AN ORDINANCE REGULATING DOGS, CATS AND OTHER ANIMALS IN THE CITY OF WABASSO
The City Council of the City of Wabasso hereby ordains:
SECTION 1. Purpose. This ordinance is adopted to regulate and control dogs and cats and other animals in the City of Wabasso.
SECTION 2. Definitions. As used in this ordinance, the following words shall be defined to mean:
- Cat. “Cat” shall be intended to mean both the male and female of the felidae species commonly accepted as domesticated household pets.
- Dog. “Dog” shall be intended to mean both the male and the female of the canine species, commonly accepted as domesticated household pets, and other animals of a dog kind.
- Owner. “Owner” shall be intended to mean any person or persons, firm, association or corporation owning, keeping or harboring an animal.
- At Large. “At Large” shall be intended to mean off the premises of the owner and not under the custody or control of the owner or other person, either by leash, cord, chain or otherwise restrained or confined.
- Kennel. “Kennel” shall be intended to mean any place, building, tract of land, abode or vehicle wherein or whereon five (5) or more dogs or cats or any combination of dogs and cats numbering more than five (5) over 3 months of age are kept.
SECTION 3. Running At Large Prohibited. It is unlawful for the owner of a dog or cat to allow such dog or cat to run at large.
SECTION 4. Dogs and Cats on Leash. The restriction imposed in Section 3 shall not prohibit the appearance of any dog or cat upon streets or public property when such dog or cat is on a leash and is kept under control of the accompanying person.
SECTION 5. License Required. All dogs and cats over 3 months of age shall be licensed and registered by the City. Pet licenses shall be issued be the City Clerk/Treasurer after payment of the fee. No pet license will be issued without proof of current rabies vaccinations.
- Term of License. Each license shall be issued for a one (1) year period to expire on April 1 of each year.
- License Fees. The annual cost of a license shall be $5.00 for all licenses obtained by April 1. If the owner is 30 days late in purchasing a license, the City will impose an additional late fee for a total of $25.00.
- Tag and Collar. The City Clerk/Treasurer shall provide each owner who applies for a license a tag to be affixed to a collar and worn at all time.
SECTION 6. Dogs or Cats Disturbing the Peace. It is unlawful for any person to keep or harbor a dog or cat which habitually barks, cries, squeals, howls or meows to the “disturbance of the public at large”. The phrase “disturbance at large” shall include, but is not limited to, the creation of noise by any dog or cat which can be heard by any persons, including a law enforcement officer, from a location at least 100 feet from the building or premises wher the dog or cat is being kept and such noise occurs repeatedly over at least a five (5) minute period of time with one (1) minute or less between each dog or cat noise during the five (5) minute period. No person shall be convicted under the provisions of this subdivision except upon the evidence of two or more persons each of a different household, or upon the evidence of one person and witness of said violation by a law enforcement officer.
SECTION 7. Limitation on Number of Dogs and/or Cats on Premises. Not more than five (5) dogs or cats or any combination of dogs and cats numbering five (5), are to maintained on any lot or in any residence except that one litter of pups or kittens in excess of the number above may be kept up to the age of three (3) months.
SECTION 8. Kennels.
- It is unlawful to operate a kennel without a license with the City of Wabasso.
- The annual fee for a kennel license shall be $500.00. Licenses shall expire on April 1 of each year.
SECTION 9. Cleaning Up Litter. It shall be unlawful for any owner of a dog or cat to permit that dog or cat to be on any property, public or private, not owned or possessed by such owner unless such owner has in his or her possession a device for the removal of excrement and depository for the transmission of excrement to a proper receptacle located on property owned or possessed by the owner of said dog or cat or to fail to immediately remove excrement left by such dog or cat to a proper receptacle located on property possessed or owned by the owner of said dog or cat. Any person violating this section shall be punishable by a fine of $10.00 or five (5) hours of public land fecal cleanup. Any person found guilty of subsequent violations of this section shall be punishable by a fine of at least $25.00 but not more than $50.00.
SECTION 10. Dangerous Animals. The owner shall confine within a building or secure enclosure any dangerous, fierce, or vicious dog or cat and not permit such animal out of confinement unless and until it is securely muzzled and in control of a competent person.
- A dangerous animal is one that has, when unprovoked, bitten attacked, or threatened the safety of a person or domestic animal.
SECTION 11. Impounding. The police or any other duly appointed person may take and impound any animal which is not being kept, confined or restrained in a manner consistent with the requirements of this regulation. The owner of an impound animal shall be responsible for impounding fees and boarding costs.
SECTION 12. Notice to Owner: Immediatley upon the impounding of an animal wearing a current license tag, the police shall make every reasonable effort to notify the owner of such impoundment, an of the conditions whereby the owner may regain custody of the animal. Verbal notice shall be immediately confirmed in writing by the police. If the owner is unknown a notice shall be posted at the City Office containing a description of the animal in an effort to identify the owner.
The written notice shall include the following information:
(a)The owner shall have the right to object to the impoundment by contacting the city clerk to request a hearing. If the owner fails to request a hearing and does not reclaim the animal, the city may elect to destroy the animal if sale or adoption is not practical.
Section 13. Reclaiming Impounded Animals. An animal may be reclaimed by the owner within 10 business days of receiving notice of impoundment upon payment of any impounding fee together with boarding costs. If the animal is unlicensed, a license must be obtained and the fee paid before release from impoundment.
Section 14. Dogs Which Cannot Be Impounded. If an animal is rabid, or otherwise diseased, vicious or dangerous and cannot be impounded after a reasonable effort or without serious risk to the impounder or others, such animal may be immediately killed.
Section 15. Rabies Shots Required. It shall be unlawful for any individual to own a dog within the city if the dog has not been currently vaccinated for rabies.
Section 16. Biting Dogs. Whenever a dog or animal has bitten a person, the owner, having been notified either orally or in writing, shall immediately quarantine said dog or animal at the owner’s home or other suitable place of confinement as directed by the responsible officer of the city for a period of 14 days after the occurrence. During the quarantine period, the animal shall be securely confined in a building or in a yard enclosed by a fence so constructed that the animal cannot escape or otherwise leave the said enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or coming in contact with persons or other animals. Upon a reasonable suspicion that the animal may be rabid, the animal shall be subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. The confinement, testing, treatment in addition to all other expenses incurred as the result of an animal biting a person shall be at the expense of the owner of the said animal.
Section 17. Penalties. Unless otherwise provided, violation of this ordinance is a misdemeanor punishable by a fine of up to $1000.00 or imprisonment for up to 90 days. Violations of Sections 3, 5, 6, and 9 are petty misdemeanors punishable by a fine up to $200.00.
This ordinance repeals all previous ordinances.
Passed and adopted by the City Council this 14th day of February, 2006.
Mary K Smith