04-21-2025 - Agenda Packet Planning Commission - Packet

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(a) (b) (a) (b) (a) (b) (c) (1) (2) (3) (4) (5) (6) (7) (d) (a) (b) (c) Sec. 3-1-6. - Vaccination certicates, fees and enforcement; rabies vaccination required. It is unlawful for any person to keep, harbor, or maintain any animal over the age of four months which is susceptible to rabies unless that animal has a current rabies vaccination or unless otherwise specified by a licensed veterinarian. (Code 1965, § 106A.06; Ord. No. 4191, 4-20-2015) Sec. 3-1-7. - Running at large. Any animal except cats. No owner of any animal, except a cat, whether kept, harbored, or maintained within or without the city, shall permit or suffer such animal to run or move at large at any time within the city. For the purpose of this section, every such animal at large shall be deemed at large with the permission and at the sufferance of its owner, and in the event of a violation of the provisions of this section, it shall be no defense that the offending animal escaped or is otherwise at large without the permission or sufferance of its owner. Cats. Notwithstanding the provisions of subsection (a) of this section, the owner of a cat shall not permit such animal to be at large on public property or on the private property of another unless the owner of such property actually consents thereto. (Code 1965, § 106A.09; Ord. No. 4191, 4-20-2015) Sec. 3-1-8. - Condition of premises; excrement. Dog and cat excrement. It is unlawful for any person who owns or has custody of a dog or cat to cause or permit such animal to defecate on any private property without the consent of the property owner or on any public property, unless such person immediately removes the excrement and places it in a proper receptacle. The provisions of this subsection shall not apply to Seeing-Eye dogs under the control of a blind person or dogs while being used in city police activity. Penalty. Violation of this section shall be a petty misdemeanor. (Code 1965, § 106A.09) Sec. 3-1-9. - Barking dogs. Nuisance. It shall constitute a nuisance and be unlawful if any dog barks, whines, howls, bays, cries or makes other noise excessively so as to cause annoyance, disturbance or discomfort to any reasonable person of ordinary sensibilities, provided that such noise lasts for a period of more than five minutes continuously or intermittent barking that continues for more than one hour and is plainly audible outside the property limits of where the dog is kept. It shall not be a violation of this section if the dog was barking, crying or making other noise due to harassment or injury to the dog or a trespass upon the premises where the dog is located. Penalty. A first time violation of this section shall be deemed a petty misdemeanor. Seizure; noise abatement. Any police officer or animal control officer may enter onto private property and seize any barking dog, provided that the following conditions exist: There is an identified complainant other than the police or animal control officer making a contemporaneous complaint about the barking; The officer reasonably believes that the barking meets the criteria set forth in subsection (a) of this section; The officer can demonstrate that there has been at least one previous complaint of a dog barking at this address on a prior date; The officer has made reasonable attempts to contact the owner of the dog or the owner of the property and those attempts have either failed or have been ignored; The seizure will not involve forced entry into a private residence. Use of a passkey obtained from a property manager, landlord, innkeeper, or other person authorized to have such a key shall not be considered as a forced entry; No other less intrusive means to stop the barking is available; and Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible. Disposition of seized animals. Any dog seized under the provisions of subsection (c) of this section shall be taken to the animal control shelter and kept there to be reclaimed by the owner. No impound fee shall be charged unless the circumstances indicate that the owner failed to cooperate with or obstructed an animal control or police officer's attempts to abate the noise through other less intrusive means. The owner shall pay all other fees required under section 3-1-13. Any dog seized under subsection (c) of this section which is unclaimed may be disposed of according to the provisions of section 3-1-14. (Code 1965, § 106A.10) Sec. 3-1-10. - Abuse/neglect of animals. Food. Animals must be provided with food of sufficient quantity and quality to allow for normal growth and maintenance of body weight. Water. Animals must be provided with clean, fresh water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water supply. 191