University of Virginia Library

CHAPTER 3.

Animals, Birds, and Fowls.[4]

                                               

§ 1.	Dangerous animals at large.
§ 2.	Same—Failure of owner to take into custody after notice.
§ 3.	Domestic animals at large; impounding, etc.
§ 4.	Straying of fowls.
§ 5.	Keeping hogs in city.
§ 6.	Keeping sheep in city.
§ 7.	Keeping animals over night for shipment or sale.
§ 8.	Parking of vehicles containing livestock.
§ 9.	Bitches in heat.
§ 10.	Hydrophobia—Dogs to be confined or muzzled.
§ 11.	Same—Cats to be confined.
§ 12.	Killing birds.
§ 13.	Animals with contagious or infectious diseases.
§ 14.	Carcasses—Carrying beyond city limits or burial.
§ 15.	Same—Placing or permitting to remain on streets, lots, etc.
§ 16.	Same—Death from infectious diseases.
§ 17.	Exhibiting stallion or jack.
§ 18.	Feeding in the streets.
§ 19.	Unattended teams and animals on the streets.
§ 20.	Selling, trading or speeding animals in the streets.
§ 21.	Cockfighting.
§ 22.	Fighting dogs or other animals.
§ 23.	Stables; disposal of manure.
§ 24.	Cruelty to animals.

Sec. 1. Dangerous animals at large.

No person shall suffer or permit any animal belonging to him or
under his control and known or reasonably suspected of being
dangerous to go at large in the city, or be kept in said city at any
time except in strict confinement in such manner as to be safe for
the public. Any violation of this section shall be punished by a
fine of not less than three dollars nor more than twenty-five dollars
and each day such animal is allowed at large shall be considered a
separate offense. (Code 1932, § 322.)

Sec. 2. Same—Failure of owner to take into custody
after notice.

If the owner of any animal known or reasonably suspected of
being dangerous shall fail to take it into custody after being notified
to do so by the chief of police, the said animal may be killed
by any police officer who may deem it necessary for the safety of
the public. Upon complaint or warrant alleging that a dangerous
animal is being allowed to run at large in said city, or is not being
confined in such manner as to be safe for the public, the owner or
person in control of such animal shall be brought before the civil
and police justice of said city and, after inquiry into the facts, such
justice shall order such animal killed by the police department or
make such further disposition of the case as shall insure the future
safety of the public from danger from such animal, and if such
owner or party in control of such animal cannot be ascertained,
then such animal shall be taken into custody by the police department
and tried and disposed of as hereinbefore provided just as
if the owner or party in control of such animal were present.
(Id.)

Sec. 3. Domestic animals at large; impounding, etc.

No person shall permit a horse, mule, cow or hog to go at large
in the city. Any one violating this section shall be fined not less
than one dollar nor more than five dollars for each offense, and
the horse, mule, cow or hog shall be impounded until redeemed,
and if not redeemed within five days after advertisement has been
made in one of the city papers, it may be sold by the chief of police
and the proceeds, after deducting the amount of the fine and
costs of arrest, keeping and advertising, shall be held by the treasurer
for the benefit of the owner; but no such animals shall be
advertised until it has been impounded forty-eight hours. (Code
1932, § 323.)

Sec. 4. Straying of fowls.

Any owner of fowls of any description who does not confine
them so as to prevent their straying to the premises of others shall

be fined not less than one dollar nor more than five dollars. (Id.,
§ 324.)

Sec. 5. Keeping hogs in city.

No hogs shall be kept within the city limits, except for immediate
shipment or slaughter, unless a permit therefor has been issued
by the chief of police.

Such permit shall be issued only upon the following conditions:

(1) Pens must be kept clean and must have floors at least one
foot above the ground. (2) No pen shall be located nearer than
two hundred fifty feet to any dwelling house other than that of
the person keeping the hogs unless there shall have been presented,
upon application for the permit, the consent, in writing, of the
occupants of any dwelling house within two hundred fifty feet of
the proposed location. (3) The location of pens must be approved
by the chief of police.

In case written complaint is made by any owner or occupant of
adjoining property, investigation shall be made by the city sanitary
inspector or the chief of police and if it appears that there has
not been compliance with the provisions hereof, or that the keeping
of hogs at the location in question is detrimental to the public
interest, such permit may be revoked by the council.

Any violation of this section shall be punishable by a fine of not
less than two dollars and fifty cents nor more than twenty-five
dollars for each offense. (Id., § 325; Ords. Jan. 6, 1941, Mar.
2, 1942.)

Sec. 6. Keeping sheep in city.

No sheep shall be kept in the city limits except for immediate
shipment or slaughter. (Code 1932, § 326; Ords. Oct. 20, 1941,
Oct. 1, 1942, June 21, 1943.)

Sec. 7. Keeping animals over night for shipment or sale.

It shall be unlawful to keep within the city limits between the
hours of 10:00 P. M. and 5:00 A. M. any herd, flock or group of
cattle, calves, sheep or swine intended for shipment or sale; provided

that this section shall not apply between the hours of 10:00
P. M. on Saturday and 5:00 A. M. on Sunday, and shall not apply
to animals which may have been delivered to any railway company
for shipment, while in the custody of such railway company.

Three or more animals shall be considered a herd, flock or group
within the terms of this section.

Any person violating the provisions of this section shall be fined
not less than ten dollars and not more than twenty-five dollars for
each day such violation continues. (Id.)

Sec. 8. Parking of vehicles containing livestock.

It shall be unlawful to park any vehicle containing livestock on
any street within any A residence district or A-1 residence district
within the city, as designated by the zoning ordinance, for
more than one-half hour. A vehicle shall be considered parked for
one-half hour if it is not moved at least one block within that period.
Any person violating this section shall be fined not less than
two dollars and fifty cents and not more than ten dollars. (Ord.,
Oct. 10, 1944.)

Sec. 9. Bitches in heat.

No person shall permit any bitch in heat to go at large in the
street, or allow her to remain on his premises to the annoyance of
the neighborhood. The owner of any bitch violating the provisions
of this section shall be fined not less than five dollars nor
more than ten dollars, and the bitch shall be taken into custody by
the police, and if not redeemed by the payment of the fine within
twenty-four hours, the bitch shall be killed; but the killing of the
bitch shall not exempt its owner from the fine. (Code 1932, §
327.)

Sec. 10. Hydrophobia—Dogs to be confined or muzzled.

If at any time the mayor has cause to apprehend the existence
of hydrophobia among the dogs in the territory over which the
city has police jurisdiction, it shall be lawful for him to require
by proclamation, placarded in conspicuous places, and published
in one or more of the newspapers of the city, that all dogs be

confined to the lots of their owners, or effectively muzzled for
such time as he may prescribe. During such period the owners
or keepers of all unmuzzled dogs, if known, shall be summoned
before the civil and police justice to show cause why they should
not be fined for noncompliance with this section. The fine shall
be not less than two dollars and fifty cents, nor more than ten
dollars for each offense. If the owners or keepers are not known,
the dogs shall be caught by the police in as quiet a manner as
possible and confined forty-eight hours, at the end of which time
the civil and police justice shall order them to be killed, if not redeemed
by the owners or some other person paying such fine as
may be prescribed by the said justice, the fine not to exceed ten
dollars in any case. No policeman shall shoot any unmuzzled dog
found at large, in the street, unless necessary to protect the public.
(Id., § 328.)

Sec. 11. Same—Cats to be confined.

If at any time the mayor has cause to apprehend the existence
of rabies among the cats in the city, it shall be lawful for him to
require by proclamation, published in a newspaper in the city, that
all cats be confined to the premises of their owners for such time
as may be prescribed.

Any person permitting a cat to run at large during such period
shall be fined not less than two dollars and fifty cents and not more
than ten dollars.

Any cat found running at large during such period may be
caught and confined and if not claimed within forty-eight hours
shall be destroyed. (Ord., Sept. 20, 1943.)

Sec. 12. Killing birds.

Any one who shall kill any sparrow, martin, wren or other
bird, shall be fined one dollar for each offense. This section shall
not apply to domestic pigeons when killed by the owner, or to English
sparrows or starlings. (Code 1932, § 330.)

Sec. 13. Animals with contagious or infectious diseases.

It shall be unlawful for any person to bring into the city or
drive through the streets of the city, any horse or other animal
suffering from any contagious or infectious disease. Any person
violating this section shall be fined not less than five dollars.
(Id., § 333.)

Sec. 14. Carcasses—Carrying beyond city limits or
burial.

The carcasses of all animals which die in the city shall be carried
one-half mile beyond the limits of the city or be buried in
some suitable place. Any one violating this section shall be fined
ten dollars. (Id., § 331.)

Sec. 15. Same—Placing or permitting to remain on
streets, lots, etc.

If any person shall place, or cause to be placed, in any street or
lot within the city limits the carcass of any animal, or shall suffer
any such nuisance to remain on any such lot owned or held by
him, he shall be fined not less than five dollars for every twenty-four
hours that such nuisance may remain. (Id., § 332.)

Sec. 16. Same—Death from infectious diseases.

When any cow, horse or other animal shall die of a contagious
or infectious disease, the owner thereof shall forthwith notify the
chief of police and he shall at once cause said animal to be buried
in some suitable place at least four feet deep; and all expense of
said burial shall be borne by the owner, and may be collected of
him as fines are collected, should he refuse to pay the same. Any
one violating this section shall be fined ten dollars. (Id., § 334.)

Sec. 17. Exhibiting stallion or jack.

If any person shall exhibit any stallion or jack, otherwise than
in harness or under saddle, or have the same serve a mare, within
the corporate limits, he shall be fined not less than five dollars
and not more than ten dollars for each offense. (Id., § 335.)

Sec. 18. Feeding in the streets.

No person shall feed his animals in the streets of the city. Any
violation of this section shall be punished by a fine of one dollar.
(Id., § 185.)

Sec. 19. Unattended teams and animals on the streets.

If the owner or driver, or the person having charge of any
wagon, dray, cart, carriage or other vehicle shall suffer the horse
or other animal attached thereto, to run away with the same in
the city through negligence or want of proper care; or shall suffer
such animal to stand upon any street of the city without being
properly fastened by the bridle or reins, or without having some
person to watch the same and prevent its starting, every person
so offending shall be fined not less than one dollar nor more than
ten dollars for each offense. (Id., § 184.)

Sec. 20. Selling, trading or speeding animals in the
streets.

If any person shall trade, or show, or offer for sale, or sell any
stock of any kind in the streets of this city, or speed therein any
animals exhibited for sale or exchange, he shall be fined not less
than one dollar nor more than five dollars for each offense.
(Id., § 182.)

Sec. 21. Cockfighting.

Any person who shall cause any match or main of cocks to be
fought within the city, or shall heel, trim, pit or handle any cock
so fought, or who shall bet at any such match or main, shall be
fined for every such offense the sum of not more than one hundred
dollars and every owner of any such cock consenting to his fighting
shall be deemed equally guilty and fined in accordance with the
provisions of this section. (Id., § 260.)

Sec. 22. Fighting dogs or other animals.

Any person who shall cause any match of dogs or other animals
to be fought within the city, or shall handle any such dog
or other animal so fought, or who shall bet at any such match,
or who shall allow his dog or other animal to be so matched, either
for prize or diversion, shall be fined not less than ten dollars nor
more than one hundred dollars for each such offense. (Id.,
§ 263.)

Sec. 23. Stables; disposal of manure.

Every person owning or occupying any building or part of a
building where one or more horses, mules, cows or similar animals
are kept, shall maintain in connection therewith, constructed and
screened in accordance with regulations of the health department,
a bin or pit for the reception of manure, and, pending the removal
from the premises of the manure from the animals aforesaid, shall
place such manure in said bin or pit.

No person owning or occupying any building or part of a building
in which any horse, mule, cow or similar animal is kept, shall
keep any manure, or permit any manure to be kept, in or upon
any portion of the premises other than the bin or pit provided
for that purpose; nor shall any person aforesaid allow any such
bin or pit to be overfilled or to be needlessly uncovered.

No person shall permit any manure to accumulate on premises
under his control in such manner or to such an extent as to give
rise to objectionable odors upon any public highway or upon any
premises owned or occupied by any person other than the person
owning or occupying the premises on which said manure is located.
Every person having the use of any manure bin or pit shall
cause all such manure to be removed from the premises weekly.

Any person violating any of the provisions of this section or
failing to carry out the orders of the board of health or health
officer as provided for in this section, shall, upon conviction thereof,
be punished by a fine of not less than two dollars nor more
than ten dollars for each offense. (Id., § 377.)

Sec. 24. Cruelty to animals.

It shall be unlawful for any person to overdrive, overload or
to drive when overloaded or unfit for work, or deprive of necessary
sustenance, or to torture, torment, or cruelly beat, mutilate,
or cause or procure to be so overdriven, overloaded, overworked,
deprived of necessary sustenance, tortured, tormented,
cruelly beaten or mutilated, any animal, either as owner or otherwise.

The word "animal" shall be held to include every living dumb
creature. The words "torture" and "torment" shall be held to
include every act, omission or neglect, whereby unnecessary or
unjustifiable physical pain or suffering is caused or permitted; and
the words "owner" and "person" shall be held to include corporations
as well as individuals; and the knowledge and acts of any
person employed by corporations in regard to animals transported,
owned or employed by or in the custody of such corporation, shall
be held to be the act and knowledge of such corporation.

Any one convicted of violating this section shall be fined not less
than five dollars, nor more than fifty dollars, for each offense.
(Id., § 329.)