HomeMy WebLinkAbout160 - 11/04/1986 - REPEALING AND REENACTING CITY CODE RELATING TO ANIMALS AND INSECTS ORDINANCE NO. 160 , 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING CHAPTER 35 OF THE
CODE OF THE CITY OF FORT COLLINS
RELATING TO ANIMALS AND INSECTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1 . Chapter 35 of the Code of the City of Fort Collins,
"Animals, Birds and Insects," is hereby repealed in its entirety and
re-enacted as follows:
Chapter 35
ANIMALS AND INSECTS
ARTICLE I
In General
§35-1 . Definitions.
§35-2. Exceptions.
ARTICLE II
Animals
Division 1 - Dog Licensing
§35-3. License required.
§35-4. License application.
§35-5. Term of license.
§35-6. Dog tags.
§35-7. Licensing records.
§35-8. License fees; waiver.
Division 2 - Rabies Control
§35-9. Rabies vaccination required.
§35-10. Reporting animal bites; confinement.
§35-11. Destruction of rabies-infected animals.
Division 3 - Care and Treatment of Animals
§35-12. Improper care or treatment prohibited.
§35-13. Removal of animal waste required.
§35-14. Minimum size of pasture area for horses or ponies.
§35-15. Limitation on possession and feeding of wild or exotic
animals.
§35-16. Maltreatment of performing animals prohibited.
§35-17. Vehicular accidents with animals; duties.
§35-18. Removal of dead animals required.
Division 4 - Control of Animals
§35-19. Animal at large prohibited.
§35-20. Disturbance of peace and quiet prohibited.
§35-21 . Public nuisance prohibited.
§35-22. Vicious animal prohibited.
Division 5 - Restrictions
§35-23. Quantity of household pets restricted.
§35-24. Sale of chickens and ducklings; quantity restricted.
§35-25. Use of animals as inducement prohibited.
§35-26. Use of poison restricted.
§35-27. Trapping restricted.
Division 6 - Impoundment and Reclamation
§35-28. Authorization for capture and impoundment.
§35-29. Notice of impoundment.
§35-30. Minimum time for impoundment of inclaimed animals.
§35-31. Reclamation of certain animals restricted or prohibited.
§35-32. Reclaiming fees.
§35-33. Adoption or disposal of unclaimed animals.
§35-34. Sterilization of adopted animals required.
Division 7 - Wild Birds
§35-35. Wild bird refuge created.
§35-36. Killing or capturing wild birds restricted.
Division 8 - Enforcement
§35-37. Enforcement personnel .
§35-38. Interference with animal control officers prohibited.
§35-39. Right of entry granted.
Division 9 - Penalties
§35-40. Generally.
§35-41 . Additional penalties or requirements for biting or vicious
animals.
ARTICLE III
Insects
Division 1 - Bees
§35-42. Keeping of bees prohibited.
ARTICLE I
In General
§35-1 . Definitions.
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For the purposes of this Chapter, the following terms shall have the
following definitions, unless the context indicates otherwise:
ANIMAL - Any live, vertebrate creature, domestic or wild.
ANIMAL CONTROL OFFICER - Any person commissioned by the Chief of
Police as a special officer who is qualified to perform animal control
duties and enforce the laws of the City pertaining to animals.
ANIMAL SHELTER - Any facility operated by a humane society or the City
for the purpose of impounding or caring for animals held under the
authority of the laws, regulations or ordinances of the State, County,
or City.
AT LARGE - Outside of a fence or other enclosure which restrains the
animal to a particular premises, whether on public or private
property, and not under the control , by leash or lead, of the owner or
keeper. Animals tethered to a stationary object within reach of a
street, sidewalk, alley or trail are deemed to be "at large. "
DWELLING UNIT - One (1) or more rooms and a single kitchen designed
for or occupied as a unit by one (1) family or individual for living
and cooking purposes.
HUMANE SOCIETY - The Humane Society for Larimer County, Colorado.
KEEPER - A person who has custodial or supervisory authority or
control over an animal .
LEASH or LEAD - A thong, cord, rope, chain or similar device which
holds an animal in restraint and which is not more than six (6) feet
in length.
OWNER - Any person having control or purporting to have control over
any animal , the person named on the licensing records of any animal as
the owner, the occupant of the premises where the animal is usually
kept if such premises are other than the premises of the owner as
shown on the licensing record, or any person in possession of,
harboring or allowing any animal to remain about their premises for a
period of three (3) consecutive days or more. The parent or guardian
of an owner under eighteen (18) years of age shall be deemed the
owner, as defined herein. If an animal has more than one owner, all
such persons are jointly and severally liable for the acts or
omissions of an owner under this Chapter, even if the animal was in
the possession of or under the control of a keeper at the time of the
offense.
PERFORMING ANIMAL EXHIBITION - Any spectacle, display, act or event,
including circuses, in which animals are featured for entertainment.
POLICE OFFICER(s) - Any member of the Fort Collins Police Department
or the Colorado State University Police Department commissioned as a
peace officer.
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RESTRAINT - Secured by a leash or lead under the physical control of a
responsible person, or tethered to a stationary object not within
reach of a street, sidewalk, alley or trail , or within a fence or
other enclosure which limits the animal to a particular premises.
TRAP - Any device used to contain or capture an animal .
A. HUMANE TRAP - A device designed to capture or contain an
animal without causing any injury to the animal .
B. INHUMANE TRAP - A device designed to capture or contain an
animal which causes injury to the animal as the result of the
trap's operation.
§35-2. Exceptions.
The provisions of this Chapter are subject to such exceptions as may
be provided in Chapter 118 of this Code.
ARTICLE II
Animals
Division I - Dog Licensing
§35-3. License required.
A. The owner or keeper of any dog kept within the City shall secure
from the City or the humane society and at all times maintain a
current license for such dog. It is a defense to a charge of
violating this section that:
(1) The owner or keeper of the dog had not yet lived in the City
for thirty (30) days; or
(2) The dog was six (6) months of age or less.
B. If ownership or possession of a dog licensed under this Chapter
changes permanently, the new owner or keeper shall , before taking
possession of the dog, obtain a new license upon presenting the
old license, if available, demonstrating compliance with the
vaccination requirement, and paying the fee prescribed by Section
35-8.
§35-4. License application.
A. The applicant for a license under this Chapter shall apply on
forms furnished by the Director of Finance and pay the fee
prescribed by Section 35-8.
B. The applicant shall provide satisfactory evidence that the dog has
been vaccinated against rabies as required by Section 35-9.
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C. The applicant shall apply for a renewal license each year no later
than December 31.
§35-5. Term of license.
The initial license issued under this Chapter is valid through
December 31 of the year of issuance. A renewal license is valid through
December 31 of the immediately succeeding year.
§35-6. Dog tags.
A. No person who owns or keeps a dog within the City shall fail to
ensure that such dog at all times wears a collar or harness made
of a durable material to which is attached at all times the
appropriate dog tag or identification tag required by this
section.
B. Every dog required to be licensed shall bear a current City dog
tag that is issued by the City or the humane society to each
person who complies with the requirements of this Chapter that
contains one or more license numbers, the year of its issuance,
the words "Larimer County, Colorado" and the color of which
changes each year.
(1) No person shall use any dog license or dog tag for any dog
other than the dog for which it was issued.
(2) If a dog tag is lost or destroyed, the license holder may
obtain a duplicate tag from the City or the humane society
upon payment of a replacement license fee of one dollar
($1.00) .
C. Every dog whose age is such that it is not required by this
Chapter to be licensed shall bear an identification tag setting
forth the name and address of its owner or keeper.
§35-7. Licensing records.
The Director of Finance shall maintain a record of all dog licenses
and dog tags issued and may also designate a place at which duplicate
originals of those records shall be maintained.
§35-8. License fees; waiver.
A. A license shall be issued after payment of the appli- cable fee:
(1) For dogs under one (1) year of age: two dollars ($2. ) per
year.
(2) For neutered/spayed dogs: two dollars ($2.) per year.
(3) For all other dogs: ten dollars ($10. ) per year.
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B. Under the following circumstances, the license fee shall be
waived: -
(1) The applicant is the owner or keeper of an authorized police
dog.
(2) The applicant is totally or partially blind, totally or
partially deaf, or otherwise physically disabled and is the
owner of a guide dog or service dog as defined in §24-34-801,
C.R.S. , or other dog trained for the purpose of aiding such
person.
Division 2 - Rabies Control
§35-9. Rabies vaccination required.
A. No owner or keeper of a dog over six (6) months of age shall fail
to have such dog vaccinated against rabies when the dog becomes
six (6) months of age and again at one ( 1 ) year of age .
Thereafter no such person shall fail to have the dog vaccinated at
intervals recommended by the veterinarian. If any dog is found in
the City without a current rabies vaccination tag affixed to its
collar or harness, the owner of such dog shall be presumed to have
violated this section.
B. No owner or keeper of a cat over six (6) months of age shall fail
to have such cat vaccinated against rabies when the cat becomes
six (6) months of age and again at one ( 1 ) year of age .
Thereafter, no such person shall fail to have the cat vaccinated
at intervals recommended by the veterinarian. If any cat is found
in the City without a current rabies vaccination tag affixed to
its collar or harness, the owner of such cat shall be presumed to
have violated this section.
C. The inoculation required in this section shall be made by a person
legally authorized to do so, as designated by the Larimer County
Health Department.
§35-10. Reporting animal bites; confinement.
A. Any person having knowledge that an animal , other than a rodent,
rabbit, bird or reptile, has bitten a human shall immediately
report the incident to an animal control officer.
B. If any animal is suspected of having rabies or if any animal has
bitten a person and such animal has not had a current vaccination,
such animal shall be confined for a period of at least ten (10)
days by a leash, chain or cage at the animal shelter or at a
veterinary hospital of the owner's choice, all at the expense of
the owner of the animal . During the ten (10) day observation
period, no rabies vaccine shall be administered to the animal .
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C. No animal held for observation on suspicion of rabies shall be
released until the observation period is over, except as follows:
(1) If the owner shows proof of current rabies vaccination, the
animal may be released into quarantine at the owner's
residence, at the discretion of the animal control officer.
(2) If the victim of the bite and the owner request that the
animal be quarantined at the owner's residence and the owner
agrees in writing to hold the City and the humane society
harmless from liability for releasing the animal to the
owner, the animal may be released into quarantine at the
owner's residence, at the discretion of the animal control
officer.
D. If an animal is released into quarantine at the owner's residence
pursuant to subsection C, above, the owner shall not permit such
animal to leave the owner's residence. If such animal is found
outside the owner's residence, it shall be taken and confined at
the animal shelter or at a veterinary hospital of the owner's
choice, all at the expense of the owner, for the remainder of the
confinement period.
E. If any animal has been bitten by another animal suspected to have
rabies, the owner of such animal so exposed to rabies shall report
such fact to an animal control officer. The animal control
officer shall have the power, in his discretion, to have the
animal suspected of having rabies or of being exposed to rabies
removed from the owner's residence to a veterinary office or
hospital and there placed under observation for a period of up to
six (6) months at the expense of the owner, provided that the
owner may elect in lieu thereof to have such animal destroyed.
F. Notwithstanding the above, if a standard incubation period has not
been established by the Department of Health of the State of
Colorado for the particular species of animal which was bitten, it
shall be summarily destroyed, and if involved with another animal
or human, a necropsy shall be performed by a certified laboratory
to determine rabies contamination.
§35-11 . Destruction of rabies-infected animals.
If rabies has been ascertained in any animal , such animal shall be
summarily destroyed.
Division 3 - Care and Treatment of Animals
§35-12. Improper care or treatment prohibited.
A. No owner or keeper shall fail to provide his or her animals with
sufficient good and wholesome food and water, proper shelter and
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protection from the weather, veterinary care when needed to
prevent suffering and humane care and treatment.
B. No person shall beat, cruelly ill -treat, torment, overload,
overwork or otherwise abuse or kill an animal , or cause, instigate
or permit any dogfight, cockfight, bullfight or other combat
between animals or between animals and humans.
C. No owner of an animal shall abandon such animal .
§35-13. Removal of animal waste required.
The owner or keeper of any animal shall be responsible for the removal
of any feces deposited by such animal on streets, sidewalks, parks and
recreation areas or private property.
§35-14. Minimum size of pasture area for horses or ponies.
Horses or ponies may be kept for the use of occupants of a lot and
their guests provided that at least one-half (1/2) acre of pasture area is
available for each horse or pony.
§35-15. Limitation on possession and feeding of wild or exotic animals.
A. No person shall own, keep or feed any animal for which a state
license is required unless such person possesses the appropriate
license from the Colorado Division of Wildlife.
B. No person shall own, keep or feed any wild or exotic animal ,
including without limitation:
(1) Bears;
(2) Any species of feline other than ordinary domesticated house
cats;
(3) Skunks;
(4) Poisonous reptiles;
(5) Raccoons, except as permitted under a state wildlife
rehabilitation license;
(6) Deer; or
(7) Any species of non-human primate, but excluding animals
imported under authority of state or federal law.
C. For the purposes of this section, to feed shall mean all provision
of edible or drinkable material , including without limitation
bones, salt licks and water.
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D. It is a d-efense to a charge of violating this section that a
person holds a valid City circus, menagerie or carnival license
under Section 73-36 of this Code or that a person is feeding only
squirrels and birds.
§35-16. Maltreatment of performing animals prohibited.
It shall be unlawful for any person to put on a performing animal
exhibition in which an animal is induced or encouraged to perform through
the use of chemical , mechanical , electrical or manual devices in a manner
which will cause or is likely to cause physical injury or suffering to the
animal .
§35-17. Vehicular accidents with animals; duties.
Any person who, as the operator of a vehicle, strikes a domestic
animal shall stop at once and immediately report any injury or death to the
animal 's owner. In the event the owner cannot be ascertained and located,
the operator shall at once report the accident to the humane society.
§35-18. Removal of dead animals required.
If any animal dies in the possession of any person in the City, it
shall be the duty of such person to cause the same to be at once removed
from the City and buried at a sanitary land fill . In case the owner or
keeper of any such animal shall neglect or refuse to remove the same within
ten (10) hours after its death, the City may cause the same to be removed
at the expense of such owner or keeper, such expense to be recoverable by
civil action. Whenever the owner or keeper of any dead animal cannot be
found or ascertained, it shall be the duty of an Animal Control Officer to
remove and have such animal buried.
Division 4 - Control of Animals
§35-19. Animals at large prohibited.
All animals shall be kept under restraint. It shall be unlawful for
the owner or keeper of any animal to permit such animal to be at large in
the City. If an animal is found to be at large in the City, the owner or
keeper shall be presumed to have violated this section, except that this
section shall not apply during the controlled environment of an animal
obedience school .
§35-20. Disturbance of peace and quiet prohibited.
No owner or keeper of an animal in the City shall permit such animal
to disturb the peace and quiet of any person by barking, whining, howling
or making any other noise in an excessive, continuous or untimely fashion.
If any animal does so disturb the peace and quiet, its owner or keeper
shall be deemed guilty of a violation of this section, provided that no
such owner or keeper shall be charged with a violation of this section
unless they or a member of their household over the age of eighteen (18)
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years has received a warning from the municipality of a previous complaint
at least once within-.the preceding twelve (12) months.
§35-21. Public nuisance prohibited.
It shall be unlawful for any owner or keeper to fail to exercise
proper care and control of his animal to prevent it from becoming a public
nuisance. For the purposes of this section, a "public nuisance" includes
an animal which is a safety or health hazard, damages or destroys the
property of another or creates offensive odors which materially interfere
with or disrupt another person in the conduct of lawful activities at such
person's home.
§35-22. Vicious animals prohibited.
A. It shall be unlawful for any person to own or keep any vicious
animal . A "vicious animal " is one that bites, claws, or attempts
to bite or claw any person; bites another animal ; or in a vicious
or terrorizing manner approaches any person in an apparent
attitude of attack, whether or not the attack is consummated or is
capable of being consummated.
B. It is a defense to the charge of owning or keeping a vicious
animal that the person or animal that was bitten, clawed, or
approached by the vicious animal was:
(1) Other than in self defense or defense of its young, attacking
the animal or engaging in conduct reasonably calculated to
provoke the animal to attack or bite;
(2) Unlawfully engaging in entry into or upon a fenced or
enclosed portion of the premises upon which the animal was
lawfully kept or upon a portion of the premises where the
animal was lawfully restrained by leash or lead;
(3) Unlawfully engaging in entry into or in or upon a vehicle in
which the animal was confined;
(4) Attempting to assault another person;
(5) Attempting to stop a fight between the animal and any other
animal ; or
(6) Attempting to aid the animal when it was injured; or
(7) Attempting to capture the animal in the absence of the owner
or keeper.
C. For the purposes of this section, a person is lawfully upon the
premises of an owner or keeper when such person is on said
premises in the performance of any duty imposed by law or by the
express or implied invitation of the owner of such premises or the
owner's agent.
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Division 5 - Restrictions
§35-23. Quantity of household pets restricted. Household pets, including
but not limited to dogs and cats, which are generally kept within a
dwelling are not permitted in quantities of more than four (4) animals
over the age of six (6) months per dwelling unit.
§35-24. Sale of chickens and ducklings; quantity restricted.
Chickens or ducklings younger than eight (8) weeks of age may not be
sold in quantities of less than twenty-five (25) to a single purchaser.
§35-25. Use of animals as inducement prohibited.
No person shall give away any animal as a prize for or as an
inducement to enter any contest, game or other competition or as an
inducement to enter a place of amusement, or offer any animal as an
incentive to enter into any business agreement whereby the offer was for
the purpose of attracting trade.
§35-26. Use of poison restricted.
No person shall expose any known poisonous substance, whether mixed
with food or not, so that it is liable to be eaten by any animal ; provided,
however, that it shall not be unlawful for a person to expose on his own
property common rat poison mixed only with vegetable substances.
§35-27. Trapping restricted.
A. A humane trap may be set in the City for the purpose of trapping
animals which are at large in violation of this Chapter provided
that any animals trapped are turned over to the humane society as
soon as possible upon discovery. In addition, a humane trap may
be set in the City for the purpose of trapping wild animals
including but not limited to skunks, squirrels, raccoons and
prairie dogs provided that any animals trapped are released or
disposed of in the manner required by the humane society. No
person shall use a humane trap for any other purpose.
B. No person shall set or cause to be set an inhumane trap in the
City, except that rodent snap traps baited with vegetable or dairy
products may be used on private property. Any inhumane trap other
than rodent snap traps used in the City shall be confiscated and
destroyed.
Division 6 - Impoundment and Reclamation
§35-28. Authorization for capture and impoundment.
Animal control officers and police officers are hereby authorized to
take or capture animals deemed by them to be included in the categories
listed below and impound them at an animal shelter or other appropriate
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location where the animals will be confined in a humane manner. Such
officers may utilize-- a tranquilizer dart if necessary in order to capture
an animal which appears to be vicious or destroy such animal if necessary
to avoid a physical threat to human beings.
A. Animals at large, vicious animals, animals creating a disturbance,
maltreated animals and nuisance animals.
B. Wild or exotic animals kept in violation of Section 35-15.
C. Animals which were being transported by a person involved in a
vehicular accident when such person becomes unable to care for or
maintain control over the animal as a result of the accident and
there is no responsible person present to take possession of the
animal .
D. Animals which will apparently be or have been left uncared for as
a result of the death, injury, arrest, detention or other
incapacitation of the owner or keeper.
§35-29. Notice of impoundment.
If, by tags or other identification attached to the animal or any
other information given to the animal shelter, the owner of an impounded
animal can be identified, an animal control officer or other animal shelter
representative shall , immediately upon impoundment, notify the owner of
such impoundment by telephone or mail .
§35-30. Minimum time for impoundment of unclaimed animals.
Unclaimed animals shall be kept at an animal shelter or other
appropriate location for not less than five (5) days unless euthanasia
prior to that time is deemed necessary or appropriate by the veterinarian
advising the animal shelter personnel .
§35-31 . Reclamation of certain animals restricted or prohibited.
The following restrictions or prohibitions shall apply to the
reclamation of certain impounded animals:
A. Animals which are or appear to be vicious may not be reclaimed
unless and until a judgment of dismissal is entered by the
Municipal Court on the vicious animal charge or, upon a judgment
of guilty or no contest, the Court orders the animal released for
the purpose of immediately transporting the animal outside of the
city.
B. Wild or exotic animals kept in violation of Section 35-15 shall
not be released to the owner or any other person; provided,
however, that the humane society may release such animals to the
appropriate authorities or a zoo.
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§35-32. Reclaiming fees.
A. An owner or keeper reclaiming an impounded cat shall pay a fee of
ten dollars ($10.) plus a daily boarding fee as established by the
operator of the animal shelter subject to approval by the City
Manager.
B. An owner or keeper reclaiming an impounded dog for the first time
within a twelve (12) month period shall pay a fee of ten dollars
($10. ) plus a daily boarding fee as established by the operator of
the animal shelter, subject to approval by the City Manager.
C. An owner or keeper reclaiming an impounded dog for the second or
subsequent time within a twelve (12) month period shall pay a fee
of twenty dollars ($20. ) plus a daily boarding fee as established
by the operator of the animal shelter, subject to approval by the
City Manager.
D. An owner or keeper reclaiming an impounded dog which is not
validly licensed as required by this Chapter must license the dog
and present evidence thereof to the animal shelter prior to
reclaiming the dog. If the dog does not have a current rabies
tag , the owner or keeper shall present a current rabies
vaccination certificate for such dog issued by a licensed
veterinarian prior to reclaiming the dog. If the owner or keeper
does not have a current rabies vaccination certificate, in lieu
thereof, the owner or keeper may place a cash deposit of fifty
dollars ($50. ) with the animal shelter, to be refunded upon
presenting, within five (5) days thereafter, proof of current
rabies vaccination and license.
E. An owner or keeper reclaiming an impounded cat which does not have
a current rabies tag shall present a current rabies vaccination
certificate for such cat issued by a licensed veterinarian or, in
lieu thereof, the owner or keeper may place a cash deposit of
twenty-five dollars ($25.) with the animal shelter, to be refunded
upon presenting, within five (5) days there after, proof of
current rabies vaccination.
§35-33. Adoption or disposal of unclaimed animals.
Any animal not reclaimed by its owner within five (5) days shall
become the property of the City or humane society, and shall be placed for
adoption in a suitable home or humanely euthanized. In disposing of
unclaimed animals, it shall be lawful for the City or humane society to
surrender them to any hospital or reputable institution of learning for use
in research.
§35-34. Sterilization of adopted animals required.
No unclaimed dog or cat shall be released for adoption without being
sterilized or without a written agreement from the adopter guaranteeing
that such animal will be sterilized within a certain period of time after
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the date of release. It shall be unlawful for the adopter to violate the
terms of such written agreement.
Division 7 - Wild Birds
§35-35. Wild bird refuge created.
The area within the limits of the City is hereby made and constituted
a bird sanctuary for the refuge of wild birds, and all persons are urged to
protect the wild birds and encourage their propagation and refuge within
such sanctuary.
§35-36. Killing or capturing wild birds restricted.
It shall be unlawful for any person at any time in the City to
frighten, shoot at, wound, kill , capture, ensnare, net, trap or in any
other manner molest or injure any wild bird, or in any manner molest or
injure the nest, eggs or young of any such birds; provided, however, that
this section does not apply to English or European house sparrows or
starlings, and provided further that the Chief of Police shall have
authority to grant a permit for the killing and capturing of pigeons or
other birds with the consent or approval of the Colorado Division of
Wildlife when it is shown that the same are, or have become, a nuisance or
health hazard in any particular location in the City.
Division 8 - Enforcement
§35-37. Enforcement personnel .
The civil and criminal provisions of this Chapter shall be enforced by
those persons designated by the City.
§35-38. Interference with animal control officers prohibited.
No person shall knowingly interfere with, impede or obstruct any
animal control officer who is attempting to discharge or is in the course
of discharging an official duty or fail to obey the lawful order of an
animal control officer.
§35-39. Right of entry granted.
Animal control officers and police officers are hereby authorized to
enter upon any premises, excluding a dwelling unit, in the City for the
purpose of impounding animals which they are authorized hereunder to
impound, or for any other purpose authorized by this Chapter.
Division 9 - Penalties
§35-40. Generally.
Any person found guilty of violating any provision of this Chapter,
whether by acting in a manner declared to be unlawful or by failing to act
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as required, shall be punished in the manner described in §1-23 of this
Code. —
§35-41. Additional penalties or requirements for vicious animals.
In addition to the penalties provided in §1-23 of this Code, the
Municipal Judge shall order any animal determined to be vicious barred from
the City or destroyed by the humane society. If the Judge orders the
specific disposition of the animal , such order shall be carried out
immediately. If, on the other hand, the owner of the animal is given a
choice as to the disposition of the animal , the Court shall order the owner
to immediately surrender the animal to the animal shelter for impoundment
if the same has not already occurred. Such impoundment shall be at the
owner's expense. The owner shall make a decision as to the disposition of
the animal within five (5) days. If the animal is to be taken out of the
City, the animal shall be released to the owner for the purpose of
immediately transporting the animal outside of the City.
ARTICLE III
INSECTS
Division 1 - Bees
§35-42. Keeping of Bees Prohibited.
The keeping by any person of bee hives in the City is declared to be a
menace to the health and safety of the residents of the City and is hereby
declared a nuisance and prohibited.
Section 2. Severability.
The City Council hereby declares that should any section, paragraph,
sentence, word or other portion of this Ordinance be declared invalid for
any reason, such invalidity shall not affect any other portion of its
provisions, and the City Council hereby declares that it would have passed
all other portions of this Ordinance and adopted all such other provisions,
independent of the elimination herefrom of any such portion which may be
declared invalid.
Introduced, considered favorably on first reading, and ordered
published in summary form this 21st day of October, A.D. 1986, and to be
presented for final passage on the 4th day of Nov ber, A.D. 1986.
Mayor
�UL
City Clerk
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Passed and adopted on final reading this 4th day of November, A.D.
1986.
J&n.
Mayor
ATTEST:
140A14N"I.
lity Clerk
-16-