-2021; Ord. 8-1A, 7-9-1980. Formerly 5-2-13)
5-2-13 PENALTY:
A. Penalty Imposed: Any person, individual, public or private corporation, government, partnership, or unincorporated association or firm violating any provisions of this chapter shall be guilty of a class B misdemeanor and, upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code. (Ord. 8-1A, 7-9-1980; amd. 2007 Code)
B. Mandatory Fines and Fees:
1. Fees will be established by resolution of the city council.
2. Impoundment fees for animals impounded within a six (6) month period will be established by resolution of the city council. (Ord. 4-2021, 9-15-2021. Formerly 5-2-14)