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CHAPTER 5
ANIMAL CONTROL

 

6-5-1: DEFINITIONS:

All words or phrases used in this chapter and not defined in this section shall be defined and interpreted according to their common usage. As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

ANIMAL CONTROL OFFICER: The person or persons employed by the city as its enforcement officer in the impoundment of animals, controlling animals running at large, and as otherwise provided or required in this chapter.

ANIMAL SHELTER: Any premises designated by action of the council for the purposes of impounding and caring for animals.

AT LARGE OR RUNNING AT LARGE: Any animal when it is not securely confined by a fence or other means on premises under the control of, or occupied by, the owner; or not under the control of the owner or an agent of the owner by leash or otherwise not to exceed six feet (6') in length, whether on the owner's premises or not.

CONFINED ON THE PREMISES: That condition in which an animal is securely and physically confined and restrained on and within the premises of the owner by means of walls, fences, rope, chain, leash or other device of such strength and size as to physically prevent the animal from leaving the premises and to physically prevent the animal from causing physical injury to persons or other animals which are off the premises upon which the confined animal is located.

DANGEROUS ANIMAL: An animal that, without provocation, has chased or approached, in either a menacing fashion or in an apparent attitude of attack, or has attempted to bite or otherwise endanger any person or other animal while the animal alleged to be dangerous is off the premises of the owner or while the animal is not physically retrained or confined on the premises. "Dangerous animal" does not include a police dog while the police dog is being used to assist law enforcement officers in the performance of their duty.

DISEASED ANIMAL: An animal believed to be infected with a dangerous or communicable disease.

DOMESTIC BIRDS: Canaries, parrots, parakeets, mynah birds, peacocks, birds of paradise or other birds tamed to the household or pertaining thereto.

ENCLOSURE: While on the property of the owner, secure confinement indoors or in a securely enclosed and locked pen or structure, suitable to prevent entry and designed to prevent the animal from escaping.

EXPOSED TO RABIES: Any animal that has been bitten by or exposed to any other animal known to have been infected with rabies.

FOWL: Chickens, guineas, geese, ducks and pigeons.

IMPOUNDMENT: Placing an animal in the animal control vehicle or unit or holding an animal in custody at the animal control shelter.

KEEPER: Any person, family, firm or corporation owning or actually keeping, having, using or maintaining any of the animals referred to herein.

KENNEL: Any place where three (3) or more dogs more than six (6) months of age are kept, sheltered or fed and watered. "Kennel" includes any place where more than one litter of puppies born to different female dogs are kept on any lot or premises or kept in any structure.

LARGE ANIMAL: Horse, mule, donkey, cattle, goat, sheep or any other animal of similar size or stature.

MENACING FASHION: That an animal would cause any person observing the animal to reasonably believe that the animal will cause physical injury to persons or other animals.

MUZZLE: A device constructed of strong, soft material or a metal "muzzle" such as that used commercially with greyhounds. The "muzzle" must be made in a manner which will not cause injury to the animal or interfere with its vision or respiration, but must prevent it from biting any person, animal or livestock.

NEUTER: To render a male dog or cat unable to reproduce.

NUISANCE: The conduct or behavior of any small or large animal, cat or dog which molests passersby or passing vehicles; attacks other animals; damages private or public property; barks, whines, howls, crows or makes other noises in an excessive, continuous fashion which annoys the comfort, repose, health or safety of the people in the community; unconfined when in season; or a vicious animal not confined as required by this chapter.

OWNER OR KEEPER: Any person, group of persons or corporation owning, keeping, maintaining or harboring, or having care or custody of an animal or animals or fowl or birds.

PERMIT: The permit issued by the city clerk.

PROVOKE OR PROVOCATION: With respect to an attack by an animal, that the animal was hit, kicked or struck by a person with an object or part of a person's body or that any part of the animal's body is pulled, pinched or squeezed by a person.

RATPROOF: That state of being constructed so as to effectively prevent entry of rats.

RESTRAINT: That an animal is controlled by leash or tether, either of which shall not exceed six feet (6') in length, by a competent person or within any vehicle, trailer or other conveyance being driven, pulled or parked on the street, or confined within the property limits of its owner or keeper.

SANITARY: Any condition of good odor and cleanliness which precludes the probability of disease transmission and insect breeding and which preserves the health of the city.

SEVERE INJURY: Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

SMALL ANIMAL: Rabbit, hare, guinea pig, chinchilla, turkey, fowl, hamster, pigeon (except homing pigeons) or any other animal of similar size or stature.

SPAY: To remove the ovaries of a female dog or cat in order to render the animal unable to reproduce.

VACCINATION: An injection of United States department of agriculture approved rabies vaccine administered every twelve (12) calendar months by a licensed veterinarian.

VICIOUS ANIMAL: An animal that, without provocation, has killed or caused physical injury to any person or has killed or caused physical injury to another animal. "Vicious animal" does not include a police dog while the police dog is being used to assist law enforcement officers in the performance of their official duties and where any injury inflicted by the police dog was reasonably related to the duties being performed.

WITHOUT PROVOCATION: That an animal was not teased, tormented or abused; and also means where the animal was not protecting its owner or owner's property from criminal activity by a perpetrator of a crime. (1992 Code § 4-101; amd. 2006 Code)

 6-5-2: ZONING ORDINANCE TO PREVAIL:

In case of any conflict between the provisions of this chapter and the zoning ordinance, the zoning ordinance shall prevail. (1992 Code § 4-151)

 

6-5-3: CONTROL OF AND RESPONSIBILITY FOR ANIMALS GENERALLY:

It is unlawful for any owner or person to:

A. Fail to prevent any animal from running at large within the city;

B. Perform, do or carry out any inhumane treatment against any animal;

C. Keep, possess, own, control, maintain, use or otherwise exercise dominion over any animal or animals which, by reason of noise, odor or sanitary conditions, become offensive to a reasonable and prudent person of ordinary tastes and sensibilities, or which constitute or become a health hazard as determined by the health officer or animal control officer; or

D. Turn any animal at large or release an animal which is restrained or confined in an enclosure as required by this chapter. (1992 Code § 4-103)

 6-5-4: ABUSE OF ANIMALS:

A. Cruelty To Animals: It is unlawful for any person, wilfully and maliciously, to pour on or apply to any animal any drug or other thing which inflicts pain on the animal; or to knowingly treat an animal in a cruel or inhumane manner; or to knowingly neglect an animal belonging to him or in his custody in a cruel or inhumane manner. (1992 Code § 4-141)

B. Poisoning Animals: It is unlawful for a person wilfully to poison any dog or other animal or to knowingly expose poison so that the same may be taken by an animal. (1992 Code § 4-142; amd. 2006 Code)

C. Animal Fights: It is unlawful for any person to instigate or encourage a fight between animals or to encourage one animal to attack, pursue or annoy another animal, or to keep a house, pit or other place used for fights between animals. (1992 Code § 4-143; amd. 2006 Code)

 

6-5-5: RUNNING AT LARGE:

It is unlawful for an owner to permit any animal, including fowl, to be at large. An animal running at large in the city shall be taken up by the animal control officer and impounded at the animal shelter. The animal control officer may, at his discretion, cite the owner of such animal to appear in municipal court to answer charges of violation of this chapter. (1992 Code § 4-102)

 6-5-6: PASTURING ANIMALS:

It is unlawful for any person to pasture any animal on any public property or private property without the consent of the person owning or controlling the property. (1992 Code § 4-107)

 6-5-7: NOISY ANIMALS; COMPLAINTS 27 :

A. Nuisance Declared And Prohibited: No person shall keep any animal which causes frequent or continuous noise or otherwise so as to disturb the comfort or repose of any person in the vicinity. Any violation of this subsection is declared to be a nuisance and as such may be abated.

B. Complaint Procedure; Penalty: Any person with knowledge thereof may file a complaint in the municipal court against the owner or keeper of an animal which disturbs the comfort or repose of any person in the vicinity or which is in violation of this chapter. If the court finds that an animal is a nuisance or in violation of this chapter, then the court may order the owner or keeper to prevent and abate the nuisance, or order the animal impounded with the owner or keeper to pay impoundment costs, or order punishment as provided in sections 1-4-1 and 1-4-1-1 of this code. (1992 Code § 4-106)

 6-5-8: NUMBER OF ANIMALS RESTRICTED:

It is unlawful and a nuisance to keep more than three (3) domesticated animals, including cows, bulls, calves, horses, sheep, swine or goats, within any building or upon any lot or tract of land within the city, if such building, tract or lot has contained within it an area of less than forty three thousand five hundred sixty (43,560) square feet for every three (3) such animals so kept and maintained. (1992 Code § 4-108)

 6-5-9: KEEPING DANGEROUS, VICIOUS, DISEASED ANIMALS:

The keeping of vicious, dangerous or diseased animals within the city is unlawful except as may be permitted in this chapter. (1992 Code § 4-109)

 

6-5-10: ANIMAL HOUSES AND PREMISES:

A. Construction Requirements: Every building or place where any animal or fowl is kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.

B. Location Restrictions: No place where an animal is kept shall be closer than forty feet (40') to the premises of an apartment, hotel, restaurant, boarding house, food store, building used for educational, religious or hospital purposes, or dwelling other than that occupied by the owner or occupant of the premises upon which the animal is kept.

C. Manure:

1. Receptacle Required: Every building where any livestock is kept, if located within two hundred feet (200') of any apartment, hotel, restaurant, boarding house, food store, building used for educational, religious or hospital purposes, or any dwelling other than that occupied by the owner or occupant of the premises upon which the animal is kept, shall be provided with a watertight and flytight receptacle for manure, of such size as to hold all accumulation of manure.

2. Disposal: The receptacle shall be emptied sufficiently often and in such manner as to prevent it from being or becoming a nuisance, and shall be kept covered at all times except when open during the deposit or removal of manure or refuse.

3. Accumulation: No manure shall be allowed to accumulate on such premises except in the receptacle.

D. Inspections: The animal control officer or health officer shall inspect any structure or place where an animal is kept on his own initiative or upon complaint. He may issue any such reasonable order as he may deem necessary to the owner of such animal to cause the animal to be kept as required in this chapter or in a manner so as not to constitute a nuisance. He may make a complaint before the city court against any person for violation of any provision of this chapter, or of any such reasonable order. (1992 Code § 4-104)

6-5-11: RABIES VACCINATION REQUIRED FOR DOGS AND CATS:

A. Vaccination Required: No person shall own, keep or harbor any dog or cat within the city limits unless such dog or cat four (4) months of age or older is vaccinated for rabies annually and in any event before the cat or dog becomes six (6) months of age.

B. Certificate Of Vaccination: Every veterinarian, after vaccinating a dog or cat for rabies, shall issue a legible certificate, one copy to be retained by the veterinarian and one copy to be retained by the animal owner, and upon request shall show such certificate to the city. Such certification shall include the following information:

1. Owner's full name, address, zip code and telephone number;

2. Breed, date of birth, sex and color or marking of the dog or cat;

3. Type of vaccine and duration of immunity;

4. Signature of the veterinarian or other authorized person administering the vaccination; and

5. Name of the animal, if applicable.

C. Tag: When a veterinarian vaccinates a dog or cat against rabies, he shall issue to the owner of such dog or cat a metal tag or check evidencing such vaccination and the year of vaccination. It shall be the duty of the owner of the dog or cat to attach the tag or check issued to him pursuant to this subsection to the dog or cat, and it shall be unlawful for any person to remove such tag or check without the owner's consent.

D. Violation: Unless the owner of any dog or cat furnishes written proof that the dog or cat has been vaccinated for rabies by a licensed veterinarian in the past twelve (12) months, the owner shall be guilty of an offense. (1992 Code § 4-121)

 

 6-5-12: DOG LICENSING PROVISIONS:

A. Compliance With Provisions: It is unlawful to keep or own any dog in the city limits without having first complied with the vaccination and license requirements of this chapter.

B. License Fees: There is hereby levied an annual license fee upon each dog over the age of four (4) months kept and maintained in the city in such sum as set by the council by motion or resolution. The fee shall be paid annually on or before April 1 of each year for each male and spayed female dog, and for each unspayed female dog, to be paid by the owner or keeper of the dog. For any dog which first becomes subject to licensing on or after November 1, the owner shall pay one-half (1/2) of the annual fee set by the city. (1992 Code § 4-122)

C. Application For License: Application shall contain information requested by the city clerk. (1992 Code § 4-122; amd. 2006 Code)

D. Certificate Of Rabies Vaccination Required: No dog may be licensed without providing a current certificate of vaccination showing the dog was vaccinated within the six (6) months prior to the date upon which application is made. (1992 Code § 4-122)

E. Tag: The city clerk shall provide a metallic or plastic license tag to be attached to the licensed animal. The tag shall state city "Dog License", be consecutively numbered, and recorded with a brief description of the dog. The license tag shall be attached to the animal's collar, harness or other humane device. (1992 Code § 4-122; amd. 2006 Code)

6-5-13: RABIES CONTROL:

A. Animal Bites; Quarantine Of Animals:

1. Every animal that bites or scratches a person shall be reported within four (4) hours to the animal control officer and shall thereupon be securely quarantined at a veterinary hospital for a period of ten (10) days from the date the person was bitten, and shall not be released from such quarantine except by permission of the animal control officer of the city and the veterinarian in charge of the quarantined animal. Such quarantine may be at any veterinary hospital chosen by the owner. Failure of the owner or keeper to quarantine his animal within the four (4) hour period as specified herein will make him guilty of an offense. (1992 Code § 4-161)

2. The owner, upon demand by any city officer or animal control officer, shall surrender any animal that has bitten a human, or which is suspected as having been exposed to rabies, for supervised quarantine, testing or euthanasia, the expense for which shall be borne by the owner; and the animal may be reclaimed by the owner if adjudged free of rabies. (1992 Code § 4-161; amd. 2006 Code)

B. Rabies Diagnosis; Quarantine Of City:

1. When an animal under quarantine has been diagnosed as being rabid, or suspected by a licensed veterinarian as being rabid, and dies while under such observation, the animal control officer or veterinarian shall immediately send the head of such animal to the state health department for pathological examination, and shall notify the proper public health officer of reports of human contacts and diagnosis made of the suspected animal.

2. When one or both reports give a positive diagnosis of rabies, the health or animal control officer of the city may recommend a citywide quarantine for a period of six (6) months; and upon the invoking of such quarantine, no animal shall be taken into the streets or permitted to be in the streets during such period of quarantine. During such quarantine, no animal shall be taken or shipped from the city without written permission of the animal control officer of the city.

3. During such period of rabies quarantine as herein designated, every animal bitten by an animal adjudged to be rabid shall be treated for such rabies infection by a licensed veterinarian, or held under six (6) months quarantine by the owner in the same manner as other animals are quarantined.

4. In the event there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended for an additional six (6) months. (1992 Code § 4-162)

C. Destruction Or Removal Of Rabid Animals:

1. No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except as herein provided, nor shall remove the animal from the city limits without written permission from the health officer of the city or the animal control officer.

2. The carcass of any animal exposed to rabies shall, upon demand, be surrendered to the animal control officer. (1992 Code § 4-163; amd. 2006 Code)

3. The animal control officer shall direct the disposition of any animal found to be infected with rabies.

4. No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by an employee empowered to enforce this chapter. Such refusal shall be deemed an offense. (1992 Code § 4-163)

D. Reports Required:

1. It is the duty of every physician, veterinarian or other practitioner to report to the animal control officer the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.

2. It is the duty of every licensed veterinarian to report to the animal control officer his diagnosis of any animal observed by him to be a rabies suspect. (1992 Code § 4-164)

 

6-5-14: IMPOUNDMENT AND REDEMPTION PROVISIONS:

A. Operation Of Pound: The city may contract with an outside agency to serve as the city's animal shelter or pound to provide for the impoundment of animals pursuant to this chapter.

B. Impoundment Of Animals: Any dog or cat or other animal found running at large shall be picked up and immediately impounded in the animal shelter and there confined in a humane manner.

C. Records Kept; Notice To Owner: The city animal control officer, upon receiving an animal for impoundment, shall record or cause to be recorded the description, breed, color and sex of the animal and the name and address of the owner as may be shown on applicable city animal control records. If the owner is known, the officer shall notify the owner at an address or telephone number available to the city, or leave a notice with a member of the owner's family, or other person residing at the owner's home, as shown in the city records, over the age of fifteen (15) years, to notify the owner that unless reclaimed within seventy two (72) hours after impoundment, Saturdays, Sundays and city holidays excluded, the animal will be destroyed or otherwise disposed of in accordance with city procedures. (1992 Code § 4-131)

D. Fees:

1. Fees Established:

a. Fees for impounding and keeping an animal, to be paid upon redemption, are as set by the city council by motion or resolution. In computing a fee, a fraction of a day during which an animal or fowl has been fed shall be deemed a full day.

b. In addition to the above fees, any person requesting impoundment or disposal of an animal by the shelter shall pay a fee for such service as set by the council by motion or resolution. (1992 Code § 4-133)

2. Payment Of Fees: Any person redeeming an impounded animal or fowl shall pay the fees to the city clerk and present the receipt therefor to the person in charge of the animal shelter before the latter releases the animal or fowl.

3. Proof Of Rabies Vaccination; Deposit: Any dog or cat not vaccinated against rabies being held or impounded by the city shall not be released to the owner or any other person without proof of current vaccination against rabies or without paying a deposit in such sum as is set by the city council by motion or resolution, which deposit shall be refunded to the person putting up the same upon proof of current vaccination being shown to the animal control officer within seventy two (72) hours of the release of the animal. If such proof is not presented, then theanimal control officer may retake the animal into custody and deposit the deposit with the city clerk to be retained as expenses of taking the animal into custody. (1992 Code § 4-133; amd. 2006 Code)

E. Time For Redemption; Disposition Of Animal: An owner of an impounded animal or his agent may redeem the animal prior to its sale or destruction, as provided for herein, by paying the required fees against the animal and meeting any other requirements which may be prescribed in this chapter. If the owner or his agent has not redeemed the animal within seventy two (72) hours after the impoundment of the animal, the animal may be otherwise disposed of as provided for herein.

F. Adoption Of Animals: A person desiring to adopt an animal from impoundment shall pay an adoption fee, costs of any necessary vaccinations, and a deposit of ten dollars ($10.00) to guarantee the neutering or spaying of the dog or cat, and shall sign an agreement with the city ensuring that the dog or cat will be spayed or neutered. (1992 Code § 4-134)

G. Release Of Diseased Animals Prohibited: No dog or cat suffering from rabies or other infectious or dangerous disease may be released from the animal control shelter. (1992 Code § 4-133)

H. Breaking Pound, Interfering With Officers Prohibited:

1. If any person breaks open, or in any manner directly or indirectly aids in, or counsels or advises the breaking open of any city pound or contract pound, or hinders, delays or obstructs any person duly authorized in taking up or taking to the city pound any animal liable to be impounded, he shall be guilty of an offense.

2. No person shall interfere with, or hinder or molest any agent of the city in the performance of any duty of such agent, or seek to release any animal in the custody of the city or its agents, except as provided by law. (1992 Code § 4-132)

 6-5-15: KENNELS:

A. License Required; Fee: It is unlawful for any person to have, run, maintain or operate any kennel or any place for the sale, exchange, breeding or training of pet animals within the city or for either of the purposes, without first obtaining an annual license from the city to operate such a kennel or place. The license fee for an annual kennel license shall be as set by the city council by motion or resolution. (1992 Code § 4-105)

B. Tags: Upon issuance of a kennel license, the clerk shall issue a sufficient number of dog license tags upon each of which shall be engraved or stamped the year of registration of the kennel and the license number. Such tags shall be affixed to the collar of each dog in the kennel. (1992 Code § 4-105; amd. 2006 Code)

C. Off Premises Dogs; License And Fee Required: If a dog in the kennel is allowed off the premises, the owner or keeper or kennel proprietor shall pay the tax and license fee on the dog as is required by this chapter and shall be subject to any impoundment and seizure fee as set by subsection 6-5-14D1of this chapter.

D. Sanitary Conditions: The kennel shall at all times be kept in a clean and sanitary manner, subject to inspection by the city. (1992 Code § 4-105)

 

6-5-16: INVESTIGATION OF VIOLATIONS:

A. For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, the animal control or health officer is empowered to call upon the residents of any premises upon which a dog or cat or small animal is kept or harbored, and to demand the exhibition by the owner of such dog or cat or small animal.

B. The animal control or health officer, in the manner authorized by law, may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal, and to take possession of such animal when, in his opinion, it requires humane treatment. The officer may demand, at the front door of any residence, exhibition by the owner of current animal licenses at any time. (1992 Code § 4-165)

 

6-5-17: RECORDS KEPT:

The animal control officer shall keep or cause to be kept an accurate and detailed record of the licensing, impounding and disposition of all animals coming into his custody and an accurate and detailed record of all bite cases reported to the city, with a complete report of the investigation of each case. (1992 Code § 4-166)

 

6-5-18: COURT PROCEDURES AND COMPLAINTS:

A. Summons And Complaint:

1. Any person who witnesses or has personal knowledge that an act or acts made unlawful by this chapter have been committed may sign a complaint against the alleged violator.

2. Any police officer, animal control officer, or code enforcement officer who is employed by the city is authorized to issue a summons and complaint when the officer personally observes a violation of this chapter.

3. The complainant must provide a sworn complaint to the officer receiving the complaint containing the following information:

a. Name, address and telephone number of the complainant and other witnesses to the incident;

b. Date, time and location of the incident;

c. Description of the animal;

d. Name, address and telephone number (if known) of the animal owner;

e. If alleging a nuisance or dangerous, vicious animal, a statement that the animal attacked the complainant or some other person or animal as witnessed by the complainant, or such facts as warrant a finding that the animal is a nuisance or vicious, dangerous or diseased; and

f. Other facts and circumstances of the incident. (1992 Code § 4-171)

B. Impoundment: It is the duty of the animal control officer, upon receipt of a verified complaint as outlined in this section, to cause the animal involved to be impounded pending a determination as required in this section. Any and all expenses associated with the impounding, including shelter, food, handling and veterinary care, shall be borne by the owner of the animal during the period of impoundment. (1992 Code § 4-172)

C. Hearing: The municipal judge, in addition to any hearings which may be required on criminal charges, shall hold a hearing within ten (10) days of the date of impoundment to determine if the animal is a "nuisance", or "vicious", "dangerous" or "diseased" as defined in this chapter. The hearing may be held in conjunction with any criminal proceedings if so ordered by the judge, but in no event shall this delay any hearing determination of viciousness. (1992 Code § 4-173)

D. Determinations:

1. The municipal judge shall be empowered to make one of the following determinations as a result of the hearing to determine if an animal is vicious, dangerous or diseased:

a. That the animal is in fact not vicious, dangerous or diseased, in which event, the animal control officer shall cause it to be surrendered to the owner of the animal, upon payment by the owner of the expenses outlined in this section.

b. That the animal is in fact vicious, dangerous or diseased, and should be destroyed.

c. That the animal is vicious, dangerous or diseased but that for good cause shown, the animal should not be destroyed, in which event, the judge shall order one of the following:

(1) That the animal be immediately removed from the corporate limits of the city and not to ever be again allowed within the corporate limits of the city, and that the owner shall pay all fees required.

(2) That the owner be allowed to maintain the vicious animal within the corporate limits of the city under the conditions specified as follows:

(A) Payment of all fees required in this section.

(B) That the animal be leashed and muzzled. No person covered by this requirement shall permit the animal to go outside its kennel or pen unless the animal is securely leashed with a leash no longer than four feet (4') in length. No person shall permit the animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animal may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all animals on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.

(C) That the animal be confined. All animals covered by this requirement shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides. All structures used to confine such animal must be locked with a key or combination lock when the animal is within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet (2'). All structures erected to house the animals must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated, and kept in a clean and sanitary condition.

(D) That the animal be confined indoors. No animal covered by this requirement may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows or screen doors are the only obstacle preventing the animal from exiting the structure.

(E) That a warning sign be displayed. All owners, keepers or harborers of animals covered by this requirement shall display in a prominent place on the premises where the animal is kept a sign easily readable by the public using the words "BEWARE OF VICIOUS ANIMAL". In addition, a similar sign is required to be posted on the kennel or pen of such animal.

d. An owner whose animal is adjudged to be vicious at the hearing and sentence is imposed by the judge pursuant to this subsection, upon written demand, may appeal the judge's decision within ten (10) days to the district court of the county in the same manner as other appeals from actions of the municipal court.

2. If the judge finds that an animal is a nuisance, he may order destruction of the animal or other penalty or action provided in subsection A1 of this section or this code. If the owner of such animal shall provide good and sufficient bond as set by the judge with surety, approved by the court, conditioned that the owner shall abate and prevent the nuisance, the court may order the return of the animal to the owner upon payment of the impoundment or other fees and the approval of the surety. In no event shall a dog be returned to the owner if it is not vaccinated, registered or licensed as required in this chapter.

3. On other violations of this chapter, the judge may take whatever action deemed necessary, including, but not limited to, the actions in subsection A1 of this section if appropriate, in addition to fine or penalty. (1992 Code § 4-174)

 6-5-19: PENALTY:

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in sections 1-4-1 and 1-4-1-1 of this code. (1992 Code § 4-181)

 

     1-4-1-1: CITATIONS; FINE SCHEDULE

 

 

 

Cruelty to animals

6-5-4

 

159.00

 

Animal running at large

6-5-5

 

89.00

 

Noisy animals; complaint procedure for animals which disturb in violation of code

6-5-7

 

59.00

 

Keeping of large animals in certain
areas

6-5-8

 

129.00

 

Keeping dangerous, vicious animals 

6-5-9

 

59.00

 

Annual dog license

6-5-12

 

59.00

 For more information on City of Catoosa Ordinances go to www.sterlingcodifiers.com/OK/Catoosa/index.htm

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