CHAPTER 3.
Animals, Birds and Fowl.[89]
§ 3-1. Definitions.
§ 3-2. Dangerous animals.
§ 3-3. Destructive animals.
§ 3-4. Barking or howling dogs.
§ 3-5. Domestic animals at large.
§ 3-6. Straying of pigeons or other fowl.
§ 3-7. Keeping hogs in city.
§ 3-8. Keeping sheep in city.
§ 3-9. Keeping animals overnight for shipment or sale.
§ 3-10. Parking vehicles containing livestock.
§ 3-11. Bitches in heat.
§ 3-12. City designated bird sanctuary; exception.
§ 3-13. Killing birds.
§ 3-14. Animals with contagious or infectious diseases.
§ 3-15. Carcasses—Carrying beyond city limits or burial.
§ 3-16. Same—Placing or permitting to remain on street, lot, etc.
§ 3-17. Same—Death from infectious diseases.
§ 3-18. Exhibiting stallion or jack.
§ 3-19. Feeding animals in the streets.
§ 3-20. Unattended animals attached to vehicles.
§ 3-21. Selling, trading or speeding animals in streets.
§ 3-22. Cockfighting.
§ 3-23. Fighting dogs or other animals.
§ 3-24. Disposal of manure.
§ 3-25. Cruelty to animals.
§ 3-26. Keeping unlicensed dog.
§ 3-27. Confinement of dog that has bitten person.
§ 3-28. Dogs at large.
§ 3-29. Dogs in public buildings, food establishments, etc.
§ 3-30. Rabies—Confining or muzzling dogs.
§ 3-31. Same—Cats.
§ 3-32. Same—Compulsory inoculation.
§ 3-33. Same—Same—Evidence required before issuance of license.
§ 3-34. Same—Same—Tag evidencing vaccination.
§ 3-35. Same—Same—Dogs brought into city for showing or breeding.
Sec. 3-1. Definitions.
The following words, terms and phrases, when used in this
chapter, shall have the meaning ascribed to them in this section:
Dog. Every dog, regardless of sex or age.
Owner. Every person having right of property in a dog, or
who keeps or harbors a dog, or has a dog in his care, or
who acts as a custodian of a dog.
To run at large or running at large. To roam, loiter, walk,
run or be off the premises of the owner without being caged,
physically carried or held by leash by a person thoroughly
capable both physically and mentally of controlling the dog.
(7-5-60.)
Sec. 3-2. Dangerous animals.
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 the
city at any time except in strict confinement in such manner
as to be safe for the public at large or any person who may
have occasion to go on the premises on which such animal is
kept.
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, such 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 the city, or is not being confined in the manner provided
by the preceding paragraph, the owner or person in control
of such animal shall be brought before the judge of the
municipal court of the city and, after inquiry into the facts,
such judge 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. If the owner or party in control of such animal
cannot be ascertained, then such animal shall be taken into
custody by the police department and, upon its being determined
that the preceding paragraph is being violated with
respect to such animal, it shall be disposed of as hereinbefore
provided, just as if the owner or party in control of such animal
were present. (Code 1959, § 3-1.)
Sec. 3-3. Destructive animals.
No person shall suffer or permit any animal belonging to
him or under his control to go upon the land of any other
person and damage or destroy any garden, shrub, grass or
other property thereon.
Any person owning property which is damaged or destroyed
by any violation described in the foregoing paragraph
may enter his complaint by a warrant issued against
the owner or custodian of the animal involved and the complaint
shall be heard by the judge of the municipal court as
all other complaints under criminal warrants are heard.
Upon a second conviction within the period of one year of
any offense under this section involving the same animal, the
judge of the municipal court shall order the owner or custodian
of such animal to take it into custody and to confine
it in such a way that it will not be permitted to run at large
at any time. Upon the failure of such owner or custodian
to comply with this order, such animal shall be seized by the
chief of police or his duly authorized representative and destroyed.
(Code 1959, § 3-2.)
Sec. 3-4. Barking or howling dogs.
The harboring or keeping of any dog which, by loud, frequent
or habitual barking or howling, shall cause annoyance
and disturb the peace and quiet of any person or neighborhood
is hereby declared to be a nuisance and unlawful.
Any person annoyed by such loud, frequent or habitual
barking or howling may enter his complaint by warrant returnable
to the municipal court, where the complaint shall
be heard as all other complaints under criminal warrants
are heard. Upon a finding by the judge of the municipal
court that the dog involved is a loud, frequent and habitual
barker or howler and causes annoyance and disturbs the
peace and quiet of the complainant or neighborhood, the
owner or custodian of such dog shall be punished as provided
in section 1-5. Upon a second conviction within the period of
one year of any offense under this section involving the same
dog, the judge of the municipal court shall order the owner
or custodian of such dog to remove it from the city within
a period of two weeks. Upon the failure of such owner or
custodian to comply with this order, such dog shall be seized
by the chief of police or his duly authorized representative
and destroyed. (Code 1959, § 3-3.)
Sec. 3-5. Domestic animals at large.
No person shall permit a horse, mule, cow or hog to go at
large in the city. Any horse, mule, cow or hog found at large
shall be impounded until redeemed. 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 city
treasurer for the benefit of the owner; provided, that no
such animal shall be advertised until it has been impounded
for forty-eight hours. (Code 1959, § 3-4.)
Sec. 3-6. Straying of pigeons and other fowl.
It shall be unlawful for any person to permit any pigeons
or other fowl belonging to him to go at large in the city;
except, that homing pigeons may be released for return to
their cote without violating this section. (Code 1959, § 3-5;
8-3-59.)
Sec. 3-7. Keeping hogs in city.
No hogs shall be kept in the city except for immediate
shipment or slaughter. (Code 1959, § 3-6.)
Sec. 3-8. Keeping sheep in city.
No sheep shall be kept in the city except for immediate
shipment or slaughter. (Code 1959, § 3-7.)
Sec. 3-9. Keeping animals overnight for shipment or sale.
It shall be unlawful to keep within the city, 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. (Code 1959, § 3-8.)
Sec. 3-10. Parking vehicles containing livestock.
It shall be unlawful to park any vehicle containing livestock
on any street within any R-1 residential district, R-2
residential district or R-3 multiple-dwelling district within
the city, as designated by the Zoning Ordinance,[90]
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. (Code 1959, § 3-9.)
Sec. 3-11. Bitches in heat.[91]
No owner of any bitch in heat shall permit her to go at
large in the street or allow her to remain on his premises to
the annoyance of the neighborhood. Any such 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 a penalty for the violation of this section.
(Code 1959, § 3-10.)
Sec. 3-12. City designated bird sanctuary; exception.
The entire area embraced within the corporate limits of
the city is hereby designated as a bird sanctuary. Except as
provided in section 3-13, it shall be unlawful to trap, hunt,
shoot or attempt to do the same, any bird or wild fowl or to
tamper with or rob nests of any bird or wild fowl. (3-2-64.)
Sec. 3-13. Killing birds.
No person shall kill any sparrow, martin, wren or other
bird. This section and section 3-12 shall not apply to pigeons
or starlings. (Code 1959, § 3-11; 8-3-59; 3-2-64.)
Sec. 3-14. 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.
(Code 1959, § 3-12.)
Sec. 3-15. 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. (Code 1959, § 3-13.)
Sec. 3-16. Same—Placing or permitting to remain on street,
lot, etc.
No person shall place or cause to be placed, in any street
or lot within the city, the carcass of any animal, or shall
suffer any such nuisance to remain on any such lot owned or
held by him. (Code 1959, § 3-14.)
Sec. 3-17. 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 such
animal to be buried in some suitable place at least four feet
deep. All expenses of such burial shall be borne by the owner
and may be collected of him as fines are collected, should he
refuse to pay the same. (Code 1959, § 3-15.)
Sec. 3-18. Exhibiting stallion or jack.
No person shall exhibit any stallion or jack, otherwise
than in harness or under saddle, or have the same serve a
mare, within the city. (Code 1959, § 3-16.)
Sec. 3-19. Feeding animals in the streets.
No person shall feed any animal in the streets of the city.
(Code 1959, § 3-17.)
Sec. 3-20. Unattended animals attached to vehicles.
No owner or driver or person having charge of any wagon,
dray, cart, carriage or other vehicle shall permit any horse
or other animal attached thereto to run away with the same
in the city through negligence or want of proper care, or
permit 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.
(Code 1959, § 3-18.)
Sec. 3-21. Selling, trading or speeding animals in streets.
No person shall trade or show or offer for sale or sell any
stock of any kind in the streets of the city. (Code 1959, §
3-19.)
Sec. 3-22. Cockfighting.[92]
No person 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 shall bet at any such match or main. Every
owner of any such cock consenting to his fighting shall be
deemed equally guilty. (Code 1959, § 3-20.)
Sec. 3-23. Fighting dogs or other animals.[93]
No person 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 shall bet at any such match, or
shall allow his dog or other animal to be so matched, either
for prize or diversion. (Code 1959, § 3-21.)
Sec. 3-24. 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 such
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
the 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. (Code 1959, § 3-22.)
Sec. 3-25. Cruelty to animals.[94]
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. (Code 1959, § 3-23.)
Sec. 3-26. Keeping unlicensed dog.[95]
It shall be unlawful for any person to keep within the city
any dog for which a license has not been secured as provided
by the laws of the state. (Code 1959, § 3-24.)
Sec. 3-27. Confinement of dog that has bitten person.
Upon information to the police department or the game
warden that a dog has bitten a person, it shall be the duty
of the chief of police, the game warden or the official representative
of either, upon ascertaining the identity of such
dog, to direct that it be confined for a period of not less than
ten days and not more than forty-five days, such confinement
to be either in the city pound or with a veterinarian approved
by the health officer, as the person who owns or controls such
dog shall select; provided, that the person who owns or controls
such dog shall bear the cost of any such confinement
with a veterinarian. It shall further be the duty of the chief
of police, the game warden or the official representative of
either, immediately after directing that such dog be so confined,
to notify the health officer and he or his designated
representative shall then assume the responsibility of supervising
such confinement and ordering the dog to be released
when he deems that it is safe for the dog to run at large.
Should the person who either owns or controls such dog
fail or refuse to confine it as hereinabove provided, the chief
of police, the game warden or the official representative of
either shall immediately take such dog into custody and confine
it in the city pound and the person owning or controlling
such dog shall forthwith be summoned by the chief of police,
the game warden or the official representative of either to
appear in the municipal court, where the matter shall be
heard as all other matters are heard on criminal warrants.
Upon finding that such person either owns or controls a dog
that has bitten a person, the judge of the municipal court
shall order the dog confined in the city pound or with a veterinarian
approved by the health officer for a period of not less
than ten days and not more than forty-five days, at the cost
of the person who owns or controls such dog. Such confinement
shall be under the supervision of the health officer or
his designated representative, either of whom shall later
inform the court when, in his opinion, such dog may with
safety be released. (Code 1959, § 3-25.)
Sec. 3-28. Dogs at large.
It shall be unlawful for the owner of any dog to allow such
dog to run at large, at any time, within the city, even though
the dog be both lawfully licensed and vaccinated. Any person
violating this section, upon conviction, shall be fined a minimum
of two dollars for the first offense in any one year,
and for each successive violation in any one year, shall be
fined a minimum of five dollars, with a maximum fine of not
more than one hundred dollars for any offense, whether first
in any one year or subsequent. (7-5-60.)
Sec. 3-29. Dogs in public buildings, food establishments, etc.
It shall be unlawful for the owner of any dog to allow,
cause or permit such dog to enter any public building, restaurant,
ice cream parlor, soft drink parlor or any office or
store during the time that such business establishments are
open for public business, unless the dog is on a leash or
otherwise under the immediate control of such owner. (7-5-60.)
Sec. 3-30. Rabies—Confining or muzzling dogs.[96]
If at any time the mayor has cause to apprehend the existence
of rabies 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 premises 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 judge of the municipal
court to show cause why they should not be punished for
noncompliance with this section. 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 judge of the municipal court 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 judge, 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. (Code 1959,
§ 3-26.)
Sec. 3-31. Same—Cats.
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. No person shall
permit a cat to run at large during such period.
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. (Code 1959, § 3-27.)
Sec. 3-32. Same—Compulsory inoculation.
No dog over six months old shall be permitted within the
boundaries of the city unless such dog shall have been vaccinated
or immunized against rabies, within a period of thirty-six
months, with a chicken embryo (Flury strain) rabies vaccine.
It shall be unlawful for any person to own, keep or harbor
any dog over six months old within the city unless such dog
shall have been vaccinated or inoculated against rabies, within
a period of thirty-six months, with a chicken embryo
(Flury strain) rabies vaccine approved by the state department
of health. (Code 1959, § 3-28; 5-20-63.)
Sec. 3-33. Same—Same—Evidence required before issuance
of license.
No license shall be issued by the city treasurer or his agent
for any dog unless there is presented to the city treasurer or
his agent, at the time application for such license is made,
evidence satisfactory to him or his agent that such dog has
been inoculated or vaccinated against rabies, within the past
thirty-six months, with a chicken embryo (Flury strain)
rabies vaccine approved by the state department of health.
(Code 1959, § 3-29.)
Sec. 3-34. Same—Same—Tag evidencing vaccination.
It shall be unlawful for any owner or his agent to allow a
dog to run at large in the city at any time without a collar
and tag evidencing the latest vaccination. (Code 1959, § 3-30.)
Sec. 3-35. Same—Same—Dogs brought into city for showing
or breeding.
Sections 3-32 to 3-34 shall not apply to any dogs temporarily
brought into the city, for a period not to exceed thirty
days, for showing or breeding purposes, if such dogs remain
confined at all times. (Code 1959, § 3-31.)
