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HomeMy WebLinkAboutOrdinance 10-1987 • • � , - _ : ORDINANCE NO. 10-87 AN ORDINANCE AMENDING CHAPTER 7 OF THE REVISED ORDINANCES OF THE CITY OF BROOKINGS PERTAINING TO ANIMALS AND FOWL. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS , SOUTH DAKOTA, THAT CHAPTER 7 OF THE REVISED ORDINANCES OF THE CITY OF BROOKINGS BE AMENDED AS FOLLOWS: i ARTICLE I . GENERAL Sec . 7-1 . Definitions . For the purpose of interpreting this Chapter, the following words, terms and phrases, shall have the meaning respectively given herein. Animal Control Officer. The person or persons appointed by the City to act as Animal Control Officer of the City. Guard Dog. Any dog that is utilized to protect property. Owner. Any person owning, keeping, harboring or having under their control one (1) or more dogs, cats or other domestic animals . Sec . 7-2 . Disturbance of Peace . The owner of an animal shall not allow the animal to disturb the peace and quiet of the CitY or of any person. Sec . 7-3 . Animals on School Grounds or Recreation Areas . No owner shall permit any animal upon anY school ground when school is in session, or upon any public recreation area when an organized activitY is being conducted, unless the animal is in the control of an owner bY a leash or similar device . -1- Sec . 7-4. Cruelty to Animals . No person shall cruelly beat, torture or inJure any animal , nor overload any working animal , nor shall any person willfully or negligentlY maltreat or abuse or treat or neglect in a cruel or inhumane manner any such animal . Sec . 7-5 . Teasing, Baiting, Etc . It shall be unlawful for any person to tease, bait or harass anY animal . Sec . 7-6 . Humane Care of Animals . All owners shall provide their animal (s) with sufficient food and water, proper shelter, humane care and treatment and veterinarY care when needed to prevent suffering. No person shall mistreat any animal nor shall any animal be abandoned. Unwanted animals may be taken to the Animal Control Shelter. Sec . 7-7 . Unlawful to Poison. It shall be unlawful for any person to willfully or maliciously administer or cause to be administered poison of anY sort whatsoever to any animal with the intent to in�ure or destroy such animal , or to willfully or maliciously Place anY poison or poisoned food where the same is accessible to anY animal . Rodenticides must be -2- administered by a licensed exterminator, with the exception of anyone administering a warfin rodenticide . � Sec . 7-8 . Fights Between Animals . No person shall in the city engage in or allow any fighting between animals, birds, or fowl of any kind upon their premises or premises in their possession or under their control ; nor shall anY person keep any house, pit, or other place to be so used in permitting fights between animals, birds, or fowl ; nor shall any person for anY bet, stake, reward or entertainment instigate or encourage any animal , bird, or fowl to attack, bite, wound or worrY another. Sec . 7-9 . Trapping of Animals . No person shall set, allow to be set, or use anY trap for the purpose of catching any animal , which trap could in�ure or kill any animal , without permission of the City Health Department, except rodent traps shall be permitted within the interior of a building. Sec . 7-10 . In�ured or I11 Animals . Whenever an Animal Control Officer encounters a stray animal suffering pain, they shall take the animal to a veterinarian where the cost of any care or treatment shall be borne by the owner. If ownership of the animal cannot be determined, the Animal Control -3- Officer shall act in accordance with the instructions received from the City Health Department . ��� 7-11 Confinement of Animals which cause inJurY to persons; immunization against rabies required before release . n) The Animal Control Officer or any police officer or other persons of proper authority is herebY authorized and empowered to impound and confine any animal which they have reason to believe has bitten, scratched, or otherwise inJured any person. b) Any animal that has the potential to carry rabies and that has in�ured any person shall be confined at the expense of the animal 's owner for a period of fourteen (14) days in a manner directed bY the Police Department or Health Officer; however, if the Health Officer has reason to believe that the animal is rabid, an additional confinement period may be ordered to determine whether the animal is rabid. c) If it is determined during the confinement period that the animal may have rabies and a tentative diagnosis is given by a licensed veterinarian, the Animal Control Officer shall destroy the animal by humane means and obtain laboratory confirmation of rabies . -4- d) Every owner having knowledge that their animal has bitten or is suspected of biting a human shall immediatelY report the incident to the Animal Control Officer for disposition of the animal in accordance with the provisions of this Chapter. e) Tha owner ot any dog or cat confined under the provisions of this section may obtain relaaae of their dog or cat from confinement upon demonstrating proof of a current rabies vaccination and proof of a current dog or cat license, and upon approval of the CitY Health Department . Sec . 7-12 . Enforcement The Animal Control Officer, or any properlY designated city emploYee, is authorized to enter upon private property for the purpose of enforcing this Chapter. No person shall conceal any animal or otherwise interfere with the proper enforcement of this Chapter. The Animal Control Officer or any properly designated city employee may impound an animal in violation of this Chapter. Sec . 7-13 . Penalty. If the owner in possession of an animal refuses to provide proof of rabies vaccination as requested in Section 17-13, or any person otherwise violates the provisions of this Chapter, said conduct shall -5- constitute a violation punishable upon conviction by a fine of not more than one hundred dollars ($100 .00) for each offense. Each day a violation occurs shall constitute a separate offense. Sec . 7-14. �trict Responsibility, The owner of anY animal ahall be hald strictly responsible for anY damage their animal does to other persons or property. Sec . 7-15----7-24. Reserved. -6- . ARTICLE II . KEEPING REGULATIONS Sec . 7-25 . Animals Running At Large . No person shall allow any horses, cattle, swine, sheep, goats or other domestic animals to run at large within the city. Sec . 7-26 . Fowl A� Larg� Prohibited. It shall be unlawful for anY person to permit or suffer to permit anY guinea fowl , ducks, geese, turkeys or other domestic fowl except pigeons, to run or be at large within the city. Sec . 7-27 . Proximity of Animals to Dwellings . No person shall keep any horse, cow, goat, sheep or other live- stock, or erect or maintain any building or enclosure for use in keeping of any such animals within one hundred twenty-five (125) feet of any church, school or other public building or within one hundred I twenty-five (125) feet of any dwelling house, store or building used for human habitation, other than that of the owner of such animals. Sec . 7-28 . Proximity of Fowl to Dwellings . It shall be unlawful for any person to enclose or house any guinea fowl , ducks, geese, turkeys, or other domestic fowl , except pigeons, in any house, pen or coop or enclosure or other building -7- situated within the distance of one hundred twenty-five (125) feet of any church, school or other public building or within one hundred twenty-five (125) feet of any dwelling house, store or other building used or occupied as a residence of any person other than that of the owner of such fowl . Sec 7-29 . g�nitary Condition Required. No person shall keep or maintain any building or enclosure where livestock or domestic fowl is kept, unless the same be at all times kept in a clean and sanitary condition and in accordance with the rules and regulations of the City Health Department . Sec . 7-30 . Keeping of Bees Prohibited. No person shall keep or have, within the city, any bees, swarms of bees, or hives of bees . Sec . 7-31 . Swine Prohibited. No person shall place, keep or maintain live hogs, pigs or other swine within the city, excepting such hogs as are kept in the Yards or pens of the railway companies for shipping purposes or in pens, houses or yards of the stockYards, packinghouses, or butcher shops and kept for the purpose of immediate shipment or slaughter, or at South Dakota State University for purposes of breeding or experimentation. -8- Sec . 7-32 . Picketing Animals . � No person shall , within the city, stake out any domestic animal in such manner as to permit such animal to go upon any street, alley or sidewalk or to approach within one hundred twentY-five (125) feet of any dwelling house or building used for human habitation other than that of the ownar of such animal . Sec . 7-33---7-42 . Reserved. -9- ARTICLE III . DOGS AND CATS Division I : GENERAL Sec . 7-43. Prohibited At Large . It shall be unlawful for any person to permit or suffer to run at large within the city any dog whether licensed or unlicensed. Sec . 7-44. Disturbance or Nuisance . No person owning anY dog or cat, licensed or unlicensed, shall suffer or permit such dog or cat to disturb the peace and quiet of the neighborhood bY continuous barking or making other loud or unusual noises, or becoming a public nuisance by destroying or defacing property or causing injury to persons or domestic animals. Sec 7-45 Confinement of Female Dogs and Cats in Heat . Every female dog or cat in heat shall be confined in a building or secure enclosure, or in a veterinarY hospital or boarding kennel , in such manner that the female dog or cat cannot attract another animal . -10- Sec 7-46 . Confinement maY be Required. The City Health Officer in an emergency situation may order that all dogs and cats in the city shall be confined in such a manner as to make it impossible for said dogs and cats to bite any person, dog, cat or other animal . A statement declaring the confinement order shall be issued to all local news media upon twenty-four (24) hours notice. Sec . 7-47. Defecation Disposal . No owner, keeper, caretaker or attendant of a dog or cat shall allow that animal to defecate on public or private property other than their own. If such dog or cat does defecate upon such public or private property, the owner, keeper, caretaker or attendant must immediatelY clean the fecal material from such property. Sec . 7-48 . Vicious Dogs . No vicious dog shall be allowed off the premises of its owner unless muzzled and on a leash in charge of the owner or a member of the owner's immediate family over sixteen (16) years of age. A dog is declared to be vicious within the meaning of this section when it has bitten anY person, or when a propensity to attack or bite human beings shall exist and is known or ought reasonably to be known to the owner. Any vicious dog which is found off the premises of its owner other -11- than as herein provided, may be seized by any person and upon delivery to the proper authorities may upon establishment of the vicious character of said dog, be humanely disposed of by a Police Officer or Animal Control Officer or other person or persons authorized bY the governing body. Division II : LICENSING Sec . 7-49 . Required. It shall be unlawful for any person within the city to keep, maintain or have in their custody or under their control , any dog or cat which is over the age of six (6) months, without first having obtained a license from the CitY Finance Officer or an authorized agent . Sec . 7-50 . Application . Any person or designated agent desiring to keep, maintain or have in their custody or control within the city, any dog or cat, shall on or before the thirty-first day of December of each year make application to the City Finance Officer or an authorized agent for a license to keep such dog or cat . Such application shall be in writing stating name, sex, color and other distinguishing characteristics, -12- such as" guard dog", of said dog or cat and the name of the owner thereof, which application shall be made on a printed blank furnished bY the City Finance Officer or an authorized agent and shall be filed with said City Finance Officer or an authorized agent. Sec . 7-51 . Rabies Vaccination. No dog or cat license tag shall be issued to any owner of any dog or cat who does not present to the City Finance Officer or an authorized agent at the time of making application for such license a certificate of vaccination against rabies by a veterinarian duly licensed to practice veterinary medicine within any State, which certificate must show the date of such vaccination and must state the period of time for which the dog or cat is effectively im�unized, which period of immunization must be for at least one (1) year from date of issuance of license . Sec . 7-52 . Fee . Before any license shall be issued under the provisions of this Chapter, the applicant shall paY to the City Finance Officer or an authorized a3ent a fee for each dog or cat to be licensed. The annual fee for said license shall be three dollars ($3. 00) for unspayed or unneutered dogs or cats and one dollar ($1 .00) for spayed or neutered dogs or cats. -13- Sec . 7-53. Authorized Agent ' s Fee . In the event the license fee shall be collected by a veterinarian so authorized by the City Finance Officer, the veterinarian may charge an additional fee of one dollar (�1 .00) for their aervices in issuing said license . Sec . 7-54. Issuance of Tag. It shall be the duty of the City Finance Officer or an authorized agent, at the time of the issuance of the license herein provided for, to furnish and deliver to said applicant a tag for each dog or cat for which such license is issued, upon which tag shall be stamped or engraved the registered number of the dog or cat and the year for which such license is issued. Sec . 7-55 . Dog or Cat to Wear Tag. It shall be the duty of the owner or keeper of the dog or cat to place a collar around the neck of each dog or cat, on which collar shall be securely fastened the tag furnished bY the City Finance Officer or by an authorized agent under the provisions of this Chapter. -14- Sec . 7-56 . Duplicate Tag. In the event of the loss of any tag issued under the provisions of this Chapter, the City Finance Officer or an authorized agent is hereby authorized to issue a duplicate tag upon payment of the actual cost of the duplicate tag and when the application has been made and upon receipt of a signed statement that the original tag has been lost. Division III : IMPOUNDMENT Sec . 7-57 . Notice to Owner. The owner of any do3 or cat impounded under the provisions of this Chapter, if their identity and location can be obtained by reasonable means, shall within twenty-four (24) hours be notified that their dog or cat has been impounded. Sec . 7-58 . Fees . The following fees shall be charged for the impoundment of any dog or cat under the provisions of this division: a) First redemption of a dog or cat within a calendar year. . .$10.00 b) Second redemption of a dog or cat within a calendar year. $15.00 c) Each additional redemption of a dog or cat within a -15- calendar year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20. 00 Whenever any dog or cat is impounded, an additional fee of two dollars ($2 .00) shall be charged for each day, or fraction thereof, of impoundment for feeding and caring for such dog or cat. In the event a dog or cat is adopted, the adoption fee for a dog or cat shall be fifteen dollars ($15 . 00) and if the dog or cat is over six (6) months old, the cost of a rabies vaccination and a City license shall also be required. Sec . 7-59 . Redemption of A Dog or Cat . The owner of any impounded dog or cat, upon satisfactory proof of ownership, may redeem their dog or cat upon payment of fees and charges as provided in Section 7-57, and upon proof of a current rabies vaccination and city license . The owner of any impounded dog or cat which has not been vaccinated or licensed under this Chapter, upon satisfactory proof of ownership, may redeem his dog or cat by making a deposit of twenty-five dollars t�25 . 00) with the Animal Control Officer and be allowed five days (5� to get such dog or cat vaccinated and properlY licensed. Upon presentation within five (5) days of a license issued under this Chapter, the deposit shall be refunded. -16- If such owner fails to procure a certificate of vaccination and city license within five (5) days, the twenty-five dollar t$25.00) deposit shall be forfeited and turned over to the City Finance Office to be placed in the general fund and the dog or cat shall be impounded again. S�c 7-�i� . R��i�:tnFt�i��n by P?�s�n ��ther Than Owner. If the owner of anY dog or cat impounded under the provisions of this Chapter shall fail to redeem their dog or cat within five (5) daYs after such impoundment, anY other person may, upon complying with the provisions of this Chapter, redeem such dog or cat from the animal shelter and become the lawful owner of such dog or cat thereafter. Sec 7-61 Disposition of Unredeemed Dogs and Cats . All dogs and cats impounded under the provisions of this Chapter and remaining unclaimed after five (5) days of impoundment, unless impounded for a longer specified time by the order of the City Health Department may be disposed of by humane means by the Animal Control Officer without notice . Sec . 7-62 . Alternate Procedure . In the event a dog or cat cannot be captured and the owner is -17- known to the Animal Control Officer, then the Animal Control Officer may issue a notice to the owner that their dog or cat is in violation of this Chapter, which said notice shall state the violation date, tima, location, breed and color of the dog or cat, the license number, if known and the name and address of the owner of said dog or cat, and which said notice shall direct the owner of said dog or cat to pay the fees as provided in 3ection 7-57 either by mail or in person to the City Health Department within ten (10) days of said notice. Failure to pay said fees shall subJect owner to the penalties set forth in this Chapter. Sec . 7-63 . Acceptance . The City of Brookings Animal Shelter shall accept unwanted animals from residents of Brookings County for adoption or humane disposition providing the appropriate fees are paid and authorization given by the owner. Sec . 7-64. Fees . The fee for acceptance of animals at the Animal Shelter will be: (a) Six dollars ($6 . 00) for each adult animal . (b) Six dollars ($6 .00) for each pen of �uvenile animals. -18- Division IV: GUARD DOGS Sec . 7-65 . Required. The owner of a dog whose purpose is to guard and protect property must designate that their dog is a "guard dog" at the time of obtaining a city dog license . Sec . 7-66 . Signs Posted. It shall be the responsibility of the owner of a guard dog to post appropriate warning signs indicating that there is a guard dog upon the premises . Sec . 7-67. Confinement . The guard dog shall be confined to the premises protected bY said dog. Sec . 7-68----7-75 . Reserved. -19- . , ARTICLE IV. WILD ANIMALS Sec . 7-76 . General . In the interest of public safety, all wild animals, whose peers exist predominately in a wild or nonresidential confined state and whose unconfined prasenca might constitute a danger to humans, shall be registered with the City of Brookings Animal Control Department. Sec . 7-77 . Notification. The City of Brookings Animal Control Department shall provide copies of all wild animal registrations to the Police Department and other emergency rescue personnel which may have reason to enter the premises where wild animals are present, for purposes of rescue operations resulting from a natural disaster or personal emergency. -20- . � � ' ' Any and all ordinances in conflict herewith are hereby repealed. FIRST READING: Ma� 19 . 1987 SECOND READING , AMENDED: August 25 . 1987 PASSED AND APPROVED: August 25 , 1987 CITY OF BROOKINGS : ��� �� Gail Robertson, Mayor ATTEST: . 6 4 ti.�r� City Finance Offi