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06 ANIMALS AND FOWL (2) TITLE 6 5-22 ANIMALS AND FOWL, Chapters: 6.04 Dogs 6.08 Other Animals and Fowl CHAPTER 6.04 DOGS Sections: 6.04.01 Annual tax 6.04.02 License 6.04.03 Vaccination 6.04.04 Kennels, etc. 6.04.05 Penalty 6.04.06 Confinement of dogs 6.04.07 Running at large 6.04.08 Destruction of 6.04.09 Hydrophobia 6.04.10 Duplicate receipts 6.04.11 Barking or vicious dogs 6.04.12 Interfering with Animal Control Officer 6.04.13 Field of Dreams 6.04.01 Annual tax That Ord.No. 3-64 and Ord.No. 9-75 are amended to raise the annual dog license tax from$.25 to $5.00 and to allow the payment and collection of that tax at the Pointer Trail Animal Clinic,Hubbs Animal Clinic and Broadfoot Veterinary Clinic. Said dog license.taxes will also continue to be collected by the Van Buren City Clerk/Treasurer. (Ord. No. 38-95, Sec. 1.) �"`� 85 5-22 6.04.02 License Every person owning or keeping any dog within the city limits shall apply to the Treasurer of the city of Van Buren, and on payment of the tax specified above shall receive a license and metal license check,which said license shall show the name of the owner, his address, the sex of the dog and the amount of the license paid and the date of its issuance. Said Treasurer shall keep a register of the applicant,his residence,number of the license and check and the sex of the dog. Said license and license check shall not be transferable, and said license check must be worn by the dog at all times. 6.04.03 Vaccination No tax shall be accepted by the Treasurer of the city of Van Buren and no license shall be issued to any applicant without first having the dog for whom a license is sought vaccinated against rabies by a regularly licensed veterinary surgeon,and the certificate of such surgeon shall be exhibited to said Treasurer before a license to keep such dog shall be issued. Said Treasurer shall keep a record of the name of the veterinary surgeon and of the date i 85.1 O 5-14 of said vaccination. Such vaccination must have been made within one year prior to the date of issuance of any such license. 6.04.04 Kennels, etc. a. It shall be unlawful for more than four(4) dogs over six(6)months of age to be confined,kept or harbored upon the premises of any person, firm or corporation within the corporate limits of the city of Van Buren, except when said person, firm or corporation is licensed with the city as a commercial kennel, dog hospital, dog breeding establishment,veterinarian, or dog groomer,when such dogs are kept upon the premises used by such commercial kennel, dog breeding establishment, dog hospital, dog groomer, or veterinarian, at their normal place of business. Keeping on the premises of the owner of more than four(4) dogs shall be prima facie evidence of violation of this Section and the burden of proof shall be on the owner to show the ages of the dogs. Any owner found in violation of this Section shall be subject to a fine of between$25.00 and$100.00. b. Any person owning maintaining or operating a commercial kennel or dog breeding establishment,where dogs are kept confined on the premises of such kennel or establishment or on leash,in addition to an annual franchise tax,shall also pay an annual dog license fee of Five Dollars ($5.00)to be paid in lieu of a separate dog license for each dog,such fee to be paid to the Treasurer of the city of Van Buren on or before the 30t"day of April of each year or within thirty(30) days after the commencement of operation of such commercial kennel or dog breeding establishment. C. Any person owning,maintaining or operating a commercial kennel, dog breeding establishment, dog hospital,veterinarian clinic or dog grooming business, shall not allow the dogs thereon to run at large or cause excessive barking in violation of the Van Buren City Code. (Ord.No. 31-92, Sec. 1.) 6.04.05 Penalty.If said dog license tax is not paid by April 30th of each year,there will be a penalty of Fifty Cents (500) added and collected at time of purchase of said dog tax.Penalty on kennel license will be Two Dollars and Fifty Cents ($2.50).Penalties to be collected and paid to the Treasurer of the City of Van Buren. 6.04.06 Confinement of dogs.No person,firm,partnership or corporation owning,keeping or harboring a dog, or dogs,whether vaccinated or unvaccinated, licensed or unlicensed, shall allow such dog, or dogs,to run at large within the corporate limits of the City of Van Buren. (Ord.No. 17-1976, Sec. 1) 6.04.07 Runningat large.Any dog found in the city upon which the applicable tax as herein provided for has not been paid,or any dog found running at large about which dog a -86- 5-21 complaint is or has been made to the city of Van Buren, shall be taken up by said city and disposed of as hereinafter provided,and any dog found running at large in violation of any provision of this article shall be taken up by the city of Van Buren and disposed of as hereinafter provided. 6.04.08 Destruction of Any dog taken up by said city, its servants, agents or employees, and which said dog is so injured or diseased as in the discretion of such city makes the destruction of said dog advisable, shall be forthwith killed and disposed of by such city and any other dog or dogs taken up by such city shall be held for a period of seventy-two (72)hours and unless within such time called for by owner,keeper of or harbored of said dog, and all taxes and impounding fees due thereon paid,may be disposed of by said city as it is deemed best for the welfare of said dog and the public interest.Any owner,keeper or harborer of said dog who shall call for the same within limited time above shall in addition to paying all taxes due on said dog pay in addition a pound fee of not less than One Dollar($1.00)nor more than Five Dollars ($5.00)before receiving the possession of said dog from such city. Provided,that prior to destroying a dog which carries its owner's address,the municipality shall give the dog's owner at least five(5) days'notice by certified letter of the date of the proposed destruction of the dog. 6.04.09 Hydrophobia In the event of the prevalance of hydrophobia to such an extent as in the discretion of the city of Van Buren to make such action advisable, said city may by proclamation require that all dogs owned,kept or harbored in the city be kept confined upon the premises of the owners,keepers or harborers of such dogs for such time as may be designated in such proclamation, and such proclamation to take effect upon publication thereof by such city in a newspaper having a general and bona fide circulation in the city of Van Buren, and any dog not so confined after the effective date of such proclamation shall be taken up by such city and disposed of as provided in Section 6.04.08. 6.04.10 Duplicate receipts,Any person required by the terms of this ordinance to pay any tax or purchase any license who shall suffer the loss of the receipt or evidence of the same shall forthwith procure from the Treasurer of the city, a duplicate receipt or other evidence of the payment of said tax or license fee. The said Treasurer shall collect a fee of Fifty Cents($.50) for each duplicate so issued. 6.04.11 Barking or vicious dogs A. No person shall own,keep or harbor any dog which by loud frequent or habitual barking,howling or yelling shall annoy or disturb any neighborhood and finther no person shall own,keep or harbor any vicious dog. Any person found in violation of this Section shall be subject to a fine of between$25.00 and$100.00. B. "Vicious dog"means any dog which has: 87 O 5-21 1. A disposition to bite human beings or other animals, and any dog which has bitten or attempted to bite any human being or other animal within the immediately preceding six(6)month;however,the fact that a dog has bitten or attempted to bite some person or animal in direct reaction to being teased or molested by that person or animal shall not cause that dog to be considered a vicious dog within the sense of this definition. Similarly,the fact that a dog has bitten or attempted to bite some person or another animal,when that person, or other animal has intruded into a confined area being protected by the animal, shall not cause it to be considered a vicious dog under this definition; 2. Caused a life-threatening injury,broken bone,multiple sutures, or any injury requiring medical attention to a person or domestic animal,without provocation, on public or private property; or 3. Killed a domestic animal,without provocation, on public or private property; or 4. Is owned or harbored primarily or in part for the purpose of dog fighting or is a dog trained for fighting. C. "Dangerous dog"means any dog which displays or has a tendency, disposition or propensity to: 1. Bare its teeth or approach in a menacing manner a person or domestic animal that is not provoking the dog, or 2. Attack, chase, charge or bite a person or domestic animal in a menacing manner, or attempt to do so. D. Classification of a dog as a"vicious"or"dangerous": The following procedure shall be followed for classifying a dog as vicious or dangerous: 1. Animal Control shall be authorized initially to classify a dog as dangerous or vicious. Animal Control may find and declare a dog to be vicious or dangerous if the officer has probable cause to believe that the dog falls within the definition set forth herein. The finding must be based upon: a. The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definition set forth herein; or ('� 87.1 S-21 b. A report filed with Animal Control or any law enforcement officer; or C. Actions of the dog witnessed by Animal Control or by any law enforcement officer. 2. The classifying of a dog as vicious or dangerous shall be in writing and shall be served on the owner or harborer by one of the following methods: a. Certified mail to the owner's or harborer's last known address; or b. Personally. E. Any person who has received notice that his or her canine has been deemed a vicious or dangerous dog may appeal such decision to the Animal Control/Code Enforcement supervising officer("Supervisor"). The appeal must be in writing and made within five(5)business days of the day the notice was provided in accordance with this section. 1. The Supervisor shall schedule and hold a hearing,within five (5)business O days after receiving the written appeal,to review the initial classification. The Supervisor's decision shall be considered the final decision of the city as to whether the canine is a vicious or dangerous dog. 2. If the initial classification is not appealed or if the right to appeal is waived,the initial classification shall be considered the final decision of the city as to whether the canine is a vicious or dangerous dog. 3. An appeal fiom the decision of the Supervisor may only be made to a court of competent jurisdiction. F. During the entire appeal process,it shall be unlawful for the owner or harborer appealing the classification of vicious or dangerous dog to allow or permit the dog to: 1. Be unconfined on the premises of the owner or harborer; or 2. Go beyond the premises of the owner or harborer unless such dog is securely leashed and humanely muzzled or otherwise securely restrained. 87.2 5-21 G. Ani nal Control may require temporary confinement of the dog pending the determination required in this section. If the owner or harborer does not comply immediately with the temporary confinement requirements,the dog shall be impounded as provided in 6.04.07. H. No person shall own,possess or cause to be in the city, any dog which Animal Control has determined to be a dangerous or vicious dog,unless it is restrained, confined or muzzled so that it cannot charge, attack,bite or cause injury to any person or domestic animal, and unless it is maintained at all times in compliance with any order of compliance issued under this article. I. Upon determination that a dog is dangerous or vicious,Animal Control shall issue an order of compliance requiring the owner or harborer immediately to confine, muzzle and restrain the dog sufficiently to protect all persons and domestic animals, and otherwise to comply completely with the terms of this article. Coming into full compliance with this article shall not exceed forty-five(45) business days from the date of issuance of the order of compliance. I The order of compliance may,in the reasonable discretion of Animal Control, require that: 1. When outside of the walls of the owner's or harborer's home,the dog shall be confined in pen as set forth in the definition of"pen"in this section except when entering or exiting the pen. 2. It shall be unlawful for a vicious dog to be outside of a dwelling or enclosure unless it is necessary for the owner or harborer thereof to obtain veterinary care for the vicious dog or to sell or give away the vicious dog or to comply with commands or directions of Animal Control with respect to the vicious dog. In such event,the vicious dog shall be securely muzzled and restrained with a chain leash not exceeding four(4)feet in length, and shall be under the direct control and supervision of an individual capable of restraining and controlling the vicious dog. 3. The owner's harborer's home and the dog's pen shall be posted with firmly attached and prominently displayed signs warning the public that the dog is dangerous or vicious. These signs shall be furnished by the city of Van Buren and will be distributed upon payment of any license fee required to be paid pursuant to this ordinance. 87.3 5-21 4. The owner or harborer of a vicious dog shall provide proof upon request by an Animal Control or law enforcement officer of liability insurance in the amount of One Million Dollars ($1,000,000.00) covering harm done by the dog. 5. The owner or harborer of a vicious dog shall provide proof upon request by an Animal Control or law enforcement officer that the dog has been spayed or neutered. K. Upon a determination that a dog: 1. Is a dangerous dog,the owner or harborer shall present the dog for photographing by Animal Control sufficient to identify the dog for city records and have a microchip identification implanted by a licensed veterinarian or any area humane society. 2. Is a vicious dog,the owner or harborer shall present the dog for photographing by Animal Control sufficient to identify the dog,for city records, and have a microchip identification implanted by a licensed veterinarian or any area humane society. L. By continuing to be an owner or harborer of a dog within the city,which has been determined to be a dangerous or vicious dog,the owner or dog harborer shall be deemed to have given implied consent to reasonable inspections by Animal Control of the dog, of the premises where it is kept, and of documents evidencing any required liability insurance. M. If the owner or harborer fails to meet fully Animal Control's requirements for temporary confinement and restraint, including any schedule of construction of pen or restraints, or fails to maintain full compliance with the order of compliance,Animal Control may seize and impound the dog, and may after five (5)business days humanely destroy it,unless the owner or harborer has demonstrated full obedience to the requirements for temporary confinement and the order of compliance, in which case the dog may be returned after payment of all impoundment costs and fees. N. A determination that a dog is dangerous or vicious shall stand until Animal Control determines otherwise by written finding. O. No person shall be an owner or harborer of or cause to be in the city: 87.4 5-21 1. Any dog determined to be a dangerous dog by Animal Control unless an annual special license fee of Two Hundred Fifty Dollars ($250.00) shall have been paid to the city; or 2. Any dog classified vicious by Animal control unless an annual special license fee of One Thousand Dollars ($1,000.00) shall have been paid to the city. No such license shall be issued except upon proof of paid annual liability insurance in the amount of One Million Dollars ($1,000,000.00) as required by this ordinance. P. The owner or harborer of a dog in violation of any provision of this section shall be deemed guilty of a misdemeanor, and,upon conviction thereof, shall be punished by the assessment of a fine up to Five Hundred Dollars ($500.00)per occurrence. Q. If a complaint has been filed in the District Court against the owner or harborer of an impounded dog for violation of this section,it shall not be released except on the order of the court,which order may also direct the owner or harborer to pay a fine and all impoundment fees. Upon finding that the dog is vicious,the court may order it to be euthanized in a humane manner. Surrender of a dog by the owner or harborer thereof to Animal Control shall not render the owner or harborer immune from the fines and fees of this article. R. An owner or harborer of a dangerous or vicious dog,who desires to transfer possession of the dog shall, at least three(3) days prior to the transfer, complete and return a notarized transfer form provided by Animal Control. S. Any notice required under this article shall be deemed delivered: 1. Five(5)business days after being mailed,first class postage prepaid,to the residential or business address of the owner or harborer; 2. Twenty-four(24)hours after being posted at the location where the dog is held, unless it is impounded by the city; or 3. Upon hand delivery to the owner or harborer. T. It shall be an affirmative defense to prosecution under this article that the dog: 1. Is owned by a law enforcement agency and used for law enforcement purposes; or 87.5 O 5-21 2. Directed its behavior at a person who was committing a willful trespass or other tort upon the property of the owner; or 3. Directed its behavior at a person who was committing a violent offense to the owner or dog when off the owner's property,but under restraint; or 4. At the time of its behavior was in custody of a veterinarian or animal shelter. U. It shall be unlawful for any dog owner or harborer knowingly to allow such dog to run at large within the corporate limits of the city. V. For the purposes of this section"pen" shall mean an enclosure for domestic animals meeting the following requirements: 1. The minimum pen size shall be 4' x 6' or twenty-four(24) square feet for one dog under fifty(50)lbs. For dogs over fifty(50)lbs.,the minirnum pen size shall be 5' x 10' or fifty(50) square feet. 2. In all pens, each dog housed therein shall have room to stand,lie down, turn around and site normally away from its own waste;this requires a minimum of 4'x 6'. A pen 5' x 10' shall hold no more than one(1)large, or two (2)medium, or three(3) small breed dogs. 3. All pens shall be a minimum of six(6) feet in height. 4. All pens surrounded on all sides and top by chainlink fencing of at least No. 9 guage,with steel ties,maximum 2.5 inch mesh,with concrete or similar flooring or with side fencing buried 18 inches into the ground, and with gates padlocked. W. All other provisions of this article notwithstanding, any vicious dog, for which an order of compliance has been issued,but which is thereafter found outside the walls of the owner's or harborer's home or pen, shall be humanely destroyed five (5) days from the time of notification of the owner or harborer as set forth in 6.04.08 of the Van Buren Municipal Code. (Ord.No.2007-8, See.l.) 6.04.12 Interfering with Animal Control Officer No person shall interfere with,hinder or molest the Animal Control Officer in the performance of any duty of such officer, or shall release, or attempt to release, or remove, any animal from the City Animal Impoundment except by the procedure provided for in Section 6.04.08 herein. Any person found in violation of this Section shall be subject to a fine of between$25.00 and$100.00. (Ord.No. 92-31, Sec. 2.) 87.6 S-33 6.04.13 Field of Dreams Notwithstanding any existing ordinances or regulations to the contrary, effective May 1, 2011, no person shall bring onto or allow onto the Van Buren Field of Dreams, any dog, with the exception of service dogs for the vision impaired or other qualifying disability at any time. Violations of this provision will be subject to fines of no more than Two Hundred Fifty Dollars ($250.00). Each occurrence constitutes a separate violation of this ordinance. (Ord. No. 2011-5, Sec. 1.) CHAPTER 6.08 OTHER ANIMALS AND FOWL Sections: 6.08.01 Horses and cows 6.08.02 Hogs, goats and sheep 6.08.03 Diseased animals 6.08.04 Releasing animals 6.08.05 Fowl 6.08.06 Cruelty to animals 6.08.07 Wild and exotic animals 6.08.01 Horses and cows A. It shall be unlawful for any person to keep, maintain within the corporate limits of the city, any cows and/or horses without a conditional use permit, and as otherwise provided in this chapter. The violation of this section is hereby declared to be a misdemeanor. It shall be the duty of the proper law enforcement official to enforce the provisions hereof. (Ord. No. 2018-31, Sec. 1.) B The Van Buren Planning Commission shall reference the Natural Resource Conservation Service as a guide when determine the appropriate size of land required for the animals to be kept. (Ord. No. 2018-31, Sec. 1.) C The keeping of horses and cows in enclosures as herein provided within the limits of the city shall be under the supervision and control of the proper law enforcement official. Should any of the enclosures become harbors for breeding 88 5-33 flies, mosquitoes and rats,or should they become unsanitary, obnoxious, unhealthful and/or discomforting to any of the citizens of the city because of conditions created by keeping of said animals, the proper law enforcement official, upon investigating and finding any such conditions to exist, shall serve written notice on the owners or keepers of the premises as to the conditions thereof by delivering a copy of the notice to the owner or keeper, or by posting same in a conspicuous place on the premises, and if within five (5) days after service of notice said owner or keeper has not corrected the conditions the city attorney is authorized to institute an action in a court of competent jurisdiction to abate same as a nuisance. 6.08.02 Hogs, goats and sheep. A. It shall be unlawful for any person to keep any hogs, goats or sheep within the city without a conditional use permit, in an established stockyard and as provided in Section B, and as otherwise provided in this chapter. (Ord. No. 2018-31, Sec. 2.) B. 1. The Van Buren Planning Commission shall reference the Natural Resource Conservation Service as a guide when determining the appropriate size of land required for the animals to be kept. 2. The keeping of sheep and goat in enclosures as herein provided within the Emits of the city shall be under the supervision and control of the proper law enforcement official. Should any of the enclosures become harbors for breeding flies, mosquitoes, and rats, or should they become unsanitary, obnoxious, unhealthful and/or discomforting to any of the citizens of the city because of conditions created by keeping of said animals, the proper 89 S-33 law enforcement official, upon investigating and finding any such conditions to exist, shall serve written notice on the owners or keepers of the premises as to the conditions thereof by delivering a copy of the notice 3. to the owner or keeper, or by posting same in a conspicuous place on the premises, and if within five (5) days after service of notice said owner or keeper has not corrected the conditions, the permit shall be immediately revoked. Said owner or keeper shall not apply for another permit for a period of one (1) year after said revocation. (Ord. No. 2000-16, Sec. 1.) (Former Secs. 2 and 5 repealed by Ord. No. 2018-31, Sec. 2.) 6.08.03 Diseased animals. No person shall be allowed to transport into this city any animal affected with a contagious disease. 6.08.04 Releasing animals It shall be unlawful for any person to knowingly release any animal in any public place within the corporate limits of the city. 6.08.05 Fowl. It shall be unlawful for any person owning or having control of any chickens, turkeys, or other fowl to allow the same to run at large within the city. 6.08.06 Cruelty to animals. If any person shall drive, overload, torture,torment, deprive of necessary sustenance or cruelly beat or needlessly mutilate or kill any animal, he shall be guilty of a misdemeanor. 6.08.07 Wild and exotic animals A. No person shall keep or permit to be kept on his premises any wild, exotic or dangerous animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses, veterinary clinic or hospital, or facility for education or scientific purposes, however, such parks, exhibitions and facilities shall use protective devises adequate to prevent such animals from escaping or injuring the public. B. No person shall keep or permit to be kept any wild, exotic or dangerous animal as a pet. 90 S-16 A. Wild, exotic or an dangerous animal means animal which is not commonly g Y domesticated, or which is not native to North America, or which,irrespective of geographical origin,is of a wild or predatory nature, or any other animal which because of its size, growth,propensity,vicious nature or other.characteristics, would constitute an unreasonable danger to human life,health or property if not kept,maintained or confined in a safe and secure manner,including those animals which, as a result of their nature or wild condition, cannot be vaccinated effectively for rabies. B. Wild, exotic or dangerous animals shall include,but not be limited to, alligators and crocodiles,monkeys and other non-human primates,raccoons, skunks, porcupines,wolf, fox, coyote,bears,venomous snakes and lizards,venomous fish and piranha,weasels,wolverines,ferrets,badgers, cheetahs, cougars,leopards, lions, lynx,panthers,mountain lions,tigers,wild cats,bob cats,birds.of prey, and fighting cocks and fighting game birds. (Ord.No. 23-94, Sec. 1.) -91- � 5-34 Pages 92 through 93 have been intentionally left blank.