§ 5-50. Violations; construction of article.  


Latest version.
  • (a)

    It is a Category I violation of this article for any person to:

    (1)

    Refuse to surrender an animal upon lawful demand by the division manager or designee, an animal services officer, or to an employee of the state department of health and rehabilitative services county public health unit.

    (2)

    Fail to comply with the provisions or requirements of any written notification of classification for a dangerous dog or a potentially dangerous dog.

    (3)

    Fail to notify the animal services division that a dangerous or potentially dangerous dog has been brought into the county.

    (4)

    Fail to control a previously declared dangerous dog or potentially dangerous dog, resulting in an unprovoked attack or bite.

    (5)

    Fail to control an animal, resulting in severe injury to a human being or another animal.

    (6)

    Fail to properly use a restraining device as defined in this article.

    (7)

    Fail to quarantine an animal (i) which has bitten or is believed to have bitten a human being or another animal, or (ii) which is suspected of carrying rabies.

    (8)

    Treat any animal in a neglectful manner as neglect is defined in this article.

    (9)

    Abandon any animal as abandon is defined in this article.

    (10)

    Fail to control an animal, resulting in an animal biting a human being unless such animal is reacting to a person unlawfully on property or protecting its owner or keeper from an unjustified attack or assault.

    (11)

    Fail to confine a female dog or cat in heat (estrus) as required by this article.

    (12)

    Sell, purchase or obtain a dog or cat for the purpose of human or animal consumption or to permit or engage in such consumption.

    (13)

    Fail to trap by humane standards, including allowing an animal to remain within a trap for a period of time which is detrimental to the animal.

    (14)

    Transport an animal in any open truck unless restrained by an appropriate truck tether system that is attached to the collar or harness of the animal, or such animal is placed in a well-ventilated cage or crate.

    (b)

    It is a Category II violation of this article for a person, an owner or keeper of any domestic animal to:

    (1)

    Fail to cooperate, refuse to provide information, or interfere with an animal services representative during the performance of their duties pursuant to this article.

    (2)

    Entice or lure an animal out of an enclosure or off the property of its owner or keeper, or to seize, molest or tease an animal which is held or properly confined by its owner or keeper.

    (3)

    Permit an animal to engage in habitual or repeated bothersome noises.

    (4)

    Permit an animal to chase vehicles, livestock, domestic animals, humans or be at large.

    (5)

    Permit an animal to act in an aggressive manner.

    (6)

    Permit an animal to damage or destroy public or private property.

    (7)

    Permit an animal to interfere with the reasonable use and enjoyment of property.

    (8)

    Permit an animal to be an unwelcome guest on private property.

    (9)

    Fail to remove excreta from animal owner's property, resulting in offensive odors.

    (10)

    Fail to complete responsible pet ownership class.

    (11)

    Fail to comply with the provisions or requirements for commercial kennel or pet dealer registration, pursuant to this article.

    (c)

    It is a Category III violation of this article for the owner or keeper of any domestic animal to:

    (1)

    Possess or use a stolen, invalid, counterfeit or forged certificate, tag, or other document required by or issued pursuant to this article.

    (2)

    Refuse or fail to have a current rabies vaccination for a dog, cat, or ferret as prescribed by this article.

    (3)

    Fail to attach and display the required tag to a dog, cat, or ferret's collar when not confined inside the owner's residence.

    (4)

    Fail to dispose of the remains of the animal within twenty-four (24) hours of the known time of death or discovery of death of such animal.

    (5)

    Deposit or leave a dead animal on public property or the private property of another person without the owner's consent.

    (6)

    Trap without obtaining permission to trap from the animal services division.

    (7)

    Fail to remove any excreta deposited upon public property or another person's private property by any animal within the care, custody, ownership, or control of such person.

    (8)

    Leave or deposit in any common street, lane or thoroughfare or any yard or enclosure, any poisonous or injurious substance which would injure or kill an animal.

    (9)

    Crop a dog's ears or crop a dog's tail, except through the services of a licensed veterinarian.

    (10)

    Sell or purchase for feed purposes, or to feed, any animal except vermin to constrictor snakes.

    (11)

    Dye or color artificially any animal or fowl, including but not limited to, rabbits, baby chickens and ducklings.

    (12)

    Sell, offer for sale or give away for purposes of premiums, pets or toys, any baby chicken, duckling, or other fowl under four (4) weeks of age or rabbit under two (2) months of age.

    (13)

    Kill, attempt to kill, attempt to capture, molest, maim, injure, sell or offer for sale any wild bird or to mutilate, destroy or take possession of eggs of wild birds within the county. This prohibition shall not apply to lawful hunting of game birds in rural areas.

    (d)

    Any state statute, rule or regulation, present or future, shall prevail over any conflicting or ambiguous provision in this article to the extent of such conflict or ambiguity.

(Code 1965, § 3-17; Ord. No. 87-9, § 17, 3-9-87; Ord. No. 91-8, § 26, 4-2-91; Ord. No. 95-32, § 21, 9-26-95; Ord. No. 2002-04, § 11, 6-4-02; Ord. No. 2005-07 , § 21, 7-12-05)