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Chapter 5

ANIMALS AND FOWL

Art. I. In General, Sec. 5-1 -- 5-23
Art. II. Dogs, Sec. 5-24 -- 5-43
Art. III. Cats, Sec. 5-44 -- 5-52
Art. IV. Abandonment of Animals, Sec. 5-53 -- 5-58
Art. V. Commercial Kennels, Sec. 5-59 -- 5-65
Art. VI. Pet Shops, Sec. 5-66 -- 5-71
Art. VII. Diseased or Injured Animals, Sec. 5-72 -- 5-78
Art. VIII. Penalties, Sec. 5-79
Art. IX. Animal Control Officer, Sec. 5-80 - 5-90

ARTICLE I. IN GENERAL

Sec. 5-1. Definitions.

The following terms as used in this ordinance shall be deemed to have the following meanings:

Animal: Any living vertebrate creature, domestic or wild other than humans.

Animal, Domestic: Any living vertebrate creature customarily raised for food, agricultural, or riding purposes including, but not limited to cows, horses, sheep, and chickens, but not including dogs, cats, or other pet animals.

Animal shelter: Any premises designated by action of the city for the purpose of impounding and caring for all animals found running at large in violation of this ordinance.

At large: Any animal shall be deemed to be at large when it is off the property of its owner and not under the control of a responsible person.

Confinement: Confinement or confined as used in this chapter shall mean constant and continuous, sole and segregated, physical enclosure of the animal.

Control: Under immediate and effective restraint of a responsible person, to include leashes and voice control.

Dog: Any member of the canine family more than four months of age.

Exotic or wild animal: Any mammal, fowl, fish or any other species not commonly considered as pets or commonly raised for food or agricultural purposes which would be a possible threat to the life or health of humans. Any restrictions on the keeping of such animals shall not apply to traveling entertainment shows such as circuses so long as exotic animals which may be a part of such shows are confined in such a manner as to reasonably provide safe separation between the exotic animal and the general public. The chief of police and the city animal control officer shall be responsible for determining the applicability of this definition to any mammal, fowl, fish or other species. A person desiring to possess any mammal, fowl, fish or other species which, in the opinion of the chief of police and the city animal control officer is prohibited under this definition shall have the right to request a hearing before the city council which shall make a final decision.

Exposed to rabies: Any dog or cat, whether licensed or vaccinated for rabies or not, which has been bitten by, or fought with, or has come in close contact with an animal showing symptoms of rabies.

Kennel - commercial: Any persons, group of persons or corporations engaged in the commercial business of breeding, buying or selling or boarding dogs and pets.

Owner: The person or other entity having legal title to, keeping or harboring a dog or cat.

Puppy: Any member of the canine family less than four months of age.

Vicious dog:

(1) Any dog that when unprovoked inflicts, bites or attacks a human being or domestic animal either on public or private property, or in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or

(2) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

(3) Any dog which engages in, or is found to have been trained to engage in, exhibitions of dog fighting; or

(4) Any dog at large found to attack, menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal or person;

(5) Vicious dog does not mean:

a. Any dog that attacks or inflicts bites upon a trespasser of a fully enclosed building or fence; or

b. Any dog used in the military or police if the bites or attack occurred while the dog was performing in that capacity.

Sec. 5-2. Domestic animals or fowl running at large.

It shall be unlawful for any person possessing, owning or otherwise having under his custody or control any domestic animal or fowl of any kind to permit the same to run at large in or upon any of the streets and public places or upon the land of any person in the city or tether the same in such a way that such animals or fowl may go across or upon any of such places.

Sec. 5-3. Impounding animals and fowl.

Any domestic animals or fowl found running at large or tied, staked, or pastured in, on or along any street, alley, railroad right-of-way, unenclosed land or public place in the city shall forthwith be taken up by the city animal control officer and impounded in some secure place to be provided by the city.

The animal control officer or any police officer is hereby empowered and instructed to enter upon any private premises where he has reasonable cause to believe that there is an unlicensed dog or cat or where he has reasonable cause to believe there is animal abuse.

Sec. 5-4. Redemption of impounded animals.

It shall be the duty of the city to attempt to locate the owner of any animal or fowl impounded and, when found, to notify him of such impounding; and thereupon such owner may appear at any time before such animal or fowl is sold as provided in the following section and reclaim such animal or fowl upon payment to the city of the expense, license fees and penalties fixed and prescribed.

Sec. 5-5. Sale of impounded animals.

The city may sell for cash at public or private sale all impounded animals not reclaimed by the owner after having first given four days notice of the time and place of sale and the property to be sold and the cause of sale by printed or written handbills posted at three public places in the city, two of which places shall be the city hall and county courthouse. Every such sale shall pass title to the purchaser of the animal or fowl sold. The purchaser shall be entitled to receive a certificate of purchase from the chief of police.

Sec. 5-6. Disposition of proceeds of sale of impounded animals.

The amount received from the sale of an impounded animal or fowl shall be paid into the general fund of the city.

Sec. 5-7. Turning out animals to cause impounding.

No person shall turn loose from any pen or enclosure any animal for the purpose of causing same to be impounded.

Sec. 5-8. Keeping of goats, horses, or other forms of livestock; keeping of hogs, swine or pigs - prohibited.

No person shall keep a cow, bull, mare, horse, goat, or sheep in an outdoor enclosure or pasture, the exterior boundary of which is within 100 feet of any residence, business or other such structure intended for human habitation on a permanent or temporary basis. The pen, pasture or enclosure in which such animals are kept shall provide an area of at least 900 square feet for each such animal. This section shall not apply to animals kept in the conduct of commercial enterprise or business at locations where such enterprise or business is permitted. No hogs, swine, or pigs shall be kept within the city under any condition, except that said livestock may be kept in a place of business where livestock are auctioned, bought commercially, and marketed for sale to third parties.

Sec. 5-9. Keeping of rabbits, chickens, ducks, turkeys, or other domestic animals or fowl.

No person shall keep rabbits, small animals or fowl in such number as to create a health or unsanitary condition. Sections 5‑10 and 5‑11 of this ordinance shall apply to the keeping of such animals.

Sec. 5-10. Confinement of livestock and fowl within city.

Every person owning land within the city upon which livestock are kept or permitted to be kept by the landowner or otherwise shall confine or restrict such livestock, fowl, or small animals at all times to such property. Failure to so confine or restrict livestock, fowl, or small animals kept or permitted to be kept in the city shall be a violation subject to punishment under Section 1-10 of this Code.

Sec. 5-11. Cleanliness of barns and sheds.

Every person keeping or maintaining domestic animals or domestic fowl shall keep the barn, shed, hutch or pen in which such animals or fowl are kept or maintained in a clean and sanitary condition so that the same will not create a nuisance as defined by the Code.

Sec. 5-12. Loading and transporting of livestock and fowl.

No person shall, within the city, load, unload or transfer from one vehicle to another vehicle, any hogs, sheep, cattle or other livestock or fowl in any public place, street or thoroughfare or any unenclosed private premises for a longer period than one hour. Nothing continued in this section shall prohibit loading, unloading or transferring of hogs, sheep, cattle or livestock or fowl at any established and maintained stockyards, slaughterhouse, or sale barn.

Sec. 5-13. Possession and sale of exotic or wild animals - Prohibited.

No person or corporation shall possess, house, shelter, pen, sell, or offer for sale within the city limits of the City of Chillicothe, any exotic animal as defined herein, except as permitted by applicable zoning provisions.

Sec. 5-14. Cruelty to or mistreatment of animals.

(a) A person commits an ordinance violation if he intentionally or knowingly tortures or seriously overworks an animal; fails unreasonably to provide necessary food, care, or shelter for an animal in his custody; abandons unreasonably an animal in his custody; transports or confines an animal in a cruel manner; kills, injures, or administers poison to animals belonging to another without legal authority or the owner's effective consent; causes one animal to fight with another; or treats any animal in an inhumane or improper manner or exercises any control over an animal inconsistent with rights or ownership of the animal.

(b) No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object.

(c) Notwithstanding subdivision (b), a person may do any of the following in accordance with this Section:

(1) Attach a dog to a running line, pulley, or trolley system. A dog shall not be tethered to the running line, pulley, or trolley system by means of a choke collar or pinch collar.

(2) Tether, fasten, chain, tie, or otherwise restrain a dog pursuant to the requirements of a camping or recreational area.

(3) Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period, which is defined herein as: a period of time not to exceed three hours in a 24-hour period, or a time that is otherwise approved by animal control.

(d) Nothing in this chapter shall be construed to prohibit a person from walking a dog with a hand-held leash.

Sec. 5-15. Humane treatment of animals.

No person shall collect, purchase or solicit dogs, cats, or other domestic animals for resale to serum plants, laboratory supply houses, or other experimental research teaching purposes. The provisions of this section shall not be applicable to pet shops or commercial kennels.

Sec. 5-16. Trapping.

No person shall within the city, kill, wound, injure or capture or attempt to kill, wound, injure or capture any animal or bird; provided, that the owner, tenant or authorized agent of real estate in the city frequented by animals or birds which would deprive the owner of full enjoyment of such property or real estate, may by humane methods, trap such animals or birds. No traps shall be set in any manner that could in any way unreasonably jeopardize the life or health of any person or animal.

Sec. 5-17. Limitation upon number of dogs and cats kept; operation of kennels.

(a) Any person or persons who shall own and keep, or harbor upon their premises more than three (3) dogs or four (4) cats other than under the age of four (4) months and who is not involved in selling and buying dogs or cats, shall be deemed the owner of a kennel. Such owner shall file application therefore on a form provided by the City Treasurer, which application shall provide information to indicate whether or not the proposed kennel and its operation will violate any provisions of state and city laws and ordinances. If it appears that such kennel and the operation thereof will not be in violation of state and city laws, the City Treasurer shall issue a kennel license to said applicant upon the payment of the following license fee to the City.

(b) The annual license fee for kennels shall be $100.00. All dogs and cats confined in such kennel shall be licensed in accordance with this Chapter.

(c) Such license shall permit the applicant to operate such kennel described in the application for a period of one year, unless said license is revoked, and any violation of the sections of this ordinance shall constitute sufficient cause for revocation of such license.

(d) Kennel premises shall be maintained in a clean and satisfactory and sanitary condition at all times and sanitary methods shall be used to obliterate or prevent any offensive odors. The city animal control officer, health officer and city police shall have the right to inspect such kennels at reasonable hours.

(e) No kennel shall be permitted to operate within one hundred (100) feet of a building used or occupied as a residence, except that owned by the keeper of the kennel.

(f) All kennel animals shall be fed, maintained, and housed in separate compartments, and separate outdoor runways, and not to come in physical contact with other dogs except when breeding, and except in cases of mother and their young. The inside and outside spaces shall be completely cleaned at least twice per day. The breeding shall not be done in public view.

(g) All structures, pens, coops, or yards wherein animals or fowl are kept or permitted shall be maintained in a clean and sanitary condition at all times to avoid harborage of all rodents and vermin and free of offensive, disagreeable or noxious smell or odor to the injury, annoyance, or of inconvenience of any inhabitant of the neighborhood. The enclosed area of all such structures shall be constructed in such a way as to be dry at all times on the inside.

Sec. 5-18. Establishment of a City Pound.

The City Council shall designate facilities as the City Pound for the purpose of placing this ordinance in effect. The Animal Control Officer shall be poundmaster and shall attend to the maintenance of such pound.

Sec. 5-19. Euthanization of cats and dogs at City Pound.

a) Any person who shall deliver a dog to the City Animal Control Officer, with the express purpose of having said dog euthanized, shall be charged a fee equal to the total veterinarian bill for completing the procedure, plus $10.00

b) Any person who shall deliver a cat to the City Animal Control Officer, with the express purpose of having said cat euthanized, shall be charged a fee equal to the total veterinarian bill for completing the procedure, plus $10.00

Sec. 5-20. Use of Animal Cages Owned by the City.

The City owns certain animal cages which cages the City, through its Animal Control Officer and the City Treasurer, shall allow the public to use upon the following terms and conditions:

(a) Persons desiring to use a animal cage belonging to the City shall sign a standard Use Agreement, in a form acceptable to the City and pay a $50.00 per cage deposit with the City Treasurer.

(b) Said Use Agreement shall acknowledge receipt of the cage by the person signing same, reference the $50.00 deposit, said deposit to be placed in the general fund of the City. The Use Agreements shall provide for given time within which the person signing same is required to return the animal cage and shall provide that if the person signing the agreement does not return the animal cage to the City within the time set forth, that the City shall, among other things, retain the deposit.

(c) If the animal cage is not returned to the City within five (5) day after the time specified in the Use Agreement, the City Treasurer shall notify the person signing said Agreement, either personally or by mail, of his or her default under said Use Agreement. If the animal cage is not returned to the City within ten (10) days after notice, the Animal Control Officer shall cause the same to be abated and shall certify the costs of same to the City Treasurer who shall cause a special tax bill to be prepared and assessed against the property owned by the person signing the Use Agreement. Said tax bill shall, from the date of issuance, be a first lien on the property until paid and shall be prima facia evidence of the recitals therein and of its validity, and no mere clerical error or informality in the same or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the City Treasurer on or before the 1st day of June of each year. Such tax bills, if not paid, shall bear interest at a rate of 8% per annum from the date said animal cage was abated by the City. Said property may be sold in the same manner as any other property with delinquent taxes.

Sec 5-21. Feces Removal

Person’s controlling or allowing his/her domestic animal to be away from their own property shall be required to clean up and carry off any feces deposited on any public or private property not the property of the animal’s owner, and properly dispose of said feces upon their return to their own property.

Sec. 5-22. Limitations of particular breeds.

No person shall own, harbor or keep any canine exhibiting the dominant characteristics of the following breeds: American Staffordshire Terrier, Staffordshire Bull Terrier, or American Pit Bull Terrier within the City limits of Chillicothe; excepting any person lawfully owning or keeping such animal as of February 12, 2007. To be lawful, the dog must comply with all Animal & Fowl Ordinances, in addition to being:

1. Spayed or neutered;

2. Leashed and muzzled at all times while the dog is on public property or on private property not owned by the person in control of the animal;

3. The owner of a dog shall confine such dog within a fully enclosed structure from which it cannot escape. A fully enclosed structure shall mean a building with all doors, windows and other openings covered such that the dog cannot escape, or a pen having four walls, a top and bottom of sufficient strength that the dog cannot escape and that is located behind the front line of the main building on the lot and more than ten feet (10') from any lot line. The structure must be locked or otherwise secured against accidental entry by people or domestic animals with a key or combination lock when such animals are within the structure.

4. The owner shall show proof of liability insurance policy exhibiting no less than $100,000.00 coverage for any incident involving a dog.

5. The owner, at his or her expense, shall allow the animal control officer to implant a microchip identification in the dog.

Sec. 5-23. Penalty For Violation of Breed Limitations.

The penalty imposed for any violation of Section 5-22 shall be a fine of no less than $100.00 and up to $500.00 or incarceration up to one year in jail or both such fine and jail. Further, any person in violation of Section 5-22 shall have no less than five (5) and no more than ten (10) days to remove the animal from the City. Failure to do so shall result in the euthanasia of the animal at the owner’s expense.

ARTICLE II. DOGS

Sec. 5-24. Annual license.

(a) Every person owning, keeping, harboring or permitting a dog to remain on his premises shall register and secure a license for such dog if over the age of four months. Dog licenses shall be issued by the City Treasurer upon payment of the license fee not to exceed $7.50 for each spayed or neutered male or female and a fee not to exceed $15.00 for each unneutered male or unspayed female. Application for a dog license shall be made by the owner on a printed form, provided by the city for that purpose, upon which he shall state his name and address and the name, breed, color and sex of each dog owned or kept by him. Before any dog license shall be issued the owner shall present to the licensing officer a certificate of vaccination from a licensed veterinarian showing that such veterinarian has vaccinated the dog sought to be licensed with an anti‑rabies vaccine and certification from a veterinarian verifying neutering or spaying. This provision of the article shall not apply to a dog whose owner is a nonresident temporarily within the city not to exceed thirty (30) days and not to "leader" dogs which have been vaccinated and are trained and actually used to assist a handicapped person. However, "leader" dogs may be registered by the owner thereof, but no annual license fee shall be charged for same. Licenses shall be issued for the calendar year beginning January 1, after which the applicant shall be assessed a penalty of 50 percent if the dog was of the age of 4 months by March 1. This licensing provision shall become effective for the registration period beginning January 1, 2006.

(b) No vicious dog shall be granted a license, unless the owner provides proof of homeowner’s or renter’s insurance of not less than $100,000.00 for coverage against personal injury or death of any person resulting from attack by a dog.

(c) No dog, as outlined in Section 5-22, above, shall be permitted a license hereunder.

(d) Subject to the above, if during the license period ownership of the dog is transferred to the new owner upon making application to the City Treasurer, the transfer fee shall be $5.00.

Sec. 5-25. Dog tags.

Upon payment of the license fee, the city treasurer shall issue to the owner a license certificate and a metallic tag for the dog so licensed. The shape of the tag shall be changed each year and shall have stamped thereon the year for which it was issued and the number corresponding with the number of the certificate. Every owner shall be required to provide each dog with a collar to which the license tag shall be affixed, and shall see that the collar and the tag are worn constantly unless the dog, accompanied by owner, is engaged in hunting or other sport where a collar might endanger the dog's safety. In this instance the owner shall produce the tag or other proof of ownership if so requested by the animal control officer. In case a dog tag is lost or destroyed, a duplicate shall be issued by the city treasurer upon presentation of a certificate showing the license fee paid for the current year, and the payment of three dollar ($3.00) fee for such duplicate. Dog tags shall not be transferable from one dog to another and no refunds will be made on any dog license tag because of the death or loss of the dog or the owner's leaving the city before the expiration of the license period. No person shall remove or cause to be removed the collar or tag from any dog without consent of the owner or keeper thereof.

Sec. 5-26. Dogs at large.

It shall be a violation of the Code of the City of Chillicothe, Missouri for an owner or keeper of a dog (or cat) to let such dog (or cat) run at large, which is defined to mean off the premises of the owner and not under the control of the keeper, owner, or responsible member of the household of the keeper or owner. A dog (or cat) is under control if it is under the immediate and effective restraint of a responsible person.

Sec. 5-27. Impoundment of licensed dogs.

Any licensed dog found running at large in the city will be humanely handled by the animal control officer taken up and secured at the animal control shelter. Notification will be made to the owner of the dog's impoundment. The licensee or person making claim for the dog shall be considered the owner or keeper of said dog by virtue of the license application or the claim made and will be cited for the offense of permitting a dog to run at large.

Sec. 5-28. Impoundment of unlicensed dog.

Any dog running at large in the City of Chillicothe, Missouri, whose licensed applicant owner, or keeper cannot be found, or not wearing a collar bearing a dog license tag as provided and described herein, shall be taken up by the animal control officer and impounded at some suitable place for five days during which time it shall be the responsibility of the animal control officer to see that such dog is fed and watered. If an unlicensed dog is found running at large, but its ownership is known to the Animal Control Officer, impoundment shall be in accordance with Section 5-27.

Sec. 5-29. Redemption and fees.

The owner of a dog or other animal shall be entitled to resume possession of any impounded dog or other animal before it is disposed of, upon compliance with the license provisions herein and the payment of the impoundment fees set forth in this article. The animal control officer shall require that such dog be vaccinated with anti‑rabies vaccine as a condition for the release of such dog, and may require such other vaccinations of the animal when deemed necessary.

Any pet impounded under the provisions of this ordinance may be redeemed by the owner or keeper upon payment of a redemption fine of $35.00 plus an additional fine of $10.00 per day of impoundment or any fraction thereof, to offset the costs of impoundment for the first offense. The second offense shall require a $60.00 redemption fine and an additional fine of $10.00 per day of impoundment or any fraction thereof, to offset the costs of impoundment. The third offense and every offense thereafter in any calendar year shall require a $100.00 redemption fine and an additional fine of $10.00 per day of impoundment or any fraction thereof to offset the costs of impoundment.

Dogs or other animals not claimed in a timely fashion may be adopted upon payment of an amount not less than that due the City as redemption fees for a first time offense.

Sec. 5-30. Humane destruction of impounded dogs.

Any dog impounded under the provisions of this article and not reclaimed by the owner within five days may be humanely destroyed by a veterinarian or a qualified person designated by the city by injection of a substance that is considered to be humane, or placed in the custody of some responsible and suitable owner who will comply with the provisions of this article and pay the adoption fees and if such dog is an unspayed female, will agree to have such female spayed within 90 days. Diseased or dying dogs may be humanely destroyed at the time of collection except that if the owner can be discovered from the tags on the animal he will be notified prior to disposing of the animal.

Sec. 5-31. Humane destruction at request of owner.

Any person having the right to have any dog or cat killed and who shall request the humane destruction of such dog or cat will be granted the services available for humane destruction of impounded dogs or cats. Any person making such a request shall be responsible for all costs associated with same and these costs shall be paid prior to the performance of the services.

Sec. 5-32. Animal bite procedures.

(a) Required confinement and notice of authorities. Any animal that shall bite any person or other animal, causing an abrasion of the skin, shall be immediately confined for a period of ten days by the animal control officer. It shall be the duty of the person owning, harboring or permitting any animal to be about his premises to notify the animal control officer immediately upon knowledge or notice that such animal has bitten any person or other animal and if such animal has been or will be delivered to a veterinarian.

(b) Required immediate veterinarian examination. All animals subject to confinement will as quickly as practicable be transported by the owner or if the owner is unavailable or unwilling, by the animal control officer to a licensed veterinarian for examination. All costs associated with this procedure shall be the obligation of the owner of the animal.

(c) Home confinement. If upon examination the first offender animal is free of apparent signs of central nervous system disease, and has received rabies vaccination more than 30 days prior to the bite and not more remotely than one year, or has received a vaccination more remotely than one year and has a certificate from a licensed veterinarian certifying the continuing effectiveness of such vaccination the owner with facilities to and who will assure the animal control officer of his confinement to do so, will be permitted to confine the animal examined by a licensed veterinarian on the tenth day, with reports of the examination to be made expeditiously to the police department. If in home confinement of an animal is not maintained, it will be picked up by the animal control officer and confined in the facilities of a licensed veterinarian.

(d) Veterinarian confinement. In all cases other than those described in subsection (c) above, the animal will be confined in the facilities of the licensed veterinarian.

(e) Payment of all veterinarian charges. All inspection confinement charges of the veterinarian will be paid by the person owning or harboring the animal. If the animal is not claimed by the owner at the end of confinement period, the animal will be impounded by the city and released to the owner only upon payment of all veterinary charges and fees in Section 5-29. If not claimed within five days, Section 5-30 will apply.

(f) Disposition of animal without quarantine observation - Prohibited. It shall be unlawful for any person with notice or knowledge that an animal owned, harbored or permitted to remain about his premises has bitten any person, to dispose of such animal in any manner and a violation of the terms of this Section shall be deemed a violation subject to punishment under Section 1-10 of this Code.

(g) Death while confined; duty to notify police department. The animal control officer or a veterinarian or owner shall notify the police department immediately of the death of any animal while under his observation or care. All animals which have bitten any person shall be secured in such a manner so as to prevent their biting other animals while such animal remains in the city pound or in the care of a veterinarian.

(h) Destruction of dangerous animal prior to quarantine; laboratory examination of brain. If any dangerous, fierce or vicious animal cannot be safely taken up or impounded, such animal may be slain by any policeman. In all cases where the animal has bitten a person or caused an abrasion of the skin, is slain by any policeman, whether by order of court or otherwise, and a period of less than 15 days has elapsed since the day upon which such animal bit any person or caused an abrasion of the skin of any person, it shall be the duty of the chief of police to cause to be delivered without delay, the head with brain of such animal to the state division of health laboratory or other authorized laboratory for analysis.

(i) Emergency epidemic controls. It shall be the duty of the mayor, whenever in his opinion the danger to the public safety from rabid animals is great and imminent, to publish his proclamation order requiring all persons owning, keeping or harboring any animal to securely muzzle or confine same, for the period prescribed in the proclamation. All animals not so muzzled or confined during such period shall be presumed to be an abandoned or unknown animal.

(j) Disposition of animal bitten or scratched by another animal. If an animal which has either not been vaccinated for rabies or has not received timely booster vaccinations for same is bitten or scratched by an animal adjudged to be rabid, such animal shall be forthwith destroyed or held under six months quarantine by the owner in the same manner as other animals are quarantined. If an animal which has been vaccinated for rabies is bitten or scratched by an animal adjudged to be rabid, such animal be given a rabies booster vaccination and shall be watched for abnormal behavior for a period of 30 days. If an animal is bitten or scratched by an animal, and it is not known whether that animal is rabid, the bitten or scratched animal shall be quarantined for a period of six months.

(k) Disposition of animals after quarantine. Any animal which becomes rabid during the period it is confined shall be killed and the health officer may order the chief of police to deliver the head with the brain of such animal to the state laboratory or other authorized laboratory for analysis.

Sec. 5-33. Injury to humans.

No person will own, keep, possess, or harbor an animal which has a history of inflicting to any human being injury on two separate incidents reported to the animal control officer unless it can be proven that the animal was defending itself against unwarranted harassment by a human. No section of this ordinance shall be construed as preventing a person from exercising reasonable self-defense tactics to prevent an animal attack.

Sec. 5-34. Restrictions on vicious dogs.

Any dog determined to be vicious shall comply with all of the terms and conditions set forth in Section 5-22, above, within 45/60 days.

Sec. 5-35. Animals annoying humans by barking, howling, yelping, jumping upon, threatening, spreading garbage or attacking other domestic animals or fowls.

It shall be unlawful for any person to own, keep or harbor any animal which, by loud, frequent or habitual barking, howling, or yelping, shall annoy or disturb any neighborhood or person, or by habitually jumping upon or threatening any person at any location other than on the owner’s property or shall cause persons thereon to be put in fear of injury or habitually spreads garbage or habitually attacks other domestic animals, pets or domestic fowls.

Sec. 5-36. Animals damaging property.

It shall be unlawful for any person to own, keep or harbor any animal which repeatedly does damage to shrubs, gardens or property.

Sec. 5-37. Female dogs in heat; running at large.

It shall be unlawful for any owner, keeper, or person harboring any female dog to permit or suffer her to run at large within the city while she is in heat, whether she has the collar or tag required by the article on her or not. If the owner of such female dog cannot be immediately found, such dog shall be impounded by any police officer. Every female dog in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that such female dog cannot come in contact with another animal, except for breeding purposes.

Sec. 5-38. Dogs without current vaccination.

It shall be unlawful for any person to own, keep, harbor or permit a dog on his premises that does not have current and effective vaccination against rabies.

Sec. 5-39 - 5-43. Reserved.

ARTICLE III. CATS

Sec. 5-44. Damaging shrubs, gardens and property.

Cats in the city that repeatedly do damage to shrubs, gardens or property shall be subject to the same regulations regarding dogs as set forth in Article II, Section 5-26 through 5-30 of this Code.

Sec. 5-45. Apprehension of cats running at large.

Apprehension of cats running at large in violation of Sec. 5-2; Sec. 5-26 and Sec. 5-44 shall be addressed by effected person. The city will make available humane box traps to be used by the complainant to apprehend such cats. A reasonable deposit will be required for use of such traps. The city will pick up all cats apprehended and handle them in accordance with Section 5-26 through 5-30.

Sec. 5-46. Annual license.

Every person owning, keeping, harboring, or permitting a cat to remain on his premises shall register and secure a license for such cat if over the age of four months. Cat licenses shall be issued by the city license officer upon payment of the license fee of $7.50 for each spayed or neutered male or female and $15.00 for each unneutered male or unspayed female. Applications for a cat license shall be made by the owner on a printed form provided by the city for that purpose upon which he shall state his name and address and the name, breed, color, and sex of each cat owned or kept by him. Before any cat license shall be issued, the owner shall present to the licensing officer, a certificate of vaccination from a licensed veterinarian showing that such veterinarian has vaccinated the cat sought to be licensed with anti‑rabies vaccine and certification from a veterinarian verifying neutering or spaying. The provision of the article shall not apply to a cat whose owner is a nonresident temporarily within the city for a period not to exceed 30 days. Licenses shall be issued for the calendar year beginning January 1st and shall be delinquent after March 1st after which the applicant shall be assessed a penalty of 50 percent of the license fee if the cat was of the age of four months by March 1st. This licensing provision shall become effective for the registration period beginning January 1, 2007/8.. If during the license period ownership of the cat is transferred, the new owner may transfer the license upon making application with the city collector. Transfer fee shall be $5.00.

Sec. 5-47. Owner of cat shall exhibit license upon request.

The owner of any cat shall upon request of the city animal control officer or other person designated by the chief of police to enforce the provisions of this article exhibits the license as proof of licensing of the cat. Failure to exhibit such license upon request by such above mentioned city official, shall be prima facie evidence of nonregistration and the owner shall be cited under the provisions of this article for failure to obtain proper licensing of the cat.

Sec. 5-48. Cats without current vaccination.

It shall be unlawful for any person to own, keep, harbor or permit a cat on his premises that does not have current and effective vaccination against rabies.

Sec. 5-49 - 5-52. Reserved.

Vicious Cats:

ARTICLE IV. ABANDONMENT OF ANIMALS

Sec. 5-53. Abandonment of an animal within the municipality.

It shall be unlawful for any person to abandon any animal within the corporate limits of this municipality.

Sec. 5-54 - 5-58. Reserved.

ARTICLE V. COMMERCIAL KENNELS

Sec. 5-59. License required of commercial kennels; veterinarian kennels exempt.

All persons operating commercial kennels as defined herein shall obtain a license from the city treasurer for operation of such kennel. Kennels operating in conjunction with a veterinarian licensed by the city shall be exempt from this provision. The licensing fee shall be as set forth in this Code.

Sec. 5-60. Requirements for operation.

Permittee shall operate kennel so as to eliminate excessive or untimely noise from animals and offensive odors from kennel. An isolation ward sufficiently removed as not to endanger the health of other animals shall be provided for animals sick with a communicable disease. Permittee shall retain name, address and telephone number of the owner of each boarded dog, and the license number of each dog. This registration must be exhibited to any representative of the city upon demand. Permittee shall retain name and address of each person selling, trading, or giving any dog to the kennel. Permittee shall notify owner of boarded animal when animal refuses to eat or drink causing it to loose flesh or when the animal is injured or becomes weak or ill.

Additional requirements for operation in Section 5-17 are incorporated herein by reference.

Sec. 5-61 - 5-65. Reserved.

ARTICLE VI. PET SHOPS

Sec. 5-66. Standards.

All pet shops, as defined herein, including pet shops run in conjunction with another holding facility, shall in addition to the other requirements of this article comply with the minimum standards of this section.

(a) Water: There shall be available water for washing cages and disinfecting easily accessible to all parts of the shop. Fresh drinking water shall be available to all species at all times. All water containers shall be mounted so the animal cannot turn them over and be removable for cleaning.

(b) Room temperature: The room temperature of the shop shall be maintained at a level that is healthful for every species of animals kept in the shop.

(c) Cages and enclosures: All animals under three months of age are to be fed at least three times per 24 hours, if appropriate for the species. Food for all animals shall be served in a clean dish so mounted that the animal cannot readily tip it over or defecate or urinate in same.

(d) Birds: Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleaned every day and cages must be disinfected when birds are sold. Parrots and other large birds shall have separate cages from smaller birds.

(e) Fish: The water temperature shall be maintained at a constant temperature that is healthful.

(f) Bedding: There shall be sufficient clean and dry bedding to meet the needs of each individual animal.

(g) Care: All animals must be fed (if appropriate for the species), watered, and cages cleaned every day, including Sundays and holidays.

(h) Fee: An annual business licensing fee of $25.00 shall be required. Such fee shall constitute, rather than be in addition to, any such fee required under this Code.

Secs. 5-67 - 5-71. Reserved.

ARTICLE VII. DISEASED OR INJURED ANIMALS

Sec. 5-72. Sale of known diseased animals.

No animal known to be diseased shall be sold or accepted for sale while the disease is active.

Sec. 5-73. Disposition of diseased or injured animals.

In all instances in which a diseased or injured animal, whether domestic or wild, is suffering as a result of such disease or injury, and the owner thereof is unknown or the animal is stray, such animal shall be humanely destroyed.

Secs. 5-74 -- 5-78. Reserved.

ARTICLE VIII. PENALTIES

Sec. 5-79. Penalties for violations.

Whenever by the terms of this Chapter the doing of an act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore, the violation of such provision shall be punished by a fine of not more than $500.00 or incarceration for up to one year in jail or both such fine and costs.

ARTICLE IX. ANIMAL CONTROL OFFICER

Sec. 5-80. Responsibility of enforcement.

(a) There shall be appointed by the mayor, with the consent of the City Council, an Animal Control Officer for the City of Chillicothe. The Animal Control Officer shall be over 21 years of age and a resident of the City of Chillicothe while holding his/her commission.

(b) The Animal Control Officer shall enforce the provisions of this ordinance and also carry out the duties and responsibilities as set out herein.

(c) Except as otherwise provided for in this ordinance, the chief of police shall be responsible for the enforcement of this ordinance. The chief of police may assign an employee or employees to be responsible for enforcing the provisions of this ordinance.

(d) On complaint of the violations of this ordinance, the Animal Control Officer shall investigate the alleged violation and report to the City Attorney who shall, if the circumstances and facts warrant, institute an action in the Municipal Court.

Sec. 5-81. Rabies Vaccination.

A licensed veterinarian shall give all adopted animals a rabies vaccination prior to release for adoption.

Sec. 5-82. Registration, Licensing and Adoption Fees.

The Animal Control Officer is hereby authorized to receive any registration, licensing and adoption fees and is required to keep accurate record of such receipts.

Secs. 5-83 -- 5-90. Reserved.

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