HomeMy WebLinkAboutChapter 14 Animals proposed code revisionCode of Ordinances - Chapter 14 - ANIMALS
ARTICLE I. - IN GENERAL
Secs. 14-1-14-30. - Reserved.
ARTICLE II. - ANIMAL CONTROL
DIVISION 1. - GENERALLY
Sec. 14-31. - Definitions.
TC 03/28/16
The following words, terms and phrases when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Adequate fencing means fence which contains livestock or any other
animal upon the owner's or occupier's property and prevents same from
escaping.
Animal means any live creature, both domestic and wild, except
humans. The term "animal" includes fowl, fish and reptiles.
Animal control authority means a municipal or county animal control
office with authority over the area in which the doq is kept or the county
sheriff in an area that does not have an animal control office.
Animal control officer means an employee or agent of the town,
designated by the town manager to administer and enforce the licensing,
inspection and enforcement requirements contained within this article.
Animal hospital means any establishment maintained and operated by
a licensed veterinarian for surgery, diagnosis, and treatment of animal
diseases and injuries.
Animal nuisance means any nuisance arising out of the keeping,
maintaining or owning of, or failure to exercise sufficient control of, an
animal.
Animal shelter means any facility operated by or contracted with the
town or humane society for the temporary care, confinement and detention
of animals and for the humane euthanizing and other disposition of
animals. The term "animal shelter" shall also include any private facility
authorized by the town manager or their designee to impound, confine,
detain, care for or euthanize any animal.
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At heel means that a dog is directly behind or next to a person and
obedient to that person's command.
At large means that an animal is off the premises of the owner, and not
on a leash or otherwise under the immediate control of a person physically
capable of restraining the animal.
Auction means any place or facility where animals are bought, sold or
traded, except for those facilities otherwise defined in this chapter. This
definition does not apply to individual sales of animals by owners.
Cats. The word "cats" when used herein shall mean cats of all ages,
both male and female.
Collar. Any neck restraint constructed of nylon, leather, or similar
material, specifically designed to be used for an animal.
Cruelty means any act or omission whereby unjustifiable physical pain,
suffering or death of an animal is caused or permitted, including failure to
provide proper drink, air, space, shelter or protection from the elements, a
sanitary and safe living environment, veterinary care or nutritious food in
sufficient quantity. In the case of activities where physical pain is
necessarily caused, such as medical and scientific research, food
processing, customary and normal veterinary and agricultural husbandry
practices, pest elimination, and animal training and hunting, the term
"cruelty" shall mean a failure to employ the most humane method
reasonably available.
Custodian. A person or agency which feeds, shelters, harbors, owns,
has possession or control of, or has the responsibility to control an animal.
Disposition means adoption, quarantine, voluntary or involuntary
custodianship or placement, or euthanasia humanely administered to an
animal. The term "disposition" includes placement or sale of an animal to
the general public, or removal of an animal from any pet shop to any other
location.
Domestic animal means dogs, cats, domesticated sheep, horses, cattle,
goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and
rabbits, pheasants, and other birds and animals raised and/or maintained in
confinement.
Exotic animal means any live monkey, alligator, crocodile, cayman,
raccoon, skunk, fox, bear, sea mammal, poisonous snake, member of the
feline species other than domestic cat (Felis domesticus), member of the
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canine species other than domestic dog (Canis familiaris) or any other
animal that would require a standard of care and control greater than that
required for domestic farm animals or customary household pets sold by
commercial pet shops.
Fowl. Chickens, turkeys, pheasant, peacocks, quail, geese, ducks or
similar feathered animals, regardless of age, sex or breed.
Guard dog and attack dog mean a dog trained to attack on command or
to protect persons or property, and who will cease to attack upon
command.
Harbor means to feed or shelter an animal for three or more
consecutive days.
Impoundment means the taking into custody of an animal by any police
officer, animal control officer, or any authorized representative thereof.
Kennel means any premises wherein any person engages in the
business of boarding, breeding, buying, letting for hire, training for a fee, or
selling dogs or cats.
Livestock. Horses, mules, donkeys, cattle, goats, sheep, Asian pot
bellied pigs, swine, ostriches, emus and llamas, regardless of age, sex or
breed.
Owner means any person having temporary or permanent custody of,
sheltering or having charge of, harboring, exercising control over, or having
property rights to, any animal covered by this article.
Pet shop. Any person, partnership or corporation, whether operated
separately or in connection with another business enterprise except a
licensed kennel, that buys, sells or boards any species of pets.
Possession. Actual care, custody, control or management of a certain
animal.
Premises.
(1) A parcel of land (one (1) or more contiguous lots) owned, leased or
controlled by one (1) or more persons; or
(2) A building or part of a building.
Prohibited animals or hazardous animal. Any animal not normally
considered domesticated and capable of (or inclined to do) serious bodily
harm to humans or other animals or fowl as determined by the city. These
animals include (but are not limited to) any venomous lizard or snake, boa
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constrictor, python, emperor scorpion, bat, raccoon, skunk, fox, bear,
elephant, kangaroo, non -human primate, including monkey and
chimpanzee, antelope, deer, wolf or wolf -hybrid, lion, tiger, ocelot, bobcat
or any other large cat, alligator, crocodile, feral swine, and their allies.
Properly fitted. With respect to a collar, a collar that measures the
circumference of a dog's neck plus approximately one inch.
Public nuisance animal means any animal that unreasonably annoys
humans, endangers the life or health of persons or other animals, or
substantially interferes with the rights of citizens, other than their owners, to
enjoyment of life or property. The term "public nuisance animal" shall
include, but not be limited to:
(1) Any animal that is repeatedly found running at large;
(2) Any dog or cat in any section of a park or public recreation area
unless the dog or cat is controlled by a leash or similar physical
restraint;
(3) Any animal that damages, soils, defiles or defecates on any property
other than that of its owner;
(4) Any animal that makes disturbing noises, including but not limited to,
continued and repeated howling, barking, whining, or other
utterances causing unreasonable annoyance, disturbance, or
discomfort to neighbors or others in close proximity to the premises
where the animal is kept or harbored;
(5) Any animal that causes fouling of the air by noxious or offensive
odors and thereby creates unreasonable annoyance or discomfort to
neighbors or others in close proximity to the premises where the
animal is kept or harbored;
(6) Any animal in heat that is not confined so as to prevent attraction or
contact with other animals;
(7) Any animal, whether or not on the property of its owner, that without
provocation, molests, attacks, or otherwise interferes with the
freedom of movement of persons in a public right-of-way;
(8) Any animal that chases motor vehicles in a public right-of-way;
(9) Any animal that attacks domestic animals;
(10) Any animal that causes unsanitary conditions in enclosures or
surroundings where the animal is kept or harbored;
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(11) Any animal that is offensive or dangerous to the public health,
safety or welfare by virtue of the number of animals maintained at a
single residence or the inadequacy of the facilities.
Restraint. A chain, rope, tether, leash, cable, or other device that
attaches a dog to a stationary objector trolley system.
Sanitary means a condition of good order and cleanliness to minimize
the possibility of disease transmission.
Secure enclosure. Means a fenced area or structure that is:
(1) Locked;
(2) Capable of preventing the entry of the general public, including
children;
(3) Capable of preventing the escape or release of the animal; and
(4) Clearly marked as containing a dangerous animal.
Stray animal. An animal which is not on a leash or enclosed in a fenced
yard.
Under restraint means that an animal is secured by a leash, lead under
the control of a person physically capable of restraining the animal and
obedient to that person's commands, or securely enclosed within the real
property limits of the owner's premises.
Vaccination. An injection of any vaccine for rabies approved by the
state veterinarian and administered or supervised by a licensed
veterinarian.
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bites, or physically injures human beings,
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training, has
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domestic animals, or livestock
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known propensity to attack,
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bite, or physically injure human
without provocation has bitten or attacked
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a human being or other animal
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Vicious or Dangerous animal.
(1) Makes an unprovoked attack on a person or animal that causes
bodily injury and occurs in a place other than an enclosure in which the
animal was being kept and that was reasonably certain to prevent the
animal from leaving the enclosure on its own; or
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(2) Commits unprovoked acts in a place other than an enclosure in
which the animal was being kept and that was reasonably certain to
prevent the animal from leaving the enclosure on its own and those acts
cause a person to reasonably believe that the animal will attack and cause
bodily injury to that person.
Wild animal means any monkey, nonhuman primate, raccoon, skunk,
fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal
that can normally be found in a wild state. The term "wild animal" does not
include domestic dogs (excluding hybrids with wolves, coyotes or jackals),
domestic cats (excluding hybrids with ocelots or margays), farm animals,
rodents, any hybrid animal that is part wild, and captive -bred species of
common cage birds.
(Ord. No. 347, § 2, 2-14-2000)
Cross reference— Definitions generally, § 1-2.
Sec. 14-32. - Nuisances.
It shall be unlawful for any person to keep any animal on any property
located within the corporate limits of the town when the keeping of the
animal constitutes a public nuisance or menace to public health or safety.
(Ord. No. 347, § 3, 2-14-2000)
Sec. 14-33. - Keeping of exotic animals.
It shall be unlawful for anyone to own or harbor any exotic animal
without the written permission of the town manager or his/her designee.
Such permission shall be given only if it is demonstrated to the satisfaction
of the town manager or his/her designee that the animal will not constitute
a threat to public health or safety.
(Ord. No. 347, § 4, 2-14-2000)
Sec. 14-34. - Number of animals kept; location of kennels.
1 (a) It shall be unlawful for any person to keep more than three four (4)
dogs, cats or other animals within the town; except that a litter of pups,
kittens or other young animals may be kept for a period of time not
exceeding five months from birth. This subsection shall not apply to any
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permitted establishment where animals are kept for breeding, sale,
sporting purposes, or boarding. The number of large animals may not
exceed that allowed in section 14-40.
(b) In areas where kennels are permitted, no kennel shall be located closer
than 500 feet from the property line of the nearest adjacent residential
lot.
(Ord. No. 347, § 5, 2-14-2000)
Sec. 14-35. - Caring for animals.
(a) It shall be unlawful for the owner or custodian of any animal to refuse or
fail to provide the animal with sufficient wholesome and nutritious food,
potable water, veterinary care when needed to prevent suffering,
humane care and treatment, or to unnecessarily expose the animal in
hot, stormy, cold or inclement weather.
(b) No owner or custodian of any animal shall willfully abandon the animal
on any street, road, highway or public place, or on private property
when not in the care of another person.
(Ord. No. 347, § 6, 2-14-2000)
Sec. 14-36. - Sanitation.
(a) No owner or custodian of any animal shall cause or allow the animal to
soil, defile or defecate on any public property or upon any street,
sidewalk, public way, play area or common grounds owned jointly by
the members of a homeowners or condominium association, or upon
private property other than that of the owner, unless the owner or
custodian immediately removes and disposes of all feces deposited by
the animal by the following methods:
(1) Collection of the feces by appropriate implement and placement in a
paper or plastic bag or other container; and
(2) Removal of the bag or container to the property of the animal owner
or custodian and disposition thereafter in a manner as otherwise
may be permitted by law.
(b) No person owning, harboring or keeping an animal within the town shall
permit any waste matter from the animal to collect and remain on the
property of the owner or custodian, so as to create an unhealthy,
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unsanitary, dangerous or offensive living condition on the owner's or
custodian's property, or to abutting property of others.
(c) No person owning, harboring, keeping or in charge of any animal shall
cause unsanitary dangerous or offensive conditions by virtue of the size
or number of animals maintained at a single location or due to the
inadequacy of the facilities.
(Ord. No. 347, § 7, 2-14-2000)
Sec. 14-37. - Injuring and poisoning of animals prohibited.
(a) It shall be unlawful for any person to willfully or maliciously strike, beat,
abuse, or intentionally run down with a vehicle any animal, or otherwise
engage in any act to cause or inflict unnecessary pain, injury, suffering
or death to the animal; except that reasonable force may be used to
drive away vicious or trespassing animals.
(b) No person, except a licensed veterinarian for humanitarian purposes,
shall administer poison to any animal, or knowingly leave any
poisonous substance of any kind or ground glass in any place with the
intent to injure any animal. The provisions of this section are not
applicable to licensed exterminators using poisons as part of a pest
control program or the use of commercial insecticides and rodent baits
used to control insects and wild rodents.
(Ord. No. 347, § 8, 2-14-2000)
Sec. 14-38. - Disposition of large animals.
Any animal control officer or other designated person on call who
removes a large animal such as a horse, cow, mule or any other animal not
acceptable by any animal hospital or shelter shall be authorized to call a
trucking firm or company which shall convey the animal to a farm or other
appropriate facility that has an agreement with the town to accept such
animals. The disposition of any animal removed to a facility other than an
animal hospital or shelter shall be handled in the same manner as though
the animal were confined in an animal hospital or shelter.
(Ord. No. 347, § 14, 2-14-2000)
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Sec. 14-39. - Vaccination of dogs and cats.
Proof of rabies vaccination is required. All owners of dogs or cats must
show to the satisfaction of the animal control officer that their dog or cat
has been inoculated against rabies within the last two years.
(Ord. No. 347, § 15, 2-14-2000)
State Law reference— Rabies vaccinations, V.T.C.A., Health and Safety
Code § 826.021 et seq.
Sec. 14-40. - Area for keeping grazing animals.
Grazing animals 500 pounds or greater, including horses and cattle,
must have a minimum fenced or enclosed area of 40,000 square feet per
animal. Grazing animals of less than 500 pounds, including sheep and
goats, must have a minimum fenced or enclosed area of 15,000 square
feet per animal.
(UDC 1994, art. IV, § 7.1; Ord. No. 347, § 18, 2-14-2000)
Sec. 14-41. - Enforcement.
Animal control officers, contracted with the town or other designees of
the town manager, shall be the enforcement officials for this article. These
officials, along with police officers, shall have the authority to act on behalf
of the town in investigating complaints, impounding and destroying animals,
issuing citations, and taking other lawful actions as required to enforce the
provisions of this article. It shall be a violation of this article to interfere with
any animal control officer or other enforcement official in the performance
of his duties.
(Ord. No. 347, § 19, 2-14-2000; Ord. No. 512, § 7, 4-23-2007)
Sec. 14-42. - Violations and penalties.
(a) It shall be a violation of this article to:
(1) Fail to comply with any provision of this article; and
(2) Fail to comply with any lawful order of the animal control officer, or
police officer unless the order is lawfully stayed or reversed.
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(b) Any person who violates any provision of this article shall be deemed
guilty of a misdemeanor and shall be punished by a fine of not less than
$50.00 nor more than $4-500.00. If a violation continues, each day's
violation shall be deemed a separate offense.
(Ord. No. 347, § 20, 2-14-2000)
Secs. 14-43-14-60. - Reserved.
DIVISION 2. - HOGS OR SWINE
Sec. 14-61. - Keeping of hogs or swine; restrictions.
It shall be unlawful for any person to keep, harbor or raise within the
limits of the town more than two hogs or swine per acre of landholdings of
such person within the limits of the town, or to construct, erect or maintain
any pen or other enclosure for such animals which is not less than 1,000
feet from any property adjoining the property of the person keeping,
harboring or raising such animals and not less than 1,000 feet from any
public road within the limits of the town.
(Ord. No. 32, § 1, 1-2-1965)
Secs. 14-62-14-80. - Reserved.
DIVISION 3. - RESTRAINT; CONFINEMENT; ANIMALS AT LARGE;
IMPOUNDMENT; UNLAWFUL RESTRAINT OF DOG
Sec. 14-81. - Restraint and confinement generally.
(a) It shall be unlawful for the owner of any animal to fail to keep the animal
under restraint or to permit the animal to run at large upon the streets
and public ways of the town.
(b) Any dog, while on a street, sidewalk, public way or in any park, public
square, or other public space, or upon any private property without the
consent of the owner, shall be secured by a leash or chain of sufficient
tensile strength to restrain the particular dog, or shall be at heel and
securely muzzled.
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(c) No owner or custodian of any animal shall fail to exercise proper care
and control of the animal to prevent the animal from becoming a public
nuisance.
(d) Every female dog or cat in heat shall be confined in a building or other
enclosure in such a manner that the female dog or cat cannot come into
contact with another animal except for planned breeding.
Unlawful restraint of doq.
(a) Prohibited acts. An owner may not leave a doq outside and unattended
by use of a restraint that unreasonably limits the dog's movement:
(1) Between the hours of 10:00 p.m. and 6:00 a.m.;
(2) Within five hundred (500) feet of the premises of a school; or
(3) In the case of extreme weather conditions, including conditions in
which:
a. The actual or effective outdoor temperatures is below 32 degrees
Fahrenheit; or
b. A heat advisory has been issued for the jurisdiction by the National
Weather Service.
(b) Restraints. In this section, a restraint shall be presumed to
unreasonably limit a dog's movement if the restraint:
(1) Uses a collar that is a pinch -type, prong -type, or choke -type or that is
not properly fitted to the dog;
(2) Is a length shorter than the greater of:
a. Five (5) times the length of the dog, as measured from the tip of the
dog's nose to the base of the dog's tail; or
b. Ten (10) feet.
(3) Is in an unsafe condition; or
(4) Causes injury to the doq.
(c) Exceptions. Subsection (a) does not apply to:
(1) A dog restrained to a running line, pulley or trolley system and that is
not restrained to the running line, pulley, or trolley system by means of
a pinch -type, prong -type, choke -type or improperly fitted collar;
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(2) A dog restrained in compliance with the requirements of a camping or
recreational area as defined by a federal, state or local authority or
jurisdiction;
(3) A dog restrained for a reasonable period, not to exceed three (3) hours
in a twenty -four-hour period and no longer than is necessary to allow
the owner to complete the temporary task that requires the dog to be
restrained, but those three (3) hours cannot be within the prohibited
times of 10:00 p.m. to 6:00 a.m. set forth above; a dog restrained while
the owner is engaged in, or actively training for, an activity that is
conducted pursuant to a valid license issued by the State if the activity
for which the license is issued is associated with the use or presence of
a do.
(d) Penalty.
(1) A person commits an offense if the person knowingly violates this
section.
(2) A peace officer or animal control officer who has probable cause to
believe that an owner is violating this Section shall provide the owner
with a written statement of that fact. The statement must be signed by
the officer and plainly state the date on which and the time at which the
statement is provided to the owner.
(3) A person commits an offense if the person is provided with a statement
described in subsection (d)(2) and fails to comply with this section
within twenty-four (24) hours of the time the owner is provided with a
statement. A first time offense under this section is a class C
misdemeanor. If a person has been previously convicted of this offense,
the person shall be prosecuted under state law, providing for a more
serious penalty.
(4) If a person fails to comply with this section with respect to more than
one dog, the person's conduct with respect to each dog constitutes a
separate offense.
(5) A person may be prosecuted under this law or any other law or both.
(e) This section does not prohibit a person from walking a dog with a hand-
held leash.
(f) This section does not authorize a person to allow a dog to run at large.
(Will need to update with Ordinance)
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(Ord. No. 347, § 9, 2-14-2000)
Sec. 14-82. - Restraint of guard dogs.
(a) Every owner of a guard dog or of an attack dog shall keep the dog
confined in a building, compartment or other enclosure. Any such
enclosure shall be completely surrounded by a fence at least six feet in
height and shall be topped with an anti -climbing device constructed of
angle metal braces with at least three strands of equally separated
barbed wire stretched between them.
(b) All anti -climbing devices shall extend inward at an angle of not less than
45 degrees nor more than 90 degrees when measured from the
perpendicular.
(c) The areas of confinement shall all have gates and entrances thereto
securely closed and locked, and all fences properly maintained and
escape proof.
(d) The provisions of this section shall not apply to dogs owned or
controlled by government law enforcement agencies.
(Ord. No. 347, § 10, 2-14-2000)
Sec. 14-83. - Restraint of dangerous/vicious animals; procedures and
hearinq-
(a)Every vicious animal shall be confined by its owner or an authorized
agent of its owner within a building or secure enclosure and,
whenever off the premises of its owner, shall be securely muzzled
and restrained with a chain having a minimum tensile strength of 300
pounds and not more than three feet in length, or caged. Every
person harboring a vicious animal is charged with an affirmative duty
to confine the animal in such a way that children do not have access
to the animal.
(b) Report of attack. The animal control department may receive a
report concerning a dog or animal, which has bitten or attacked a human or
animal. A complainant, who wishes the matter be heard, must file with the
Westlake Municipal Court, a written sworn complaint that must contain the
following known information:
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(1) Name, address, and telephone number of the complainant and any
other witnesses;
(2) Date, time and location of incident(s);
(3) A complete description of the doq or animal (breed, if known, as well
as color and size);
(4) Name, address and telephone numbers of owners, if known, or the
premises where the doq or animal is located;
(5) A statement that the doq or animal has bit or attacked a person or
animal;
(6) A statement that the doq or animal has exhibited vicious
propensities in its past conduct; and
(7) Any other facts and circumstances relating to the incident.
(c)Procedure after complaint is filed. After a sworn affidavit (complaint)
is filed, the animal control department shall investigate the complaint to
determine if the doq or animal is dangerous.
(1) Animal service findings. The animal control department shall make a
finding regarding whether or not the doq or animal is dangerous. If the doq
or animal is found to be dangerous, animal services shall notify the owner
of the determination by personal service or certified mail - return receipt
request. The notification will advise the owner of the right to appeal and will
require that the owner perform the following requirements within thirty (30)
days from receipt of the notice:
(1.1) Register the dangerous doq or animal with the animal control
department.
(1.2) Restrain the dangerous dog or animal at all times on a leash, in
the immediate control of an adult, who is at least seventeen (17) years of
age, or in a secure enclosure.
(1.3) Obtain and provide proof to the animal control department of
liability insurance coverage or provide proof of such liability insurance or
proof of current financial responsibility, in an amount of at least one
hundred thousand dollars ($100,000.00) to cover damages resulting from
an attack by the dangerous dog or animal causing bodily injury or other
damage to a person.
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(1.4) Post on all fences that face public areas, signs that state in bold
letters "DANGEROUS ANIMAL." All signs must be obtained from and
approved by the animal control department.
(1.5) Require that the dangerous dog or animal wear an orange collar
and red tag at all times. All collars and tags must be obtained from and
approved by the animal control department.
(d) Appeal of determination. The owner of a dangerous dog or animal
may appeal animal services determination to the municipal court no later
than the fifteenth (15th) calendar day after being notified of the animal
service determination. The municipal court shall conduct a hearing within
fifteen (15) days, to determine if the dog or animal is dangerous. At such
hearing the municipal court may receive testimony concerning the incident
under investigation, and/or consider the affidavits and/or complaints on file,
to determine if the dog or animal is dangerous. If the dog or animal is found
dangerous, the municipal court shall, for the protection of the public health,
safety, and welfare of the community, mandate compliance with subsection
(c)(1)1.1, 1.2, and 1.3, 1.4, and 1.5. determine whether the dog or animal
should be removed from the corporate town limits of Westlake, humanely
destroyed by animal services, a veterinarian, or released to an animal
rescue organization.
(e) Procedure when no appeal.
(1) If the owner of the dangerous dog or animal does not comply with
subsection (c)(1)1.1, 1.2, or 1.3. above, within thirty (30) days of being
notified the animal has been found dangerous, nor has appealed pursuant
to section (b)(2) above, the owner shall surrender the animal to the animal
control department. If the owner does not surrender the animal, then the
animal control officer shall obtain from the municipal court, a warrant,
authorizing the animal control department to seize the animal. Thereafter,
the animal control department shall seize the animal, or order its seizure,
and provide a secure and humane place for the impoundment of the
animal.
(2) If the owner complies with subsection (c)(1)1.1, 1.2, and 1.3, above,
before the eleventh (11th) day on which the dangerous dog or animal was
Page 15
seized or was surrendered to the animal control officer, the municipal court
shall order the return of the dangerous dog or animal.
(3) If the owner has not complied with subsection(c)(1)1.1, 1.2, and 1.3,
above, before the eleventh (11th) day on which the dangerous dog or
animal was seized or surrendered to the animal control department, the
municipal court shall, for the protection of the public health, safety, and
general welfare of the community, determine whether the animal should be
removed from the corporate town limits of the Westlake, humanely
destroyed by the animal control department, a veterinarian, or released to
an animal rescue organization.
(4) The owner of an impounded dangerous dog or animal shall be held
responsible for any cost or fee assessed by the city related to the seizure,
impoundment, and destruction of the animal.
(Will need to update Ordinance #)
Ord. No. 347, § 11, 2-14-2000)
Sec. 14-84. - Property owners may impound.
Any person finding an animal at large upon his/her property may
remove the animal to any animal shelter that will take possession of the
animal. If no shelter is available, the property owner may hold the animal in
his/her own possession, and as soon as possible, notify the animal control
officer. The property owner shall provide a description of the animal and the
name of the owner if known. The animal control officer shall take
possession of the animal.
(Ord. No. 347, § 12, 2-14-2000)
Sec. 14-85. - Return of animal to owner.
If the name of the owner or custodian of an animal found at large is
known or can be obtained with reasonable dispatch, the animal control
officer shall return the animal to the residential address of the owner. If
there is no one present, the animal control officer shall leave written notice
of whom the owner must contact to reclaim the animal. The officer shall
then remove the animal to the nearest animal hospital or shelter that will
accept the animal.
Page 16
(Ord. No. 347, § 13, 2-14-2000)
Sec. 14-86. - Impoundment.
(a) In addition to any other remedies provided in this article, an animal
control officer or a police officer may seize, impound and humanely
confine to an animal shelter or hospital any of the following animals:
(1) Any dog or cat without valid proof of rabies vaccination;
(2) Any animal at large;
(3) Any animal constituting a public nuisance or considered a danger to
the public;
(4) Any animal that is in violation of any quarantine or confinement
order of the town's chief health officer;
(5) Any unattended animal that is ill, injured or otherwise in need of
care;
(6) Any animal that is reasonably believed to have been abused or
neglected;
(7) Any animal that is reasonably suspected of having rabies;
(8) Any animal that is charged with being potentially dangerous, or
dangerous where any animal control officer or the town manager
determines that there is a threat to public health and safety;
(9) Any animal that a court of competent jurisdiction has ordered
impounded or destroyed;
(10) Any animal that is considered unattended or abandoned, as in
situations where the owner is deceased or has been arrested or
evicted from his/her regular place of residence.
(b) An animal control officer or police officer may also, or in lieu of
impoundment, issue to the owner a notice of violation which will be filed
with the municipal court.
penalty of $100.00 that shall be paid to the town within 72 hours in full
satisfaction of the a-,-scssed penalty. In the event that the penalty is not
paid within the time period prescribed, a warrant shall be initiated before
e
shall be punished as provided by this article.
(Ord. No. 347, § 16, 2-14-2000)
kAll I
Page 17
Sec. 14-87. - Notice to owner and redemption.
(a) Upon impoundment of an animal, the animal control officer shall
immediately attempt to notify the owner by telephone, visit to residence
or certified mail. If the owner is unknown, the animal control officer shall
post written notice for three consecutive days at the town hall describing
the animal and the time and place of taking. Any notice to the owner
shall also include the location of the shelter or hospital where the animal
is confined, hours during which the animal can be reclaimed, and fees
to be charged to the owner. The owner shall also be advised that the
failure to claim the animal within a specified period of time may result in
the disposition of the animal.
(b) An owner reclaiming an impounded animal shall pay the fee of the
appropriate shelter where his/her animal has been impounded. The
daily rate charged for any subsequent impoundment occurring within 12
months shall be double at the rate which was charged for each day of
confinement during the first impoundment.
(c) Any animal not reclaimed by its owner with' hr working days
shall become the property of the town and shall be/placed for adoption
in a suitable home or euthanized in a humane manner.
(Ord. No. 347, § 17, 2-14-2000)
Page 18
APPENDIX A
Animal Services Fee Table
Animal Removal from
Privately Owned Traps
$30.00
Replacement Tag Fee
$5.00
Microchip Implanting
$25.00
Daily Impound Fee (Shelter
Fee)
$10.00
Pick -Up Impound Fees
l' Offense
$30.00
2nd Offense
$50.00
3rd Offense
$75.00
4th Offense
$150.00
5th Offense
$150.00
Quarantine Fee (Per Day)
$25.00
Surrender Fee (Resident
Only)
$30.00
Euthanasia Fee (Resident
Only)
$30.00
Exotic Pet Fee
Non Hazardous
$20.00 Per Year
Dead Animal Removal Fee
$30.00
Registration Dangerous Dog
$50.00
12/09/2013