Chapter 18 ANIMALS* ARTICLE I. IN GENERAL

Transcription

1 Page 1 of 15 Chapter 18 ANIMALS* *Cross references: Minimum housing requirements for domestic animals and pets, 22-67; environment, ch. 42; health and sanitation, ch. 54. State law references: Local Public Health Reorganization Act, V.T.C.A., Health and Safety Code et seq.; animals, V.T.C.A., Health and Safety Code et seq.; dangerous dogs, V.T.C.A., Health and Safety Code et seq.; Rabies Control Act of 1981, V.T.C.A., Health and Safety Code et seq.; livestock, V.T.C.A., Agriculture Code et seq.; permitting a head of cattle or a domestic turkey to run at large in certain counties, V.T.C.A., Agriculture Code ; cruelty to animals, V.T.C.A., Penal Code 42.09; dog fighting, V.T.C.A., Penal Code 42.10; certain tax exemptions for charitable organizations, V.T.C.A., Tax Code Sec Definitions. ARTICLE I. IN GENERAL The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal, unless otherwise stated, means any living creature, including but not limited to dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings. Animal control officer means the person designated by the city to represent and act for the city in the impoundment of animals, controlling of stray animals, and as otherwise required in this chapter. Animal shelter means any facility operated by a county or municipal agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter. At large means an animal that is not confined to the premises of its owner by a fence of sufficient strength and height to prevent the animal from escaping, inside the house or other enclosure, or secured on the premises by a leash of sufficient strength to prevent the animal from escaping from the premises when the leash is stretched to full length in any direction. An animal shall not be considered at large when held and controlled by some person by means of a leash or chain of proper strength and length to control the action of the animal, or while confined within a vehicle. Dog means dogs of all ages, both female and male. Exotic animal means lions, monkeys, elephants, kangaroos and any other animal that is not a native of this area. Fowl means chickens, turkeys, pheasant, quail, geese, ducks, or other similar feathered animals regardless of age, sex or breed. Livestock means horses, mules, donkeys, cattle, goats, sheep and swine, regardless of age, sex or breed.

2 Nuisance means any thing or animal which is injurious to the health or morals, or indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. They are declared a nuisance and as such shall be abated. Owner means any person who has legal or equitable title to any animal, harbors or keeps any animal in his possession, or who permits any animal to remain on or about his premises. Possession means actual care, custody, control or management of a certain animal. Premises means a parcel of land (one or more continuous lots) owned, leased or controlled by one or more persons. Prohibited animal means an animal not normally considered domesticated, including but not limited to the following: venomous lizard, poisonous snake, boa, python, leopard, cougar, lion, lynx, wolf, coyote, weasel, ferret, mink, racoon [raccoon], skunk, fox, bear, elephant, kangaroo, possum, armadillo, monkey, chimpanzee, antelope, deer, or any other exotic or wild animals capable of, or inclined to do, serious bodily harm to humans or other animals or fowl. Stray means to wander upon a public place or the property of another person. Vaccination means an injection of any vaccine for rabies approved by the Texas Board of Health and administered only by or under the direct supervision of a licensed veterinarian. Vicious dog means a dog that: (1) Makes an unprovoked attack on a person that causes serious bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. (Ord. No. 159-A, , 2-1, 1985; Code 1989, ) Cross references: Definitions generally, 1-2. Sec Disposal of dead animals. Page 2 of 15 (a) It shall be the responsibility of the owners of livestock to properly dispose of all dead animals within a 24- hour period. (b) It shall be the responsibility of the property owner to properly dispose of all dead animals on his property within 24 hours. However, dead dogs and cats placed in a sealed plastic bag will be picked up by the animal control officer when placed on the curb between 8:00 a.m. and 5:00 p.m. Monday through Friday and called in to the animal control center. (c) After 24 hours, the city may enter private property and remove any dead animal which the property owner has failed to do so. (d) Animal control has the authority to pick up any dead animal found on public property and dispose of it.

3 (Ord. No. 159-A, 2-38, 1985; Code 1989, ) Page 3 of 15 Cross references: Solid waste, ch. 86. Sec Tranquilizer guns. When acting in the course and scope of their employment, the animal control officers shall be and are authorized to carry on their persons or in the city vehicles, loaded tranquilizer guns approved by the chief of police and not in violation of any provision of the Texas Penal Code or any other applicable state law. (Ord. No. 159-A, 2-17, 1985; Code 1989, ) Cross references: Weapons generally, et seq. Sec Violation; citation; penalty. (a) The animal control officer shall have the authority to issue citations for any violation of this chapter. (1) It is unlawful for any person, upon being issued a citation, to intentionally or knowingly give the animal control officer other than his true name and address. (2) It is unlawful for any person to maintain any animal in any area which constitutes a nuisance by reason of repeated trespasses on public property, attacks on other animals or damage to public or private property. (b) If the person being cited is not present, the animal control officer may send the citation to the alleged offender by certified mail, or registered mail, return receipt requested, whereupon service shall be deemed completed. (c) It is unlawful to intentionally or knowingly fail to appear in accordance with the terms of a citation issued by the animal control officer. (d) Any person who violates the provisions of this chapter shall, for each violation, be deemed guilty of a misdemeanor and may be fined an amount up to $500.00; and each violation shall be construed to constitute a separate offense. (Ord. No. 159-A, 2-15, 2-16B, 2-45, 1985; Code 1989, , , ) Secs Reserved. Sec Fowl, rabbits and guinea fowl. ARTICLE II. KEEPING ANIMALS GENERALLY Fowl, rabbits and guinea fowl must be kept in a secure pen or enclosure that is at least 150 feet from any inhabited dwelling other than the residence of the person keeping the fowl, rabbits or guinea fowl. The pen or enclosure must be at least 50 feet from any adjoining property line. Any enclosure in which fowl, rabbits or guinea fowl are kept must be cleaned and disinfected daily. Litter and droppings from fowl, rabbits and guinea fowl must be collected daily and hauled away. These hutches must have traps or floors to keep droppings or urine from such animals off the ground. This provision shall not apply to persons who own as pets a total of five or less fowl, rabbits and guinea fowl, in any combination. (Ord. No. 159-A, 33, 1985; Ord. No , 4, 1993; Code 1989, )

4 Sec Pigeons. Page 4 of 15 (a) It is unlawful for any person who owns a pigeon to intentionally allow the pigeon to stray in the city. (b) It is unlawful for any person to knowingly be in possession of more than 25 pigeons on any premises in the city. (c) It is unlawful for any person to knowingly keep the enclosure in which such pigeons are confined in such a manner so as to give off odors offensive to persons, or to breed or attract flies, mosquitoes or other obnoxious insects. It is also unlawful to allow such pigeons to cause considerable noise to the disturbance of adjacent property owners so that the enjoyment of their property is disturbed or, in any manner, to endanger the public health or safety, or otherwise create a public nuisance. (Ord. No. 159-A, 2-34, 1985; Code 1989, ) Sec Bees. It is unlawful to keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the city. (Ord. No. 159-A, 2-35, 1985; Code 1989, ) Sec Noisy animals. No person shall willfully or knowingly keep or harbor in his possession or elsewhere any animal or fowl of any kind that makes or creates an unreasonable disturbance of the neighbors or the occupants of adjacent premises or persons living in the vicinity, or permit such animal to make or create disturbing noises by howling, crowing, bawling or otherwise. A person shall be deemed to have willfully and knowingly violated the terms of this section if such person has been notified by the animal control officer or any police officer of such disturbance and has failed or refused to correct such disturbance and prevent its recurrence. (Ord. No. 159-A, 2-15, 1985; Ord. No , 2, 1993; Code 1989, ) Cross references: Noise as a nuisance, Sec Odorous animals. It is unlawful for any person to maintain any animal or fowl in such a manner that residents of adjacent or nearby property are subject to obnoxious odors. All persons keeping animals shall keep their premises clean and free from obnoxious odors as well as flies, mosquitoes and other insects. (Ord. No. 159-A, 2-15(A), 1985; Code 1989, ) Sec Indecent exhibition. No person shall exhibit any stud horses or bull or other animal indecently, nor shall any person let any male animal to any female animal unless done in some place wholly enclosed and out of public view. (Ord. No. 159-A, 2-27, 1985; Code 1989, ) Sec City and school district exempted. Nothing in this chapter shall prohibit the city or the Lake Dallas Independent School District from taking title to

5 or possessing animals otherwise prohibited. Page 5 of 15 (Ord. No. 159-A, 2-44, 1985; Code 1989, ) Secs Reserved. Sec Fences and barriers. ARTICLE III. LIVESTOCK It is unlawful for any person to keep on premises under his control any livestock without providing adequate fences or barriers that will prevent such livestock from damaging shrubbery and other property situated on adjacent property. (Ord. No. 159-A, 2-39, 1985; Code 1989, ) Sec Running at large. Any livestock found running at large within the city limits shall be impounded by the city. If the animal control officer is unable to determine the ownership of the animal impounded, after it is held for a period of five days, it shall be placed up for public auction. (Ord. No. 159-A, 2-41, 1985; Code 1989, ) Sec Restrictions. (a) It is unlawful for any person to keep or permit the keeping of livestock on premises owned by him or under his control, except the following: There shall be a minimum of one and one-half acres (65,340 square feet) of grazing area for the first animal and three-fourths of an acre (32,670 square feet) of grazing area for each additional animal so long as the livestock are kept and maintained in a sanitary and humane manner, subject to inspection by the city. (b) Swine shall not be allowed. (c) It shall be unlawful for any person to keep livestock on premises under his control in such a manner that livestock will be kept closer than 150 feet from any person's living quarters. (Ord. No. 159-A, 2-40, 1985; Ord. No , 3, 1993; Code 1989, ; Ord. No , 1, ; Ord. No , 1, ) Sec Places prohibited to livestock. It is unlawful for any person to ride or allow any type of livestock upon any public school grounds, college grounds, public park, property or municipal grounds within the city except between curbs of streets or areas specifically designated as bridle paths or other designated riding or exhibiting areas for animals. On streets, horses shall be ridden as close as practicable to the curb. It is unlawful for any person to ride or allow any type of livestock upon the property of another within the city except with the prior express consent of the owner or persons in charge of such property. (Ord. No. 159-A, 2-43, 1985; Code 1989, ) Secs Reserved.

6 ARTICLE IV. DOGS AND CATS GENERALLY Page 6 of 15 Sec Number of dogs. It is unlawful to keep or harbor more than three dogs that are six months of age or older on any premises used or zoned for residential purposes. (Ord. No. 159-A, 2-32, 1985; Code 1989, ) Sec Number of cats. It is unlawful to keep or harbor more than three cats that are six months of age or older on any premises used or zoned for residential purposes. (Ord. No. 159-A, 2-31, 1985; Code 1989, ) Sec Vaccination required. All dogs and cats within the city four months of age or over shall be licensed and vaccinated and the license fee paid; however, before the license shall be issued, the owner of the animal must present a certificate from a licensed veterinarian showing that the animal has been vaccinated within the preceding 12 months. Such vaccination certificate shall reflect the name of the owner, his address, a description of the animal, the date of vaccination, the number of the vaccination tag and the kind of vaccination used. The veterinarian shall furnish the owner with a metal tag, on one side of which shall be stamped the words, "Vaccinated against rabies," and the date of the vaccination; this tag shall be securely attached to the collar or harness of the animal at all times. (Ord. No. 159-A, 2-2, 1985; Code 1989, ) Sec Registration. (a) No owner shall have within the city limits any dog or cat four months of age or over unless such dog or cat is currently registered with animal control. A current metal registration tag, issued by animal control, must be affixed to a collar or harness and must be worn at all times. Application for initial issuance or renewal of each registration must be made by the owner, in person, and be accompanied by a fee of $5.00. Registration certificates shall be renewed annually. If there is a change of ownership, the new owner shall have the registration transferred to his name, within ten days. There shall be no charge for the transfer. (b) Every person having care, control or custody of any dog which has received guard dog training must register such dog with the city. The owners of such dog must place an identification collar identifying the dog as a trained guard dog. This collar must be worn at all times. (Ord. No. 159-A, 2-3, 2-29, 1985; Code 1989, , ) [Sec.] Confinement of animals by enclosure or leash required. Any person owning, possessing or keeping an animal within the city, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such animal within an adequate fence or enclosure, or within a house, garage or other building, or shall keep such animal confined by a leash or chain affixed to the animal's collar and attached to some substantial stationary object adequate to prevent the animal from running at large. (Ord. No. 159-A, 2-4, 1985; Code 1989, ; Ord. No , I, ) [Sec.] Impoundment of animals running at large.

7 The animal control officer shall take into custody any animal found at large in the city, and shall impound the animal in the city animal shelter or such other place as may be designated for purposes of impoundment. Such impounded animal shall be held for a period of 72 hours; and at the end of this time, if the animal has not been claimed and the proper fee paid as prescribed in this chapter, the animal shall be disposed of. (Ord. No. 159-A, 2-5, 1985; Code 1989, ; Ord. No , II, ) Secs Reserved. *Cross references: Health and sanitation, ch. 54. Sec Rabies suspect; report and quarantine. ARTICLE V. RABIES* It shall be the duty of the owner, custodian or a veterinarian to report to the animal control officer all cases of rabies or suspected rabies of which any of those persons have knowledge. Any animal having rabies or rabies symptoms or suspected of having rabies, or which has been exposed to rabies, shall be immediately released by the owner to the city for confinement in a veterinary hospital approved by the city, or for confinement in the animal shelter; or immediately upon facts having come to the attention of the owner or custodian of such animal with respect to its being rabid or having been exposed to rabies, such dog, cat or other animal shall be immediately and securely quarantined and kept under the supervision of the animal control officer for a period of not less than ten days. (Ord. No. 159-A, 2-10, 1985; Code 1989, ) Sec Biters of persons; report and quarantine. When any dog, cat or other animal has bitten, scratched or otherwise attacked a person, that person or anyone having knowledge of such incident shall immediately notify the city; and such dog, cat or other animal shall be confined in an authorized agency or veterinary hospital for a period of ten days at the expense of the owner; and such dog, cat or other animal shall, during such period of confinement, be subject to inspection by the authorized agency's personnel or a licensed veterinarian. (Ord. No. 159-A, 2-11, 1985; Code 1989, ) Sec Testing. The fee for rabies testing is $ (Ord. No. 159-A, 2-12, 1985; Code 1989, ) Secs Reserved. Sec Authority to impound, kill or destroy. ARTICLE VI. IMPOUNDMENT The animal control officer shall have authority to do the following: Page 7 of 15

8 (1) Kill an animal which poses an imminent danger to a person or property and a real or apparent necessity exists for the destruction of the animal; (2) Impound an animal which is diseased and endangers the health and welfare of another animal or person; and (3) Destroy an impounded animal if the animal control officer determines that recovery of the animal is doubtful due to injury, sickness or disease. (Ord. No. 159-A, 2-6, 1985; Code 1989, ) Sec Fees. The owner of an impounded animal will pay the following fees in order to redeem the animal: (1) Class A, dogs and cats: First impoundment... $ Second impoundment Third and subsequent impoundments (2) Class B, goats, sheep, calves, colts: First impoundment Second impoundment Third and subsequent impoundment(s) (3) Class C, horses, cows, bulls, swine, deer, mules, donkeys: First impoundment Second impoundment Third and subsequent impoundments (4) Class D, prohibited, exotic or wild animals requiring capture by the animal control officer: First impoundment Second impoundment Third and subsequent impoundments (5) In addition, a daily care and handling charge will be added to the fee before redemption of the animal, as well as the actual cost of publishing any notice concerning the animal, and/or additional costs incurred by the city to capture, hold or care for the animal: a. Class A, $5.00 per animal; Page 8 of 15

9 b. Class B, $10.00 per animal; Page 9 of 15 c. Class C, $20.00 per animal; d. Class D, $60.00 per animal. (6) Any person claiming an animal that has not been vaccinated for rabies in accordance with this Code within the preceding 12 months from the date of redemption shall pay the impoundment fee; and before the animal is released, the owner shall sign an agreement form promising in writing that the animal will be vaccinated for rabies immediately upon release from the shelter. The owner shall then submit to the animal control officer, within five working days from the date of the agreement, proof of compliance with the agreement. Failure to provide such proof shall constitute an offense under section Should such a statement be signed and the animal be impounded again without yet having been vaccinated as agreed, the impoundment fee shall be $ plus $12.00 per day for daily care. Third and subsequent impoundments of an animal not yet vaccinated as agreed shall be $ plus $25.00 per day for daily care. (7) A lawful owner may release to the animal control officer a dog or cat, but the owner must first sign a release form and pay a fee of $ (Ord. No. 159-A, 2-7, 1985; Ord. No , 1, 1993; Code 1989, ; Ord. No , I, ) Sec Nursing baby animals. Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering. (Ord. No. 159-A, 2-30, 1985; Code 1989, ) Sec Release; sale. No animal impounded by virtue of this article shall be released to the owner until all such costs and fees have been paid and until the person applying for the release of such animal has signed an affidavit to the effect that he is the owner of the animal and entitled to possession of it. If the owner has failed to redeem the impounded animal at the time prescribed, the animal control officer may proceed to sell such animal for the highest bid that he may obtain for the animal and apply so much of the proceeds of such sale to the satisfaction of the fees and costs accrued under this article, and shall deposit the remainder of such moneys, if any, to the general fund. (Ord. No. 159-A, 2-42, 1985; Code 1989, ) Sec Adoption. (a) A person who desires to adopt an animal from the animal shelter shall: (1) Pay an adoption fee of $10.00; (2) Pay any license fee if required; and (3) Have the animal vaccinated for rabies within five days after adoption. (b) The animal control officer shall be the sole judge as to whether a dog or cat is healthy enough for adoption.

10 (Ord. No. 159-A, 2-9, 1985; Code 1989, ) Page 10 of 15 Sec Euthanasia. The lawful owner may release to the animal control officer a sick or injured dog or cat for immediate euthanasia, but the owner must first sign a release form and pay a fee of $ (Ord. No. 159-A, 2-8, 1985; Code 1989, ; Ord. No , II, ) Secs Reserved. Sec Abandonment. ARTICLE VII. MISTREATMENT OF ANIMALS It is unlawful for any person to intentionally or knowingly abandon any animal within the corporate limits of the city. (Ord. No. 159-A, 2-19, 1985; Code 1989, ) Sec Confinement of strays. If a stray animal is found upon the premises of another, the occupant of the premises may confine the animal only for so long as reasonably necessary to notify the animal control center and have the animal impounded. In attempting to confine the animal, the occupant shall not use any force that is intended or known by the occupant to cause, or in the manner of its use is capable of causing, death or injury to the animal. (Ord. No. 159-A, 2-18, 1985; Code 1989, ) Sec Confinement improperly. It is unlawful for any person to intentionally or knowingly confine or allow to be confined any animal under such conditions or for such a period of time as may endanger the health or well-being of the animal due to heat, lack of food or water or any other circumstances which cause suffering, disability or death of the animal. (Ord. No. 159-A, 2-20, 1985; Code 1989, ) Sec Inspection of premises. Premises whereon livestock, fowl or pets are kept or maintained shall be subject to inspection, for probable cause, by the animal control officer at any reasonable hour of the day. (Ord. No. 159-A, 2-21, 1985; Code 1989, ) Sec Cruelty. No person shall overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhumane manner, any animal, or cause any of these acts to be done. (Ord. No. 159-A, 2-22, 1985; Code 1989, )

11 Sec Poisoning. Page 11 of 15 No person shall in any place accessible to birds, dogs, cats or other animals, with the intent to kill or harm such animals, place any substance which has in any manner been treated with any poisonous substance. (Ord. No. 159-A, 2-23, 1985; Code 1989, ) Sec Fights. No person shall maintain any place where fowls or any animals are suffered to fight upon exhibition, or for sport upon wager. (Ord. No. 159-A, 2-24, 1985; Code 1989, ) Sec Tying unhealthily. It is unlawful to tie or tether an animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian, as determined by the animal control officer. (Ord. No. 159-A, 2-25, 1985; Code 1989, ) Sec Failure to feed and shelter. No person shall fail to provide any animal in his charge or custody with sustenance, drink and protection from the elements, or cause any of these acts to be done. (Ord. No. 159-A, 2-26, 1985; Code 1989, ) Secs Reserved. Sec Definitions. ARTICLE VIII. DANGEROUS ANIMALS The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning: Animal control division means the police department division of animal control and its officers. Bodily injury means a puncture or laceration made by the teeth of the animal which breaks the skin, resulting in a degree of trauma which would cause most prudent and reasonable people to seek medical care for treatment to the wounds, without consideration of rabies prevention alone. Dangerous animal means: (1) Any animal which, according to the records of the police department and/or the animal control division, has inflicted bodily injury or death to a person without provocation on public or private property; (2) Any animal which, according to the records of the police department and/or the animal control division, has injured or killed a domestic animal or livestock without provocation while the animal initiating the attack was off the owner's or harborer's property;

12 (3) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for the purpose of fighting; (4) Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, any public grounds, or any private property accessible by the general public in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the animal will cause bodily injury to that person; or (5) Any animal with a known propensity, tendency or disposition to attack unprovoked or to otherwise threaten the safety of human beings, domestic animals or livestock. Department means the city police department and its police officers. Domestic animal means all species of animals commonly accepted as being domesticated. Harboring means the act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter or care. Livestock means horses, mules, donkeys, cattle, goats, sheep and others commonly associated as farm animals. Owner means a person who has right of property in an animal. (Ord. No. 159-A, 2-13, 1985; Code 1989, ; Ord. No , II, ) Cross references: Definitions generally, 1-2. Sec Duty to report. All incidents of bodily injury to a human being, or injury or death to a domestic animal or livestock resulting from an attack by an animal, shall be reported to the department or to the animal control division. The incident shall be documented on a form approved by the department, and the form shall include all information pertinent to the investigation of the incident. (Ord. No. 159-A, 2-14, 1985; Code 1989, ; Ord. No , III, ) Sec Owning or harboring dangerous animal. No person shall own or harbor a dangerous animal within the city. (Ord. No , IV, ) Sec Declaration of a dangerous animal. (a) Agents of the animal control division may declare an animal to be a dangerous animal upon verification by the department or the animal control division that the animal: (1) Has inflicted bodily injury on a human being without provocation on public or private property; (2) Has injured or killed a domestic animal or livestock without provocation while the animal initiating an attack was off the owner's or harborer's property; (3) Is used or trained for the purpose of fighting; Page 12 of 15

13 (4) When away from its secure enclosure, chases or approaches a person upon the streets, sidewalks, any public grounds, or any private property accessible by the general public in a menacing or apparent attitude of attack; or (5) Otherwise threatens the safety of human beings, domestic animals or livestock. (b) An officer of the department or the animal control division at his own instigation, or pursuant to a citizen's complaint, shall investigate all reports of dangerous animals, setting forth the nature and the date of an act as defined in subsection (a) of this section, the location of the event, the address and owner of the animal if known, and the description of the animal doing such act. Upon completion of the investigation, the animal control division, based on the findings of fact, may declare that the animal is dangerous. (c) Upon declaring that an animal is a dangerous animal, the department or the animal control division shall immediately impound the animal. If impoundment of a dangerous animal away from the premises of the owner or harborer cannot be safely executed and the animal places any person in fear of imminent bodily injury, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a dangerous animal from the premises of the owner or harborer and the impoundment cannot be safely executed, the owner or harborer, within 24 hours of receiving notice declaring the animal to be a dangerous animal, must surrender the animal to the animal control division. Failure to surrender the animal within 24 hours of such notice shall constitute an offense, and an offense shall be deemed committed for each day on which the animal is not surrendered. Under this section, notice shall mean the notification of the owner or harborer of an animal that such animal has been declared to be dangerous. Such notice may be delivered in person or by certified letter, return receipt requested, and shall be issued at the earliest convenience following the impoundment of the animal if the animal was impounded while running at large, or at the time of impoundment if the animal is impounded from the owner's or harborer's property. (d) The owner of an animal declared to be a dangerous animal, if the animal is not destroyed as provided under subsection (c) of this section, may request a hearing before the municipal court of the city to challenge such declaration. The request for such a hearing must be in writing and filed with the city secretary within five working days from receipt of the notice, whether such notice was served in person or by certified letter, return receipt requested. Failure to request a hearing within the allotted period shall constitute a final determination that an animal is a dangerous animal. (e) A hearing before the municipal court of the city challenging the declaration that an animal is a dangerous animal shall be held at the next regularly scheduled court date from receipt by the city secretary of a timely filed written request for such hearing. The municipal court judge shall rule, based on a preponderance of the evidence; and such ruling shall constitute a final determination that the animal is a dangerous animal. Written copies of the ruling, signed by the judge who presided at the hearing, shall be filed with the city secretary and the chief of police. (f) Upon receipt of a final ruling determining that an animal is a dangerous animal, the animal so declared shall be humanely destroyed. (g) All costs accrued for the keeping and the care of an animal impounded as a dangerous animal shall be borne by the owner of such animal regardless of the final disposition. (Ord. No , V, ) Sec Defense to declaration of dangerous animal. Page 13 of 15 It is a defense to the determination of an animal as dangerous and to the prosecution of the owner of an animal declared to be dangerous if the:

14 (1) Threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; (2) Person was teasing, tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal; (3) Person was committing or attempting to commit a crime; (4) Animal killed was at the time teasing, tormenting, abusing or assaulting the animal; (5) Animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault; (6) Animal was injured and responding to pain; or (7) Animal was at the time an approved police K9 in the performance of official duties. (Ord. No , VI, ) Secs Reserved. Sec Permit to keep. ARTICLE IX. PROHIBITED AND EXOTIC ANIMALS (a) Required. It is unlawful for any person to keep any prohibited or exotic animal in the city limits, except with a valid permit issued by the animal control center. A permit must be obtained through the animal control center, only after inspection of the premises. Except as provided in section , an annual fee of $25.00 is assessed for this permit. (b) Revocation. The animal control officer shall revoke a permit to keep a prohibited animal within the city if the permit holder: (1) Provided the city with fraudulent information during the permitting process; (2) Fails to properly restrain or confine the animal; (3) Fails to adequately care for or protect the animal; (4) Fails to maintain insurance coverage or show financial responsibility in an amount of at least $100, to cover damages resulting from an attack by the animal causing bodily injury to a person; (5) Substitutes a different animal for an original animal being kept on the property prior to November 27, 1985; (6) Fails to maintain confinement areas for the animal which are structurally sound and sanitary. (Ord. No. 159-A, 2-36, 1985; Code 1989, ) Sec Keeping for sale. Page 14 of 15

15 The keeping or selling of prohibited or exotic animals by a commercial establishment is lawful if licensed by the U.S. Department of Agriculture. It shall be inspected by the animal control officer and a permit issued. An annual fee of $30.00 shall be assessed for the permit. (Ord. No. 159-A, 2-37, 1985; Code 1989, ) Page 15 of 15