CHAPTER XXXIII.
ANIMALS IN CITY.
Sec. 578. Dangerous animals—unlawful to permit to be
at large.
No person shall suffer any animal belonging to him, or under
his control, and known to be dangerous or mischievous, to go at
large in the city. Any one violating this section shall be fined
not less than $2 nor more than $5, and each day such animal shall
go at large shall be considered a separate offense. If the owner
of such animal shall fail to take it into his custody, after being
notified so to do, the said animal shall be killed by any policeman
who may deem it necessary for the safety of persons in the street.
Sec. 579. Domestic animals—unlawful to permit to be at
large.
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 $1 nor more than $5 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 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 animal shall be advertised until it has been
impounded forty-eight hours.
Sec. 580. Hogs—unlawful to keep in city, exception, etc.
It shall be unlawful for any person to keep any live hog within
the corporate limits of the city, except for immediate shipment or
slaughter. Nor shall hogs be kept in pens or small enclosures
within one-quarter of a mile of the corporate limits, except from
November 1 to March 31, and then only by permit from the city
Board of Health. Any person violating this section shall be fined
not less than $1 nor more than $5 for each day such violation
continues.
Sec. 581. Sheep—unlawful to keep in city.
No sheep shall be kept in the city limits except for immediate
shipment or slaughter, but in no event shall they be kept in the
city for a longer period than twenty-four hours. Any one violating
this section shall be fined not less than $1 nor more than $5
for each day such violation continues.
Sec. 582. Dogs—how licensed, disposition of, etc.
No one shall keep a dog in the city without a license to do so.
Every keeper, custodian or owner of a dog, puppy or bitch in
this city shall apply to the Treasurer for a license to keep such
dog, puppy or bitch on or before the first day of May in each
year, and shall pay therefor such sum as may be fixed in the annual
license ordinance. The Treasurer shall provide at the expense
of the city and furnish without cost to all residents of the
city who shall apply therefor and pay said license, a metallic
medal or tag which shall be valid only for the current license
year. The Treasurer shall keep a record of all persons to whom
licenses have been issued under this section. Any person violating
this section by keeping an unlicensed dog, puppy or bitch in
the city shall pay a fine not exceeding $5 and in addition the dog,
puppy or bitch may be impounded until redeemed by the payment
of the license tax hereby imposed and $1 additional for arresting
and impounding, and if not redeemed within five days
after such impounding, such dog, puppy or bitch shall be put to
death, and removed and interred beyond the limits of the corporation.
The police shall report to the Police Justice any person
refusing or evading the payment of the license as required under
this section and a warrant shall be issued against such person, and
upon conviction he shall be fined in accordance with this section.
This ordinance shall not apply to persons visiting the city with a
dog provided the dog does not remain over ten days.
Any person who shall allow his dog or dogs to continuously
bark or howl to the annoyance of his neighbor, and who shall,
after being notified of the same by the police or neighbor, refuse
to keep him quiet, shall be subject to a fine of not less than $5
and be required to remove the offending dog from the city.
Sec. 583. 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 $5 nor more than
$10, 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.
Sec. 584. 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 Police Justice to show cause why they shall not be fined
for noncompliance with this ordinance. The fine shall be not less
than fifty cents, nor more than $5 for each offense. If the
owner 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 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 $5 in any case. No policeman shall
shoot any unmuzzled dog found at large, in the street, unless
necessary to protect the public from a dangerous dog.
Sec. 585. Animals—cruelty to—penalty, etc.
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 ordinance shall be
fined not less than $5 nor more than $50 for each offense.
Sec. 586. Birds—unlawful to kill.
Any one who shall kill any sparrow, martin, wren, or other
bird, shall be fined $1 for each offense. But this section shall
not apply to domestic pigeons when killed by the owner, or to
English sparrows.
Sec. 587. Carcasses—to be carried beyond city limits.
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 $10.
Sec. 588. Carcasses of dead animals and other offensive
things.
If any person shall place, or cause to be placed, in or on any
street, alley, sidewalk or lot within the city limits the carcass of
any animal, or any other thing or matter offensive to any citizens,
or to the public, or shall suffer any such nuisance to remain on
any such lot owned or held by him, he shall be fined not less than
$1 for every twenty-four hours such nuisance or offensive matter
may remain.
Sec. 589. 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 $5.
Sec. 590. Animals—when dead from infectious diseases
—how disposed of.
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 $10.
Sec. 591. Exhibiting stallion or jack.
If any person shall exhibit any stallion or jack, otherwise than
in harness or under saddle, within the corporate limits, he shall
be fined not less than $5 and not more than $10 for each offense.
