ANIMALS AND FOWL ARTICLE 1. GENERAL REGULATIONS

ANIMALS AND FOWL ARTICLE 1. GENERAL REGULATIONS 13.0101 DEFINITION: 1. "ANIMAL" or "ANIMALS". The word "animal" or "animals" shall mean any horse, cattle, jackass, sheep, goat, swine, rats, mice, guinea pigs, rabbits, dogs, cats or other animals or rodents. 2. "FOWL". The word "fowl" shall mean chickens, ducks, geese, turkeys, pigeons or other domestic fowl. 3. "DOG". The word "dog" shall be any animal of the canine family, both male and female. 4. "CAT". The word "cat" shall be any member of the feline family, either male or female. 5. "AT LARGE". The words "at large" shall mean not under the control of a person. The animal shall be attached to a leash held by a person, or attached to a leash which is securely fastened, or kept within a fenced area from which it cannot readily escape, or within a trailer or vehicle. The animal shall be controlled in such a manner so that it may not come in contact with persons using the public streets and sidewalks. 6. "OWNER". The word "owner" means any person owning, keeping or harboring a dog, cat, animal or fowl, wherever the context requires the different usages. 13.0102 CRUELTY: No person shall cruelly treat any animal or fowl in the city in any way; any person who inhumanely beats, underfeeds, overloads or abandons any animal shall be deemed guilty of a violation of this Section. 13.0103 DANGEROUS ANIMALS: It shall be unlawful to permit any dangerous animal or vicious animal of any kind to run at large within the city; exhibitions or parades of animals which are ferai naturai in the eyes of the law may be conducted only upon securing a permit from the Chief of Police. 13.0104 NOISES: It shall be unlawful to harbor or keep any animals which disturb the peace by loud noises at any time of the day or night. 1

13.0105 STRAYS: It shall be unlawful to permit any animals to run at large in the city; any such animal running at large in any public place in the city shall be impounded. It shall further be unlawful to picket or tie any such animal in any of the streets of the city for the purpose of grazing or feeding. 13.0106 KILLING DANGEROUS ANIMALS: Members of the Police Department or any other person in the city are authorized to kill any dangerous animal of any kind when it is necessary for the protection of any person or property. 13.0107 DISEASED ANIMALS: No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large or to be exposed in public places whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof except under the supervision of the Chief of Police or the Health Officer. It is hereby made the duty of the Health Officer or Chief of Police to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or affection except in cases where the State Veterinarian is empowered to act. 13.0108 HOUSING: No person shall cause or allow any place where any animal is or may be kept to become unclean or unwholesome, and it shall be unlawful to keep any live swine or pigs, cattle, goats and sheep in the city. ARTICLE 2. ANIMALS AND FOWL 13.0201 NO CHICKEN OR POULTRY WITHIN THE CITY LIMITS: No person shall keep chickens or poultry within the city unless kept within an enclosure. The keeping of any chickens, ducks, geese, turkeys, pigeons or other domestic fowl which cause unpleasant odors or the noise from which is any annoyance to the persons in the vicinity or which attract vermin or which are a hazard or danger to the health of persons living nearby is declared to be a nuisance. Any person who owns or keeps at any time, within the city limits, any fowl of any kind declared to be a public nuisance as defined in this Section who shall fail, neglect or refuse to abate such nuisance by destroying such fowl or removing such fowl from the city or shall not do whatever is necessary to abate such nuisance within ten (10) days after the notice thereof shall be deemed guilty of maintaining a public nuisance as the same is defined by the North Dakota Century Code. 13.0202 RAISING AND KEEPING ANIMALS FOR SALE: The raising of and keeping for sale of animals is prohibited except by laboratories, clinics or doctors, medical or veterinary, for scientific research, when kept in such place directly connected therewith. The veterinary clinic shall be permitted to care for animals at an enclosure and under terms and conditions approved by the Beach City Council. 2

13.0203 ANIMALS AT LARGE AND TETHERING: It shall be unlawful for the owner or any person who has the care, custody or control of any animal to permit or allow the running at large, picketing, tethering, staking out or pasturing of such animal within the corporate limits of the city and the driving of any unrestrained animal over, through or on any street, alley or public way within the city. 3

13.0204 INDECENT EXHIBITION OF ANIMALS: No person shall indecently exhibit or cause to allow to be indecently exhibited any animal within the city limits or let, cause or allow to be let any such animal to any animal of the opposite sex on any street, avenue, alley, park or other public place within the city. No person shall let or cause or allow to be let any such animal to any animal of the opposite sex on any private property or grounds within the city unless in some enclosed place entirely out of public view. ARTICLE 3. RABIES AND DISTEMPER 13.0301 RABIES AND DISTEMPER SHOTS: Every owner of any cat or dog six (6) months of age or older, within the city limits shall have such cat or dog inoculated against rabies and distemper by a licensed veterinarian or his agent or employee under his direction. Said dog or cat shall thereafter be inoculated against rabies and distemper each two years or for such longer period of time as the veterinarian's certificate hereinafter mentioned shall specify that the inoculation is effective. At the time that the animal is inoculated, a certificate shall be issued by the veterinarian making such inoculation, which certificate shall describe the type of inoculation received, the date of the inoculation, and the effective period of the inoculation. 13.0302 GENERALLY: The owner of any cat or dog which has contracted rabies or which has been subjected to rabies or which is suspected of having rabies or which shall have bitten any person shall, upon demand of the Chief of Police or Health Officer produce and surrender such dog or cat to such department to be held in quarantine for observation for a period determined by the public health officer or veterinarian in charge. If upon examination any dog or cat shall prove to be infected with rabies, such dog or cat shall be disposed of as directed by the public health officer, Chief of Police, or veterinarian in charge. ARTICLE 4. DOGS 13.0401 LICENSES, GENERALLY: All dogs or cats kept, harbored or maintained by their owners in the city shall be licensed if over one (1) month of age. Dog or cat licenses shall be issued by the Auditor upon payment of a license fee of $10.00 for a female dog or cat and $6.00 for a spayed female or male dog or cat. The owner shall state at the time that application is made for such license, upon a printed form provided for such purpose, the owner's name and address, and the breed, color, sex and name of the animal, and date of rabies and distemper inoculation. No license or renewal of the license shall be issued for any dog or cat unless the owner shall produce a certificate from a duly 4

licensed veterinarian showing the dog or cat has been duly vaccinated by a veterinarian for rabies and distemper as required by Section 13.0301 of this ordinance. The provisions of this Section shall not apply to dogs or cats whose owners are nonresidents temporarily within the city, nor to dogs or cats brought into the city to participate in shows. The license herein provided for shall be in force regardless of the date of its issuance until the 1st day of July after the date of its issuance and thereafter such license shall be renewed yearly, not later than the 1st day of July of each year. 13.0402 TIME FOR FEE PAYMENT AND DELINQUENCY: The annual license and licensing fee for all dogs as provided herein shall be due the 1st day of July in each year or when such dog becomes one month of age. Such annual license fee shall become delinquent after the 1st day of July unless paid; except that any license fee falling due after such date shall become delinquent upon the expiration of five (5) days after such fee becomes due. A penalty of fifty (50) cents for every month or fraction thereof for the period of time such license fee shall be delinquent shall be added to the license fee required herein. 13.0403 CERTIFICATES, TAGS, COLLARS, DUPLICATE TAGS, TRANSFER OF TAGS, REFUND OF LICENSE FEE: Upon payment of license fee provided for herein and in compliance with the provisions of this Article, the Auditor shall issue to the owner applying for a dog or cat license a copy of the printed application form, stamped paid and dated, which shall be evidence of such license, and a tag for each dog or cat so licensed. The color of the tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each dog or cat licensed with a collar to which the license tag must be affixed and shall see that the collar and tag are constantly worn. In case a tag is lost or destroyed a duplicate will be issued by the City Auditor upon presentation of a receipt showing the payment of the license fee for the current year and a payment of 50 cents for such duplicate. Dog and cat tags shall not be transferable from one dog or cat to another and no refund shall be made on a dog or cat license fee because of the death of a dog or cat or because the owner of a dog or cat leaves the city before the expiration of the license. 13.0404 CERTAIN DOGS DECLARED NUISANCE: Any dog or cat is hereby declared a public nuisance within the city which shall: A. Frighten, annoy, bark or chase any person or vehicle; B. By loud and frequent yelping, barking or howling annoying any person; C. Destroy any property not the property of the owner or keeper; D. Not have been inoculated against rabies and distemper as required by Section 13.0301 of this ordinance; 5

E. Not have a collar and license tag as required by the provisions of this ordinance. 13.0405 FEMALE DOGS IN HEAT: All female dogs shall be kept in confinement while in heat. 13.0406 VICIOUS DOGS: No person shall keep, harbor or shelter a vicious dog within the city. A vicious dog is hereby defined as being a dog which has bitten any person while the person bitten was not at the time of the biting trespassing on the property of the owner of the dog or doing damage or injury to the person or property of such owner. Whenever any person makes a complaint in writing and verified under oath before the police magistrate that any dog is a vicious dog, having bitten the person under the circumstances set forth in this section, the municipal judge shall issue a warrant for the arrest of the owner of such dog, who shall be brought before the municipal judge for trial upon the charge as in other cases. If such person is found guilty, the municipal judge, in addition to the other penalties provided for in this paragraph, may issue an order directing the owner to forthwith surrender such dog to the police department and failure to do so shall constitute a violation of this section. In the event the owner fails to surrender the dog, such dog shall be seized by the police. Whether the dog is surrendered or seized, the dog shall be impounded in the city dog pound for a period of five (5) days, during which time the owner of the dog may, if he chooses, make arrangements to remove the dog from the city after paying the cost of such impoundment and if he fails to do so within such time, then such dog will be destroyed by the police or the pound master as designated by the city. ARTICLE 5. IMPOUNDING AND PENALTIES 13.0501 POUNDMASTER: Any licensed veterinarian within the City of Beach, County of Golden Valley and State of North Dakota is hereby declared and appointed a poundmaster. Any veterinarian clinic capable of restricting and maintaining animals therein operated by such licensed veterinarian is declared to be a pound as the case may require. The city shall from time to time make arrangements for the per diem care of animals at such clinic under the care of the poundmaster. 13.0502 IMPOUNDMENT, GENERALLY: It shall be the duty of every police officer to apprehend any dog or cat found running at large contrary to the provisions herein and to impound such dog or cat in the pound or other suitable place in the event that a pound is not available. The poundmaster or other such official as may be designated, upon receiving any dog or cat, shall make a complete registry entering the breed, color and sex of such dog or cat and whether or not licensed. If licensed he shall enter the name and address of the owner and number of the tag. Licensed dogs or cats shall be separated from unlicensed dogs or cats whenever possible. 6

All dogs and cats constituting a nuisance hereunder shall likewise be impounded. 13.0503 NOTICE AND REDEMPTION: Not later than the day after impounding of any dog or cat under the preceding section, and provided the animal has tags and the owner can be identified, the owner shall be notified. If the animal does not have tags or if the owner of the animal cannot be located, the city may proceed pursuant to ' 13.0504 of the City Ordinances. The owner of any dog or cat so impounded may reclaim such dog or cat upon payment of license fees (if any are unpaid) inoculation cost (if the dog or cat has not been inoculated) and all costs and charges incurred by the City for impounding and maintaining such dog or cat. Likewise, any other animal impounded because of a violation of the terms and conditions of this ordinance or any other animal which is a nuisance by the terms and conditions hereof may be reclaimed by the owner thereof upon payment of all costs and charges incurred by the City for impounding and maintenance of such animal and further provided that any nuisance in connection with the said animal be abated. 13.0504 DESTRUCTION OF UNCLAIMED ANIMALS: It shall be the duty of the poundmaster and of the Chief of Police or any other official designated by the City Council to keep all dogs, cats or other animals impounded under the provisions hereof for a period of one day from the date of notice to the owner provided the dog, cat or other animal has a tag or its owner can be identified. If at the expiration of three days from the date of notice to the owner, such dog, cat or other animal has not been claimed, it shall be destroyed, or in the alternative, a home provided pursuant to the rules and regulations established by this ordinance. Any dog or cat which does not have a current tag and whose owner cannot be readily identified, shall be destroyed immediately or, in the alternative, a home provided pursuant to the rules and regulations established by this ordinance. 13.0505 VIOLATION: A violation of any of the terms, conditions or requirements of this Ordinance shall be considered an offense against the City of Beach, North Dakota, with disposition of each such offense to be made in the Golden Valley County Court, Beach, North Dakota. The penalty schedule for violations of this Ordinance is as follows: 1. 1ST OFFENSE - $25.00 Fine. Appearance in court is NOT required. 2. 2ND OFFENSE - $50.00 Fine. Appearance in court is NOT required. 3. 3RD & SUBSEQUENT OFFENSES - Appearance in court is MANDATORY. The fine to be imposed can range from a minimum of $75.00 to the maximum amount set forth in the general penalty provision of Chapter II, Article V, OFFENSES. The Court may also impose a jail sentence of any length permitted by the aforementioned penalty provision. Keeping a nuisance animal shall also constitute a violation of this ordinance. 7