Statute in Full:
Mobile, Alabama
Muscle Shoals, Alabama
Code of Ordinances City of Mobile, Alabama
CODE OF ORDINANCES City of MOBILE, ALABAMA Codified through Ord. No. 34-055, adopted Dec. 7, 2004. (Supplement No. 27)
Sec. 7-1. City declared bird sanctuary; abatement of birds under certain circumstances; capturing or killing birds, squirrels, etc. prohibited.
Sec. 7-2. Definitions.
Sec. 7-3. Humane officer.
Sec. 7-4. Office of director created.
Sec. 7-5. Application to police jurisdiction.
Sec. 7-6. Citations.
Sec. 7-7. Disposition of fees.
Sec. 7-8. Minimum penalties.
Sec. 7-9. Protection of lawns, yards, gardens, etc.
Sec. 7-10. Driving animals into city for purpose of impounding, abandoning animals.
Sec. 7-11. Animals having glanders or other dangerous disease.
Sec. 7-12. Keeping wild, dangerous or poisonous animals.
Sec. 7-13. Noisy animals.
Sec. 7-14. Keeping animals emitting offensive odors prohibited.
Sec. 7-15. Sanitation of premises where animals kept.
Sec. 7-16. Cruelty to animals.
Sec. 7-17. Humane traps.
Sec. 7-18. Crates for domestic animals.
Sec. 7-19. Birds, turtles, reptiles, etc., kept in captivity.
Sec. 7-20. Dead animals.
Sec. 7-21. Pets and other animals at Mardi Gras parades and activities prohibited.
ARTICLE III. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 7-41. Rabies vaccination required.
Sec. 7-42. Requirements for vaccines and methods of vaccination.
Sec. 7-43. Tag issued at time of inoculation.
Sec. 7-44. Lost tag; duplicate certificates, licenses.
Sec. 7-45. Period vaccination good for.
Sec. 7-46. Confinement of dogs or cats in heat.
Sec. 7-47. Stray dogs or cats.
Sec. 7-48. Dogs or cats unlawfully at large to be confined; holding period.
Sec. 7-49. Confinement and care charges.
Sec. 7-50. Redemption of confined strays or nuisances.
Sec. 7-51. When disposal may take place.
Sec. 7-52. Manner of disposal.
Secs. 7-53--7-60. Reserved.
Sec. 7-61. License required for dogs over three months.
Sec. 7-62. Tag required; fees; rabies inoculation prerequisite to issuance.
Sec. 7-63. Serially numbered tag to be attached to collar; duplicate; tag issued for different dog.
Sec. 7-64. Attaching tag to collar or harness; failure to do so.
Sec. 7-65. Duty to restrain dogs.
Sec. 7-66. Duty of owner to remove deposited feces.
Sec. 7-67. Owner's duty to remove scattered garbage.
Sec. 7-68. Guide dog accompanying disabled person.
Secs. 7-69--7-80. Reserved.
ARTICLE I. IN GENERAL
Sec. 7-1. City declared bird sanctuary; abatement of birds under certain circumstances; capturing or killing birds, squirrels, etc. prohibited.
(a) It shall be unlawful for any person to pursue, injure, capture, kill or destroy any squirrel or songbird of any kind, at any time, within the corporate limits of the city. However squirrels may be captured in a humane trap, furnished by the owner or person in charge of the premises, on the premises of the owner or person in charge thereof and delivered to the Mobile Animal Shelter. This section shall not be construed so as to apply to the director, the animal control officers or to any law enforcement officer when a nuisance exists or when there is a hazard to health or safety which in the judgment of the officer cannot be otherwise remedied.
(b) The entire area embraced within the corporate limits of the city shall be and the same is hereby designated as a bird sanctuary.
(Ord. No. 07-039, 6-19-84)
Sec. 7-2. Definitions.
For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section unless taken specific exception to elsewhere in this chapter.
Animal control officers shall mean the director, assistant director and all enforcement officers assigned to the Mobile Animal Shelter.
At large. Any animal shall be "at large" when it is off the property of its owner or person in charge and not carried by the person, kept in an effective enclosure or controlled by such person by means of a leash in such a way as to prevent its free movement and so as to prevent the animal from freely charging or attacking a person or animal. However, a dog which is not vicious or presumed to be vicious and which is obedient either by training or temperament shall not be considered "at large" while upon a public street or other public place and in the immediate presence and under voice control of its owner or a competent handler. A dog which is more than fifteen (15) feet from the actual location of its handler shall not be considered in the immediate presence of and under voice control of the handler.
Bitten shall mean seized with teeth or jaws, such that the skin of the person or thing seized has been nipped or gripped or has been wounded or pierced and there has been probable contact of saliva with the break or abrasion of the skin as determined by a licensed physician.
Caged shall mean in a container, which may include a vehicle, in such a way that the free movement of an animal is restrained and so as to prevent the animal so caged from biting or attacking a person or animal.
Corral shall mean any uncovered, enclosed parcel of land where animals are kept.
Dog shall mean and include all members of the domestic canine family.
Dog presumed to be vicious shall mean any dog which is known by the owner or person in charge habitually to chase moving vehicles or to charge persons on the public streets and other public ways, whether or not such dog has actually bitten or attacked a person or other animal.
Keep shall include "confine," "harbor," and "allow to remain."
Mobile Animal Shelter shall mean the place designated or used as such by the city for a place of confinement for animals held under the authority of this chapter.
Owner or person in charge shall mean the actual owner of the animal or any person in whose charge the animal is being kept, and all the responsible adult members of the household where an animal is regularly kept or allowed or suffered to remain.
Person shall mean any individual, partnership, company, corporation or other legal entity.
Restraint shall mean any animal is considered to be under restraint if it is confined within the property limits of its owner or person in charge by a suitable fence or securely restrained within the premises by a leash affixed to a securely fixed object.
Revenue department shall mean the city revenue department which is in charge of issuing and collecting the licenses and license tags and preparing the necessary materials thereof.
Stray animal shall mean any animal running at large, the owner or person in charge of which is unknown.
Vicious animal shall mean any animal which is known to have bitten or attacked a person or other animal without adequate provocation or cause; or, additionally, in the case of a dog, one which has been trained as a guard dog or otherwise, to attack persons or domestic animals.
(Ord. No. 07-039, § 6-19-84)
Sec. 7-3. Humane officer.
The humane officer of the city shall be the director of the Mobile Anumal Shelter.
(Code 1965, § 2-3; Ord. No. 07-028, § I, 3-24-92)
Sec. 7-4. Office of director created.
(a) There is hereby created within the city the position of director of the Mobile Animal Shelter. The director shall be appointed by the mayor in the same manner as department heads of the city are required to be appointed and approved. The director shall be the supervisor over the Mobile Animal Shelter and over the employees assigned to the Mobile Animal Shelter. All enforcement officers assigned to the Mobile Animal Shelter shall hereafter be known as animal control officers.
(b) The director and each and every animal control officer shall have full police powers, provided each shall have completed the required training as required by state law. Any provisions of this chapter referring to the director shall also mean and include any authorized employee acting in his stead and under his supervision.
(c) It shall be unlawful for any person knowingly and willfully to oppose or resist the director, any assistant director or animal control officer in executing or attempting to execute any lawful process or in attempting to make or in making any lawful arrest or in the discharge of any regular duty or in any way to interfere with, hinder or prevent any such officer from discharging his duty.
(Ord. No. 07-039, 6-19-84)
Sec. 7-5. Application to police jurisdiction.
Due to the large and sparsely populated area within the police jurisdiction of, but without the corporate limits of the city, only certain sections of this chapter apply within the police jurisdiction. Neither the director nor any animal control officer is required regularly to patrol or to answer calls or complaints within the police jurisdiction; however, any person may initiate a prosecution for the violation of those sections which by their terms apply within the police jurisdiction by appearing before a duly authorized magistrate of the city and making an appropriate application under oath.
(Ord. No. 07-039, 6-19-84)
Sec. 7-6. Citations.
When any animal is found by the director or by an animal control officer to be in violation of any provision of this chapter, and the person or persons responsible become known to the director or to an animal control officer, he may issue a citation to the owner or person in charge for the violation directing him to appear in the municipal court of the city at a time and a date stated therein to answer to charges of violations of this chapter, which charges shall be stated in the citation. It shall be unlawful and a misdemeanor for any person to fail to appear in municipal court at the time and place stated in a citation issued by the director or an animal control officer.
(Ord. No. 07-039, 6-19-84)
Sec. 7-7. Disposition of fees.
All moneys collected, as provided for in this chapter, shall be turned over and delivered forthwith to the city finance department.
(Ord. No. 07-039, 6-19-84)
Sec. 7-8. Minimum penalties.
Any person violating any provision of this chapter shall be punished as provided in the general penalty provision of the Code; provided, however, that where any person is found guilty of violating any provision of this chapter for which a fine is provided and imposed, in addition to such other punishment as may be provided by the court, the minimum fines shall apply as prescribed in section 1-32.
(Ord. No. 07-039, 6-19-84; Ord. No. 07-067, § 3, 8-28-84)
Sec. 7-9. Protection of lawns, yards, gardens, etc.
It shall be unlawful for any person to suffer any chicken or other domestic fowl or any horse, cow, dog or other domestic animal in his control or possession to go, stray or wander upon the lawn, yard, garden or premises of any other person in the city.
(Code 1965, § 7-12)
Sec. 7-10. Driving animals into city for purpose of impounding, abandoning animals.
(a) It shall be unlawful for any person, except as provided in subsection (b), to drive, transfer, carry or attempt to drive or otherwise bring any animal into the city for the purpose of abandoning or having the same impounded.
(b) The animal shelter may accept healthy dogs and cats which are brought in from outside the city or its police jurisdiction for immediate adoption or disposal upon the owner or person in charge of the animal signing the city's "release agreement" and payment of the following fees: ten dollars ($10.00) per animal, thirty dollars ($30.00) per litter, and forty dollars ($40.00) per adult mother and litter.
(c) Any individual who brings from outside the city or its police jurisdiction any sick dog(s) or cat(s) to the city animal shelter to be euthanized, shall be assessed a fee of twenty dollars ($20.00) per animal for disposal.
(d) The city shall allocate two dollars ($2.00) of all fees received pursuant to this section to the municipal Dorothy Trabbits Spaying and Neutering Program.
(Ord. No. 07-039, 6-19-84; Ord. No. 07-071, § 1, 10-25-94; Ord. No. 07-055, § 1, 10-1-02)
Sec. 7-11. Animals having glanders or other dangerous disease.
Upon the complaint of the health officer that a horse has glanders and is dangerous to the health of man or beast or that any animal is diseased and thus dangerous or for any other reason is a nuisance and is dangerous to health and safety of man or beast in the city or its police jurisdiction, the judge of the municipal court shall take the evidence of two (2) disinterested and reputable citizens and may thereupon, if satisfied that such complaint is well founded, in his discretion, issue a warrant directed to any police officer, requiring him to enter upon the premises where such animal or object is and under the direction of the health officer remove it, alive or dead, to a place of safety. Such warrant shall also authorize the officer if so directed by the health officer for prudential reasons, to kill an infected animal before removal.
(Code 1965, § 7-21)
Sec. 7-12. Keeping wild, dangerous or poisonous animals.
(a) It shall be unlawful for any owner or person in charge to keep any wild, dangerous or poisonous animal on his premises in such a manner as to endanger the life or health of any person. Any wild, dangerous or poisonous animal shall be securely and humanely confined or bound in such a manner as to prevent such animal from biting or attacking a person or another animal.
(b) It shall be unlawful for any owner or person in charge to suffer, allow or permit any animal which is vicious or presumed to be vicious to be off the premises of the owner or person in charge, unless the animal is caged or leashed and muzzled and under effective control or restraint such as will prevent it from attacking or injuring a person or another animal.
(c) It shall be unlawful for the owner or person in charge to keep or to permit to be kept on any residential premises any wild or vicious animal for display or for exhibition purposes either gratuitously or for a fee.
(d) This section shall apply both within the corporate limits of the city and within the police jurisdiction thereof.
(Ord. No. 07-039, 6-19-84)
Sec. 7-13. Noisy animals.
(a) It shall be unlawful and a nuisance for any person to keep on a residential lot or premises within the corporate limits of the city any animal or group of animals, known to the person, habitually, continuously or intermittently to make or emit sounds or noises of such volume and nature as unreasonably to interfere with or disturb the peace, quiet, comfort and repose of persons of ordinary sensibilities within the neighborhood in the reasonable use and enjoyment of adjacent property.
(b) It shall be unlawful and a nuisance for any person to keep on any tract, lot or premises within the city any animal or group of animals, whether the same is housed in a corral, kennel, building or other structure(s) under such circumstances that the sounds or noises emitted by the animals are of such volume and nature as unreasonably to interfere with or disturb the peace, quiet, comfort and repose of persons of ordinary sensibilities in the reasonable use and enjoyment of any adjacent property used for residential purposes.
(c) Any owner or person in charge violating this section shall be guilty of maintaining a nuisance. However, no prosecution shall be commenced and no arrest made pursuant to this section, except upon affidavit made before, and warrant issued by a municipal judge or magistrate of the city.
(Ord. No. 07-039, 6-19-84)
Cross references: Noise generally, § 39-96.
Sec. 7-14. Keeping animals emitting offensive odors prohibited.
It shall be unlawful and an offense against the city for any person to keep any animal, in any part of the city, in such manner as to cause the emission of offensive odors from the premises on which such animal is kept, thereby interfering with the comfort of persons residing in the vicinity.
(Code 1965, § 7-23)
Sec. 7-15. Sanitation of premises where animals kept.
It shall be unlawful for any owner or person in charge to keep or maintain a pen, stable or enclosure wherein animals are kept in such an unsanitary condition that the lives, health of the public generally, of the owner or person in charge or his family, or of the animals contained, shall be endangered. The presence in or about such pen, stable or enclosure of the live larvae of flies under conditions which permit or favor growth or development of flies shall be prima facie evidence of keeping or maintaining such pen, stable or enclosure wherein animals are kept in violation of this section. All pens, stables or enclosures where animals are kept shall comply with all the regulations of the county health department pertaining to same and shall be cleaned each day and the residue disposed of in a sanitary manner.
(Ord. No. 07-039, 6-19-84)
Cross references: Garbage, litter and lot maintenance, Ch. 25.
Sec. 7-16. Cruelty to animals.
Any person who (a) overrides, overdrives, overloads, drives when overloaded, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills, or causes or procures to be overriden, overdriven, overloaded, driven when overloaded, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated, abandoned or cruelly killed any animal; and (b) any person who having the charge or custody of such animal, either as owner or otherwise, inflicts unnecessary cruelty upon same or fails to provide the same with proper food, drink or protection from the weather or abandons or cruelly drives or rides or allows to be ridden or overdriven when unfit for labor; and (c) any person who having the charge or custody of any animal known to him to require medical treatment or care in order to prevent unjustifiable physical pain, suffering or death, who have such knowledge fails to provide proper treatment and care, or in the alternative to cause the animal to be humanely disposed of; and (d) any person who unlawfully or maliciously kills, disables, disfigures or injures any animal, without good excuse, shall be guilty of a misdemeanor; but this section shall not be construed as prohibiting the dehorning of cattle. This section shall apply within the corporate limits of the city and the police jurisdiction thereof.
(Ord. No. 07-039, 6-19-84)
Sec. 7-17. Humane traps.
(a) The director or any animal control officer is hereby authorized, in order to apprehend animals in violation of this chapter, which are otherwise difficult to apprehend, to use traps designed humanely to capture the animals by placing the same upon any public property of the city, upon the right-of-way of any public street or highway, or upon the private property of any person granting permission therefor.
(b) It shall be the duty of the director or an animal control officer to check such traps daily and remove captured animals therefrom to the Mobile Animal Shelter where they shall be disposed of as otherwise provided herein.
(c) It shall be unlawful for any person to molest or tamper with any such trap or to remove any animal captured in any such trap or to interfere with the director or an animal control officer in setting or servicing any such trap.
(d) Any owner or person in charge of any premises within the corporate limits of the city may set their own humane trap on such premises for the purpose of removing any animal, except songbirds, which have entered on the premises.
(e) It shall be the duty of the owner or person in charge to check such trap daily and deliver any animal captured therein to the Mobile Animal Shelter or to the animal's owner.
(f) Any owner or person in charge of any dog captured in a humane trap which is off the premises of the owner or person in charge thereof shall be prima facie presumed to have allowed, suffered or permitted such animal to be or to run at large. At any time a dog is captured by use of such trap, and the owner or person in charge is known or becomes known to the director or an animal control officer, such owner or person in charge shall be given a citation to appear in the municipal court as provided in section 7-6.
(Ord. No. 07-039, 6-19-84)
Cross references: Steel-jawed animal traps, § 39-79.
Sec. 7-18. Crates for domestic animals.
No person shall bring into the city or its police jurisdiction any domestic animal whatsoever, for any purpose whatsoever, unless in crates of sufficient dimensions to allow the animal to stand in a natural position, except in cases when the animal is allowed to use its own organs of locomotion.
(Code 1965, § 7-13)
Sec. 7-19. Birds, turtles, reptiles, etc., kept in captivity.
(a) Failing or refusing to provide clean and adequate water and food and clean and sanitary cage, etc. It shall be unlawful for any person having in captivity any bird, turtle, reptile or other animal of any other class or kind for purposes of display, sale, amusement or any other purpose to fail or refuse to provide such bird, turtle, reptile or other animal with clean and adequate water and food or to fail to keep the cage or other place or area of confinement in a clean and sanitary condition. Each occasion, whether part or all of a day, of failure or refusal to furnish clean and adequate water or clean and adequate food or a clean cage or area of confinement shall constitute a separate offense.
(b) Goading, molesting, torturing, etc. It shall be unlawful for any person having in captivity any bird, turtle, reptile or other animal of any other class or kind to cause or to allow the same to be goaded, molested, annoyed, tormented or tortured while under his custody or control. Each separate act of goading, molesting, annoying, tormenting or torturing shall constitute a separate offense.
(c) Adequate space, perches, etc., required. It shall be unlawful to keep birds, turtles, reptiles or animals of any other class or kind in cages or other places or areas of confinement unless adequate space, perches, spaces for lying down or resting are provided in proportion to the size of the animals and to their number.
(d) Bird cage, etc., to be designed to prevent droppings from contaminating water and food. It shall be unlawful for any person having in captivity any bird for sale or for display to keep the same in a cage or place of confinement which is not properly designed so as to prevent the droppings from such bird from contaminating such bird's water and food supply.
(e) Enforcement; report of violations. The primary responsibility for enforcement of this section shall be that of the county humane officer, and all complaints concerning a violation of such sections shall be first referred to the county humane officer.
(Code 1965, §§ 7-24.1--7-24.5)
Sec. 7-20. Dead animals.
(a) Deposit on streets. It shall be unlawful for any person to cast, throw, drop or otherwise deposit any dead animal in or upon any street, sidewalk, park or other public place in the corporate limits of the city or the police jurisdiction thereof.
(b) Disposal of dead animals. All owners or persons in charge of animals which die or are killed in their possession or custody, other than such as are slaughtered for food within twenty-four (24) hours, shall notify the appropriate city official, as set forth in subsection (c), of such dead animal and request its removal as provided in subsection (d), or shall cause the remains of such animals to be buried at least two (2) feet below the surface of the ground in accordance with this chapter. Animals dying from any communicable disease whatever shall be reported to the city in accordance with subsection (c). No such animal shall be buried sufficiently near a residence or residences or in such a manner as to create a nuisance. In no case shall a dead horse, bull, mule, cow or other large animal be buried within three hundred (300) feet of a residence. This section shall apply both within the corporate limits of the city and within the police jurisdiction thereof.
(c) Appropriate city official for notification.
(1) A small dead animal, such as a dog weighing less than seventy-five (75) pounds, cat, fox, skunk, etc., shall be reported to the public works department of the city.
(2) A large dead animal, such as a horse, mule, cow, hog, dog weighing in excess of seventy-five (75) pounds, etc., also shall be reported to the public works department of the city.
(3) Animals dying from any communicable disease shall be reported to the county health department in addition to reporting such dead animal to the appropriate official for removal.
(d) Removal by city of dead animals. Whenever a request is made to the public works department of the city for removal of a small or large dead animal, it shall thereupon be the duty of the official receiving the request to demand of such person his name and address, including street and house number, and a description of the dead animal. Immediately upon receipt of the information demanded, the official receiving the request shall cause the remains of such dead animal to be removed and buried at least two (2) feet below the surface of the ground or to be burned; if the death is due to a communicable disease, the remains shall be burned. However, the department of public works official may require that the requesting party place any such small dead animal in a securely fastened plastic bag or similar container and make the same accessible at the curbside or right-of-way within the neutral ground.
(e) Fees for removal by city. For removal of any large dead animal such as a horse, mule, cow, hog, dog weighing in excess of seventy-five (75) pounds, etc., the owner or person in charge of such animal requesting its removal by the city shall be charged a fee of fifty dollars ($50.00). It shall be unlawful for any person liable for the expenses of such removal to fail to pay such fees.
(f) Unlawful to remove dead animal except as provided. It shall be unlawful for any person to remove any dead animal from any public street, sidewalk, park or public place or from any private premises in the city or the police jurisdiction thereof, except in the manner provided by this section.
(Ord. No. 07-039, 6-19-84)
Cross references: Garbage, litter and lot maintenance, Ch. 25.
Sec. 7-21. Pets and other animals at Mardi Gras parades and activities prohibited.
(a) Definitions.
(1) Whenever used in this section, unless a different meaning clearly appears from the context, "pet" shall mean any animal, fowl, reptile, or any other such usual, unusual or exotic pet kept or owned by any person or persons attending or participating in the Mardi Gras celebration and related activities on the streets of the city and along designated parade routes.
(2) For purposes of this section, the period observed as Mardi Gras, upon adoption of this section, shall be that period beginning February 1, 1996 and extending to February 23, 1996, and each succeeding year thereafter shall run from 12:01 a.m. on the twentieth day prior to Ash Wednesday to 6:00 a.m. on the Friday following Ash Wednesday.
(b) Unlawful to have pets on city streets along parade routes during the Mardi Gras period. During the period of time specified herein, observed as the Mardi Gras period, it shall be unlawful and an offense against the city for any person or persons who own or keep a pet of any kind or nature whatsoever to bring or allow any such pet to be brought onto the streets of the city where such Mardi Gras parades and/or other activities are normally conducted, whether uncontained, contained on a leash or otherwise contained.
(c) Exemptions. This section shall not apply to horses and/or mules or other such animals ridden, used to pull floats, or otherwise determined to be a part of any Mardi Gras parade or related activity being conducted on the streets of the city.
(d) Penalties. Any person or persons having a pet on the streets of the city during the Mardi Gras period, along designated parade routes, whether on leash or otherwise contained, or uncontained, shall be guilty of violating the provisions of this section, shall be punished as provided in section 1-4 of this Code, and shall be further subject to the following:
(1) Such pet shall be immediately removed and impounded, and a fifteen dollar ($15.00) fee shall be charged for retention and care of such pet.
(2) A municipal offense ticket shall be issued to the person, or persons, found to be in violation of the provisions of this section, with a fine of fifteen dollars ($15.00), plus court costs in the amount of ninety-nine dollars ($99.00).
(3) Any person receiving a second municipal offense ticket for a violation of a municipal law or laws, and anyone failing to appear in municipal court, or otherwise settle the matter prior to the date stated on the municipal offense ticket, pursuant to the provisions of this section, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the Metro Jail or community service for a period not exceeding six (6) months, or by both such fine and imprisonment and/or community service at the discretion of the judge, unless otherwise prohibited by state law.
(Ord. No. 07-006, § 1--4, 2-13-96)
Secs. 7-22--7-30. Reserved.
CODE OF ORDINANCES City of MOBILE, ALABAMA Codified through Ord. No. 34-055, adopted Dec. 7, 2004. (Supplement No. 27)
Chapter 7 ANIMALS AND FOWL*
ARTICLE III. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 7-41. Rabies vaccination required.
(a) It shall be unlawful for any owner or person in charge of any premises where dogs or cats are kept to keep any dog or cat more than three (3) months of age, thereon, which has not been vaccinated against rabies within the preceding twelve (12) months.
(b) Any owner or person in charge in violation thereof shall be subject to a penalty not to exceed an amount equal to twice the state approved charge for inoculation, to be imposed by the county rabies officer or his authorized representative, in addition to the fee prescribed for the inoculation.
(Ord. No. 07-039, 6-19-84)
Sec. 7-42. Requirements for vaccines and methods of vaccination.
In order to be sufficient under this article, vaccination of dogs and cats shall be accomplished by the county rabies officer, his authorized representative or any duly licensed veterinarian by injecting an amount of anti-rabies vaccine recommended by the manufacturer thereof, such manufacturer having been licensed to manufacture such vaccine by the United States Department of Agriculture. Such vaccine and the amount to be used shall have been approved by the state health department.
(Ord. No. 07-039, 6-19-84)
Sec. 7-43. Tag issued at time of inoculation.
Coincident with the vaccination or inoculation of dogs and cats, the county rabies officer, his authorized representative or the duly licensed veterinarian administering the anti-rabies vaccine shall furnish a serially numbered tag bearing the year such vaccine was administered, together with a certificate of inoculation bearing the same serial number and year as the tag bears.
(Ord. No. 07-039, 6-19-84)
Sec. 7-44. Lost tag; duplicate certificates, licenses.
In case the tag provided for in section 7-43 is lost, a new tag may be issued by the county rabies officer, his authorized representative or the duly licensed veterinarian who issued the original tag provided the original vaccination certificate is furnished as evidence of original vaccination. In such instance, a new certificate marked "duplicate" may be issued, setting forth the number of the new tag.
(Ord. No. 07-039, 6-19-84)
Sec. 7-45. Period vaccination good for.
The vaccination of dogs and cats against rabies shall be good for a period of one (1) year.
(Ord. No. 07-039, 6-19-84)
Sec. 7-46. Confinement of dogs or cats in heat.
(a) Every female dog or cat in heat shall be kept confined by the owner or person in charge.
(b) It shall be unlawful for the owner or person in charge of any such cat or dog to fail to comply fully with this section. Any person in violation of this section shall be punished as provided in chapter 1, article II, City Code (1991).
(c) Dogs trained to assist disabled persons are exempt from this section.
(Ord. No. 07-039, 6-19-84; Ord. No. 01-044, § 1, 7-6-93)
Sec. 7-47. Stray dogs or cats.
Any person in the city finding any dog or cat running at large about his premises or residences or the residence of which he is in charge, whether or not the owner or person in charge of the animal is known, may deliver such animal to the director or an animal control officer as an at-large animal or stray for confinement at the animal shelter.
(Ord. No. 07-039, 6-19-84)
Sec. 7-48. Dogs or cats unlawfully at large to be confined; holding period.
(a) It shall be unlawful for any dog or cat to run at large in the city on public property, or private property where the property owner has not consented to the animal's presence.
(b) Any dog or cat found unlawfully to be at large within the city is hereby declared to be a nuisance and shall be seized and confined by the director or an animal control officer at the animal shelter and cared for in a humane manner for a period of not less than five (5) days.
(c) In addition to, or in lieu of, confining a dog or cat found unlawfully at large, when the owner or person in charge of the dog or cat is known to the director or the animal control officer, the director or animal control officer may return the dog or cat to the owner or person in charge and issue a citation for violation of this section.
(d) Immediately upon confinement of dogs or cats the director shall make reasonable effort to ascertain the identity of and notify the owner or person in charge of such dogs or cats of their confinement and of the conditions under which they may regain possession of such animal.
(e) Dogs or cats left in drop boxes at the animal shelter shall be held in a humane manner for a period of not less than five (5) days, unless a release signed by the owner of the animal allows the animal shelter to immediately offer the animal for adoption or euthanize the dog or cat.
(Ord. No. 07-039, 6-19-84; Ord. No. 07-028, § II, 3-24-92)
Sec. 7-49. Confinement and care charges.
When animals are redeemed and claimed by the owner, the city shall be entitled to receive a fine in the amount of fifty dollars ($50.00) along with the sum of six dollars ($6.00) for confining and keeping each and every dog and cat, plus the cost of any veterinary services deemed necessary to the well being and life of the animal, plus a per diem charge for upkeep of the animal.
(Ord. No. 07-039, 6-19-84; Ord. No. 41-044, 6-26-90)
Sec. 7-50. Redemption of confined strays or nuisances.
(a) The owner or person in charge entitled to possession of any dog or cat confined under the provisions of this chapter may recover possession of such dog or cat upon payment of the charges set forth in section 7-49 to the director provided such owner or person in charge entitled to recover possession of any dog or cat three (3) months of age or older shall produce a certificate or evidence satisfactory to the director that such dog or cat has within twelve (12) months prior to being confined been inoculated for rabies and also evidence, with respect to any dog, that all required license fees have been paid for the current year.
(b) If the owner or person in charge entitled to possession of any dog or cat so confined is unable to produce a certificate or satisfactory evidence of inoculation for rabies for such dog or cat, and with respect to such dog of proper licensing of the dog, within the twelve-month period prior to the confinement of the dog or cat, then, before the director shall release the dog or cat, such dog or cat shall be duly inoculated for rabies at the expense of the owner or person in charge entitled to possession of the dog or cat and with respect to such dog, shall also upon payment of the proper fee therefor be properly licensed before the release of such dog.
(c) It shall be unlawful for any person to secure any dog or cat from the Mobile Animal Shelter without authority to do so.
(d) It shall be unlawful for any employee of the Mobile Animal Shelter to redeem any dog or cat or become directly or indirectly interested in the redemption of any dog or cat not owned by such employee of the Mobile Animal Shelter prior to being taken up by the director or an animal control officer.
(Ord. No. 07-039, 6-19-84)
Sec. 7-51. When disposal may take place.
(a) After a dog or cat has been confined for the period of time provided by section 7-48 and if the owner or person in charge entitled to possession fails to make application for the release of such dog or cat as herein provided, or fails to pay the charges as herein provided, or fails to pay for the proper inoculation for rabies, or if such satisfactory evidence as required by section 7-50 was not provided, then such dog or cat is hereby declared a nuisance and a danger to the health, safety and welfare of the city; and the director or authorized animal control officer shall cause such dog or cat to be humanely destroyed as herein provided; however, any dog or cat under two (2) weeks old or whose eyes have not opened since birth may be humanely disposed of immediately upon being impounded where it has been found in violation of this chapter.
(b) The director, or any animal control officer authorized by the director to carry a sidearm, assisting in impounding any dog or cat shall have the authority to shoot and kill such dog or cat, if in attempting to capture the same or in otherwise keeping the same, it shall become an immediate hazard to the safety of the person or to the safety of persons or animals in the immediate vicinity.
(c) Any confined dog or cat that is injured or diseased will, as an act of mercy, be humanely destroyed immediately after inspection by a veterinarian, or by the director or his representative, if it is agreed that such destruction is necessary to prevent unnecessary suffering, to prevent the spread of disease or because the animal is incurable. A written agreement to this effect shall be signed by those inspecting the animal and such agreement shall be retained by the director for a period of one (1) year.
(Ord. No. 07-039, 6-19-84)
Sec. 7-52. Manner of disposal.
The director when required to dispose of dogs or cats under the provisions of section 7-51 shall do so by such process as is recognized by veterinary science as being a humane manner in which to destroy dogs and cats.
(Ord. No. 07-039, 6-19-84)
Secs. 7-53--7-60. Reserved.
DIVISION 2. DOGS
Sec. 7-61. License required for dogs over three months.
(a) The owner or person in charge of every dog in the city more than three (3) months of age shall annually register the same as to sex, breed, description and name of the dog, if any, and name and address of the owner or person in charge.
(b) At the time of such registration, such owner or person in charge shall obtain a license for such dog and shall pay a license tax or fee as follows:
(1) All owners under 65 years of age:
Unspayed or unneutered dog: $15.00
Spayed or neutered male or female dog: $3.00
(2) Senior citizens 65 or older:
Unspayed or unneutered male or female dog: $3.00
Spayed or neutered male or female dog: $1.50
(c) At the time of such registration, such owner or person in charge shall obtain a license for such dog issued by the revenue department or its agent or the director and shall be issued a metal tag or decal suitable for affixing to the rabies tag required by state law as evidence of such license effective for the period from January 1 through December 31 of each year. The shape and number, or the color, of the metal tag or decal shall be changed each year from that of the preceding year. No license tag shall be issued for any dog until it has been inoculated against rabies in accordance with the law of the state. The provisions of this section shall not apply to dogs whose owners are nonresidents, temporarily within the city for a period not exceeding thirty (30) days.
(d) However, where a license issued for a dog too young to be subjected to alteration because it is less than six (6) months old at the time the license is issued, and the dog is altered subsequent to the beginning of the next license year, upon proof of alteration the revenue department or the director may issue a license free for one (1) license year period only. Provided further that any license purchased for any dog subsequent to the first day of February shall be assessed an additional late penalty or charge of ten dollars $10.00). This late charge provision shall not apply to the purchase of a license within thirty (30) days after the licensed dog has attained the age of three (3) months.
(e) The owner or person in charge shall, at all times, except when the dog is under restraint on his own premises, keep the tag affixed to the dog. It shall be unlawful for any owner of person in charge to fail to comply fully with all requirements of this section by failing to obtain a license or otherwise. It shall also be unlawful for any person, except the owner or person in charge, or his agent, and upon his own premises, to remove a tag from a dog tagged under the provisions of this section, to place a tag upon any dog for which the tag was not issued, to procure a tag from the city or its agent by fraud or misrepresentation, or to disfigure or alter the words or figures upon a tag.
(Ord. No. 07-039, 6-19-84; Ord. No. 07-067, § 1, 8-28-84; Ord. No. 07-064, 2-25-86; Ord. No. 07-013, § 1, 4-1-03)
Sec. 7-62. Tag required; fees; rabies inoculation prerequisite to issuance.
It shall be unlawful for any person to possess, keep, harbor or maintain in the city during the calendar year after the month of February, any dog that does not have attached to its collar a dog license tag, with appropriate decal. The animal shelter director or his agents shall prepare, or cause to be prepared, an adequate number of dog license tags and decals for issue for each calendar year. A dog license shall be issued by the revenue department or the director upon payment of a license tax as provided hereinabove; provided, however, that the person applying for a dog license shall not be entitled to the issuance of such license unless, at the time of making such application, a rabies inoculation certificate not over one (1) year old covering such dog is exhibited to the revenue department or the director.
(Ord. No. 07-039, 6-19-84; Ord. No. 07-067, § 2, 8-28-84)
Sec. 7-63. Serially numbered tag to be attached to collar; duplicate; tag issued for different dog.
When the license is issued for any dog, the animal shelter director or his agents shall, in addition, furnish to the applicant thereof a serially numbered tag or decal bearing the same number and year as the license bears. One (1) such tag or decal shall be issued for the appropriate calendar year for each dog for which application for such tag or decal is made. Such license tag or decal shall be attached to a collar or harness worn by the dog for which the license and tag are issued at all times; however, the tag or decal need not be attached during supervised obedience training or American Kennel Club dog shows. In the event the license tag or decal is lost during the year for which it was procured, the person to whom it was issued may obtain a duplicate by paying an issuance fee of two dollars ($2.00). It shall be unlawful for any person to permit or allow any dog in his charge or control to wear a dog license tag or decal issued for a different dog.
(Ord. No. 07-039, 6-19-84; Ord. No. 07-067, § 3, 8-28-84)
Sec. 7-64. Attaching tag to collar or harness; failure to do so.
The serially numbered rabies tag issued at time of inoculation and also the license tag issued pursuant to this article shall at all times be attached to a collar or harness worn by the dog for which the tag was issued. It shall be unlawful for any owner or person in charge of any dog not to keep attached to the dog the tag evidencing the anti-rabies vaccine inoculation as provided in this article; however, the tag need not be attached during supervised obedience training classes or American Kennel Club dog shows.
(Ord. No. 07-039, 6-19-84)
Sec. 7-65. Duty to restrain dogs.
It shall be the duty of every owner or person in charge of a dog to keep said animal under effective restraint, while the same is within the corporate limits of the city, whether or not the dog is upon or away from the owner's premises. It shall be unlawful for the owner or person in charge of any dog to fail to keep the animal under effective restraint. Proof that a dog was not properly restrained, whether on or off the premises of the owner or person in charge, shall be prima facie evidence of a violation. Negligent failure to provide or maintain effective restraint shall not be a defense; however, competent evidence that the failure was occasioned by an unforeseeable and independent act of a third person shall shift the burden on the city to prove otherwise. Provided, however, that no prosecution shall be commenced and no arrest made pursuant to this section except upon affidavit made before and warrant issued by a judge or magistrate of the municipal court.
(Ord. No. 07-039, 6-19-84)
Sec. 7-66. Duty of owner to remove deposited feces.
(a) It shall be the duty of the owner or person in charge of any dog which has been allowed by that person to be at large to remove and dispose of any feces deposited by the animal upon any residential lot of another occupied for human habitation, or upon any right-of-way adjacent thereto, upon demand from the owner or occupant thereof, or upon demand of the director or any animal control officer.
(b) It shall be unlawful for any person to fail or refuse to remove such feces; however, no prosecution shall be commenced and no arrest made pursuant to this section except upon affidavit made before and warrant issued by a municipal judge or magistrate.
(Ord. No. 07-039, 6-19-84)
Sec. 7-67. Owner's duty to remove scattered garbage.
It shall be the duty of the owner or person in charge of any dog which has been allowed or suffered by that person to run at large, to pick up and remove to a secure authorized container, any garbage or refuse which the animal has caused to be overturned, spilled or scattered upon any residential lot occupied for human habitation, or upon any right-of-way adjacent thereto, upon demand from the owner or occupant thereof, or upon demand of the director or any enforcement officer under the supervision of the director, and it shall be unlawful for any such person to fail or refuse to do so; provided, however, that no prosecution shall be commenced, and no arrest made pursuant to this section except upon affidavit made before and warrant issued by a duly appointed municipal judge or magistrate of the city.
(Ord. No. 07-039, 6-19-84)
Cross references: Garbage, litter and lot maintenance, Ch. 25.
Sec. 7-68. Guide dog accompanying disabled person.
No owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, amusement or recreation, including but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion picture house, public educational institution or elevator shall refuse to permit a guide dog to accompany a disabled person entering such place or making use of the accommodations available when such disabled person is being led by the guide dog; provided, that such guide dog is wearing a harness; and provided further, that such disabled person shall present for inspection credentials issued by an accredited school for training guide dogs. Any person who violates this section shall be guilty of a misdemeanor.
(Ord. No. 07-039, 6-19-84; Ord. No. 07-067, § 3, 8-28-84; Ord. No. 01-044, § 1, 7-6-93)
Secs. 7-69--7-80. Reserved.
Muscle Shoals, Alabama
Code of Ordinances of Muscle Shoals Alabama
Chapter 14 ANIMALS*
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*Editor's note: Ord. No. 1327-04, §§ I--IV, adopted May 3, 2004, amended Ch. 14 in its entirety to read as herein set out. Former Ch. 14, §§ 14-1--14-76, pertained to similar subject matter, and derived from Ord. No. 1154-95, adopted May 1, 1995 and Ord. No. 1169-96, adopted July 1, 1996.
Cross references: Officers and employees, § 2-81 et seq.; licenses to be issued by clerk-treasurer, § 2-114; environment, ch. 38; health and sanitation, ch. 50; law enforcement, ch. 58; offenses and miscellaneous provisions, ch. 70.
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Article I. In General
Sec. 14-1. Definitions.
Sec. 14-2. Animal control officer.
Sec. 14-3. Public nuisance.
Sec. 14-4. Cruelty to animals.
Sec. 14-5. Sales.
Sec. 14-6. Transporting and abandoning animals.
Sec. 14-7. Dogs and cats--restraint.
Sec. 14-8. Same--confinement of females when in heat or season.
Sec. 14-9. Keeping fowl.
Sec. 14-10. Guard dogs.
Sec. 14-11. Guide dogs.
Sec. 14-12. Use of humane traps by animal control officers.
Sec. 14-13. Penalties for violation of chapter.
Secs. 14-14--14-29. Reserved.
Article II. Permits, Licenses and Fees
Sec. 14-30. Permits.
Sec. 14-31. Impoundment fees.
Sec. 14-32. Revocation of permit for lack of compliance; right to inspect.
Sec. 14-33. Applicability of provisions to nonresidents.
Secs. 14-34--14-39. Reserved.
Article III. Rabies Control
Sec. 14-40. Impoundment.
Sec. 14-41. Redemption of impounded dogs or cats.
Sec. 14-42. Fees for redemption of impounded animals.
Sec. 14-43. Animal bites; quarantine of animal.
Sec. 14-44. Quarantine of suspected rabid animals.
Sec. 14-45. Unlawful to keep wild, dangerous or exotic animal without permit.
Sec. 14-46. Keeping of swine.
Sec. 14-47. Keeping of cattle and horses.
Sec. 14-48. Proper enclosures required.
Sec. 14-49. Failure to comply with notice relative premises.
Sec. 14-50. Enforcement powers of animal control officer.
Secs. 14-51--14-59. Reserved.
Article IV. General Provisions
Sec. 14-60. Construction.
Sec. 14-61. Severability and repeal.
Sec. 14-62. Penalities for violations.
ARTICLE I. IN GENERAL
Sec. 14-1. Definitions.
The following words, terms and phrases, when used herein, shall have the meaning ascribed to them by the definitions set forth herein, except where the context clearly indicates a different meaning.
As used in this chapter, the definitions of the following terms are:
Animal: living creature, domestic or wild.
Animal control center: The Colbert County Animal Control Incorporated.
Animal control officer: The head or any other person designated by the city as a law enforcement officer relating to matters involving animals, or the city license inspector or anyone employed under supervision of the city license inspector's office.
Animal shelter: Any premises designated by the city for the purpose of impounding and caring for animals held under authority of this chapter.
At large: Any animal when it is off the property of its owner or person in charge and not carried by said person, kept in an effective enclosure or controlled by such person by means of a leash in such a way as to prevent its free movement, and so as to prevent said animal from freely charging and attacking persons or animals is deemed to be at large. Provided, however, that a dog which is not vicious or presumed to be vicious, and which is obedient either by training or temperament, shall not be considered "at large" while upon a public street or other public place and in the immediate presence and under voice control of its owner or a competent handler. A dog which is more than 50 feet from the actual location of its handler shall not be considered in the immediate presence of and under voice control of said handler.
Bitten: Seized with teeth or jaws, such that the skin of the person or thing seized has been nipped or gripped or has been wounded or pierced and there has been probable contact of saliva with the break or abrasion of the skin as determined by a licensed physician.
Caged: Confined in a container, which may include a vehicle, in such a way that the free movement of an animal is restrained and so as to prevent the animal so caged from biting or attacking a person or animal.
Canine training center: Any place that trains dogs for guard work for the general public.
Cat: Any member of the domestic feline family.
Corral: Any uncovered, enclosed parcel of land where animals are kept.
Dog: Any member of the domestic canine family.
Dog presumed to be vicious: Any dog which is known by the owner or person in charge habitually to chase moving vehicles or to charge persons on the public streets and other public ways, whether or not such dog has actually bitten or attacked a person or other animal.
Fowl: Any fowl of the duck, goose, chicken, guinea, peacock or pigeon or species or type.
Hobby breeder: Anyone who sells, offers for sale, or lets for hire for breeding purposes two or more dogs and/or cats, the owner or proprietor of which does not possess a license to conduct wholesale or retail business for the purpose of selling animals.
Horse: Any member of the equine family.
Keep: To confine, harbor, and allow to remain.
Kennel: Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species.
Obedience school: Any place which trains dogs on obedience for home and show use where owner and dog attend together.
Owner: Any person, partnership or corporation owning, keeping or harboring animals.
Person: An individual, partnership, company or corporation.
Restraint: An animal shall be deemed to be under restraint if on the premises of its owner, confined by a fence or securely restrained within the premises by a leash affixed to a securely fixed object, or is on a leash or if its action does not cause conditions resulting in a nuisance.
Stray animal: Any animal running at large, the owner or person in charge of which is unknown.
Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals or the boarding of animals.
Vicious animal: Any animal which is known to have bitten or attacked a person or other animal without adequate provocation or cause; or, additionally, in the case of a dog, one which has been trained as a guard dog or otherwise to attack persons or domestic animals.
(Ord. No. 1327-04, art. I, § 1, 5-3-04)
Sec. 14-2. Animal control officer.
(a) There is hereby designated within the city the position of director of animal control or animal control officer. The director or officer shall be designated or appointed by the mayor subject to the approval of the city council.
(b) It shall be unlawful for any person knowingly and willfully to oppose or resist the director or animal control officer or any of his assistants in executing or attempting to execute any lawful process or in attempting to make or in making any lawful arrest or in the discharge of any regular duty, or in any way to interfere with, hinder or prevent any such officer from discharging his duty.
(Ord. No. 1327-04, art. I, § 2, 5-3-04)
Sec. 14-3. Public nuisance.
No owner shall fail to exercise the proper care and control of his animals to prevent them from becoming a public nuisance. Excessive, continuous, and untimely barking, molesting passers-by, chasing vehicles, habitually attacking other animals, trespassing upon school grounds, turning over garbage cans or otherwise scattering garbage, or trespassing on private property in such a manner as to damage property or cause unsanitary conditions shall be deemed a nuisance and unlawful.
(Ord. No. 1327-04, art. I, § 3, 5-3-04)
Sec. 14-4. Cruelty to animals.
No owner shall fail to provide animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care and when needed to prevent suffering, and humane care and treatment. No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse any animal, or cause or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans; no owner of an animal shall abandon such animals nor stake an animal in a cruel and unorthodox manner. No person shall crop a dog's ears or tails. No person except a qualified veterinarian may spay a female dog or cat. It shall be unlawful and declared a public nuisance for any owner or person to harbor a dog or dogs under such unsanitary conditions that the maintenance or keeping of same creates vile smells to the annoyance of the public in the vicinity. Failure to comply with this section shall result in revoking permits and levying fines on the owner.
(Ord. No. 1327-04, art. I, § 4, 5-3-04)
Sec. 14-5. Sales.
No person or business may sell baby rabbits as pets or novelties or sell chickens or ducklings younger than eight weeks of age in quantities of less than 25 to a single purchaser.
(Ord. No. 1327-04, art. I, § 5, 5-3-04)
Sec. 14-6. Transporting and abandoning animals.
It shall be unlawful for any person to transport any domestic animal into the city or police jurisdiction thereof to subsequently abandon or set loose said animal with the intent of avoiding the responsibility for its custody and care. It shall likewise be unlawful for any person to transport any domestic animal outside the city into the police jurisdiction thereof and subsequently abandon or set loose said animal with the intent of avoiding the responsibility for its custody and care. Violation of this section will result in a cruelty to animals fine.
(Ord. No. 1327-04, art. I, § 6, 5-3-04)
Sec. 14-7. Dogs and cats--restraint.
(a) Dogs. All dogs shall be kept under restraint or prevented from being at large.
(b) Cats. It shall be unlawful for the owner or any person having custody or control of any cat within the corporate limits or the police jurisdiction of the city to allow said cat to run at large if said cat habitually causes destruction or damage to the property of another or creates a nuisance. Provided, however, that no prosecution shall be commenced and no arrest made pursuant to this section except upon affidavit made by the aggrieved party before a judge or magistrate of the municipal court and a warrant issued by said judge or magistrate.
(Ord. No. 1327-04, art. I, § 7, 5-3-04)
Sec. 14-8. Same--confinement of females when in heat or season.
Every female dog or cat in heat or season shall be confined by the owner or harborer of such animal in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding.
(Ord. No. 1327-04, art. I, § 8, 5-3-04)
Sec. 14-9. Keeping fowl.
It shall be unlawful for any person to keep any in such a manner that shall cause a public nuisance or shall allow such fowl to be at large.
(Ord. No. 1327-04, art. I, § 9, 5-3-04)
Sec. 14-10. Guard dogs.
Any dog trained for guard dog protection must be registered with the city or Colbert County Animal Control Association as such. A "guard dog on duty" sign must be posted where the sign can easily be seen. There shall be no guard dog training center located inside the city limits.
(Ord. No. 1327-04, art. I, § 10, 5-3-04)
Sec. 14-11. Guide dogs.
No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion picture house, public educational institution or elevator shall refuse to permit a guide dog to accompany a blind or handicapped person entering such place or making use of the accommodation available when such blind or handicapped person is being led by the guide dog; provided that such guide dog is wearing a harness; and provided further that such blind or handicapped person shall present for inspection credentials issued by an accredited school for training guide dogs.
(Ord. No. 1327-04, art. I, § 11, 5-3-04)
Sec. 14-12. Use of humane traps by animal control officer.
The animal control officer is authorized, in order to apprehend animals in violation of this chapter which are otherwise difficult to apprehend, to use traps designed to capture humanely said animals by placing same upon public property of the city, upon the right-of-way of any public street or highway, or upon the private property of any person granting permission therefor. The animal control officer shall check such traps and remove captured animals therefrom to the animal control center where they shall be disposed of as otherwise provided herein.
(Ord. No. 1327-04, art. I, § 12, 5-3-04)
Sec. 14-13. Penalties for violation of chapter.
Any person violating any provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one dollar and not more than $500.00. If any violation be continuing, each day's violation shall be deemed a separate violation. If any person be found guilty by a court of violating the section prohibiting cruelty to animals, his permit to own, keep, harbor or have custody of animals shall be deemed automatically revoked and no new permit may be issued for a period of one year and upon a second conviction, no permit shall issue to such person during any time.
(Ord. No. 1327-04, art. I, § 13, 5-3-04)
Secs. 14-14--14-29. Reserved.
ARTICLE II. PERMITS, LICENSES AND FEES
Sec. 14-30. Permits.
(a) No person shall, without first obtaining a permit therefor in writing from the city license inspector or his designated agent, own, keep, harbor, or have custody of any dogs or cats over three months of age, except that this section shall not apply to the keeping of small cage-birds or aquatic and amphibian animals solely as pets.
(b) Such certificate of rabies inoculation, as required by law, by a licensed veterinarian for each dog and cat in the owner's custody shall serve as the permit for the dog or cat in lieu of any other permit or license. The rabies vaccination certificate shall be good for a period of one year.
(c) No permit shall be issued in the name of any person under 18 years of age unless a parent or guardian accepts responsibility for care of the animal.
(Ord. No. 1327-04, art. II, § 1, 5-3-04)
Sec. 14-31. Impoundment fees.
(a) All impoundment fees will be retained by the Colbert County Animal Control Association.
(b) All fees concerning females at large will be retained by the Colbert County Animal Control Association.
(c) A permit, if not revoked, shall be valid for and during the period of time and as long as the current certificate of inoculation is valid. Such certificate of rabies inoculation shall be the permit required by the city. Such certificate of inoculation, though valid pursuant to law for the proof of inoculation may be revoked for the purpose of being the permit required by the city and if so, shall no longer be accepted as the permit required hereunder by the city.
(Ord. No. 1327-04, art. II, § 2, 5-3-04)
Sec. 14-32. Revocation of permit for lack of compliance; right to inspect.
The city license inspector or his designee shall revoke any permit if the person holding the permit refuses or fails to comply with this chapter, the regulations promulgated by the city license inspector, or any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all animals being owned, kept or harbored by such person and no part of the permit fee shall be refunded. It shall be the condition of the issuance of any permit to any owner of animals kept for commercial purposes that humane officers and the city license inspector shall be permitted to inspect all animals and the premises where animals are kept at any time and the city license inspector shall, if permission for such inspections is refused, revoke the permit of the refusing owner.
(Ord. No. 1327-04, art. II, § 3, 5-3-04)
Sec. 14-33. Applicability of provisions to nonresidents.
The sections of this chapter requiring a permit shall not apply to nonresidents of the city who are keeping only domestic pets, provided that animals of such owners shall not be kept in the city longer than 30 days and that the animals are kept under restraint.
(Ord. No. 1327-04, art. II, § 4, 5-3-04)
Secs. 14-34--14-39. Reserved.
ARTICLE III. RABIES CONTROL
Sec. 14-40. Impoundment.
(a) Unrestrained dogs may be taken by police, the animal control officers and be impounded in an animal shelter, and there confined in a humane manner. Impounded dogs shall be kept for five days unless reclaimed by their owners. The maximum time animals will be kept is seven days. If by a permit tag or by other means the owner can be identified, the animal control officer shall immediately notify the owner of the animal by telephone or certified mail. Dogs not claimed by their owners within seven days from impoundment date shall be sold or humanely disposed of by the agency delegated by the city to exercise that authority. If the animal is sold, the animal shelter is entitled to the proceeds of the sale. Dogs creating a nuisance under the provisions of this ordinance will be likewise impounded, whether under restraint or not.
(b) After a dog or cat has been confined for the period of time provided by this chapter and if the owner or person in charge entitled to possession fails to make application for the release of such dog or cat, as herein provided, or fails to pay the charges as herein provided, or fails to pay for the proper inoculation for rabies, or if such satisfactory evidence as required by this chapter was not provided, then such dog or cat is hereby declared a nuisance and a danger to the health, safety and welfare of the city and the humane officer shall cause such dog or cat to be humanely destroyed as herein provided; however, any dog or cat under two weeks old or whose eyes have not opened since birth may be humanely disposed of immediately upon being impounded where it has been found in violation of this chapter.
(c) Any confined dog or cat that is injured or diseased will, as an act of mercy, be humanely destroyed immediately after inspection by a veterinarian or the animal control officer found that such destruction is necessary to prevent unnecessary suffering, to prevent the spread of disease, or because the animal is incurable. A written statement to this effect shall be signed by those inspecting the animal and such statement shall be retained by the director for a period of one year. The animal control officer, when required to dispose of dogs or cats under the provisions of this chapter shall do so by such process as is recognized by veterinary science as being a humane manner in which to destroy dogs and cats.
(Ord. No. 1327-04, art. III, § 1, 5-3-04)
Sec. 14-41. Redemption of impounded dogs or cats.
(a) The owner or person in charge entitled to possession of any dog or cat confined under the provisions of this chapter may recover possession of such dog or cat upon payment of charges set forth in this chapter. The owner must also produce a certificate of evidence satisfactory to the proper authority that such dog or cat has, within 12 months prior to being confined, been inoculated for rabies by a licensed veterinarian and also evidence that all required license fees have been paid for the current year. If the owner or person in charge entitled to possession of any dog or cat so confined is unable to produce a certificate of satisfactory evidence of inoculation for rabies by a licensed veterinarian and of proper licensing of said dog or cat within the twelve-month period prior to confinement of the dog or cat, then before the humane officer shall release the dog or cat, such dog or cat shall be duly inoculated for rabies by a licensed veterinarian at the expense of the owner or person in charge entitled to possession of said dog or cat and shall also upon payment of the proper fee therefor be properly licensed before said release.
(b) It shall be unlawful for any employee of the animal control center to redeem any dog or cat or become directly or indirectly interested in the redemption of any dog or cat not owned by such employee of the animal control center prior to being impounded by the director or animal control officer.
(Ord. No. 1327-04, art. III, § 2, 5-3-04)
Sec. 14-42. Fees for redemption of impounded animals.
An owner reclaiming an impounded animal shall pay the appropriate fine plus a fee of $10.00 plus $5.00 per day for each day that the animal has been impounded to a maximum fee of $40.00. The owner may also be charged for violation of this chapter and the owner's permit may be revoked.
(Ord. No. 1327-04, art. III, § 3, 5-3-04)
Sec. 14-43. Animal bites; quarantine of animal.
Any animal which bites a person shall be quarantined for ten days in a veterinary hospital for observation at the expense of the owner. The animal shall be securely confined and kept from contact with any other animals during the quarantine period. Sentry or guard dogs used in law enforcement work shall be exempt from the quarantine period where such bite occurs in the line of duty and evidence of proper vaccination against rabies is provided, but shall be examined by a licensed veterinarian at the end of ten days after such bite.
(Ord. No. 1327-04, art. III, § 4, 5-3-04)
Sec. 14-44. Quarantine of suspected rabid animals.
No animal control officer shall kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine and the opinion of rabies is given by a licensed veterinarian. If a veterinarian renders an opinion of rabies in an animal in quarantine, the animal shall be humanely killed and the head of such animal sent immediately to a laboratory for pathological examination and confirmation of the opinion.
(Ord. No. 1327-04, art. III, § 5, 5-3-04)
Sec. 14-45. Unlawful to keep wild, dangerous or exotic animal without permit.
It shall be unlawful for any person to keep any wild, dangerous or exotic animal or fowl within the city without a written permit issued by the city license inspector which shall specify the conditions under which the animal must be kept. No permit shall be given to any wolf or wolf hybrid animal.
(Ord. No. 1327-04, art. III, § 6, 5-3-04)
Sec. 14-46. Keeping of swine.
It shall be unlawful for any person to keep within the city any hog or other animal of the swine family, with the exception of a Vietnamese pot-bellied pig if kept as a household pet.
(Ord. No. 1327-04, art. III, § 7, 5-3-04)
Sec. 14-47. Keeping of cattle and horses.
It shall be unlawful to keep cattle within the corporate limits of the city except on established farms where said cattle have been maintained and kept prior to the passage of this ordinance. Horses shall be kept more than 100 feet from any residence, business, house, church or school other than the residence of the owner of the horses.
(Ord. No. 1327-04, art. III, § 8, 5-3-04)
Sec. 14-48. Proper enclosures required.
(a) It shall be unlawful and shall constitute a public nuisance for any person having charged, custody or control of any animal in any enclosure in the city, unless such enclosure is so constructed and maintained that any animal kept therein is securely confined and prevented from escaping therefrom. The running at large of any animal or fowl shall be prima facie evidence that the enclosure wherein the animal was kept is not constructed and maintained according to the requirements of this section and that the keeping of the animal in such enclosures is unlawful. A proper enclosure shall include a chemical, electric or fence so designed to keep an animal securely enclosed and on and within the property of the owner of the animal.
(b) For the protection of the public health, it shall be the duty of every person who keeps any animal in an enclosure within the city at all times to maintain the premises or area where such animal is confined in a sanitary condition; to prevent the hatching of any fly or insect larvae; to prevent offensive odors emanation therefrom; to permit the animal control officer or health officer to go on the premises at any reasonable time to inspect the premises; and to comply with all reasonable requirements and directions given by the animal control officer or health officer, pertaining to public health, sanitation, fly or insect larvae control and to the prevention of offensive odors.
(c) Any person, having care, custody or control of any premises where any animal is kept confined or in an enclosure, who is given a written notice or health officer pointing out any conditions which exist in violation of the provisions of this section and who fails to remedy such conditions within five days from the receipt of the notice shall be guilty of a misdemeanor.
(d) Any person who fails within five days after the receipt of the notice from the animal control officer or the health officer to correct the conditions pointed out therein shall be guilty of a misdemeanor and shall be not be allowed to further keep or maintain the domestic animal within the city.
(e) Any person keeping an animal within the city in such a manner that is unsanitary or in such a manner that allows the hatching of any fly or insect larvae or causes offensive or vile odors to emanate therefrom as a result of the keeping of said animal shall be guilty of a misdemeanor. The animal control officer shall be empowered to enforce violations of the provisions of this Ordinance by issuing citations for the violation or filing complaints in order to bring the offender before the municipal court of the City of Muscle Shoals, Alabama.
(Ord. No. 1327-04, art. III, § 9, 5-3-04)
Sec. 14-49. Failure to comply with notice relative premises.
(a) Any person having charge, custody or control of any premises where any animal or fowl is kept who is given written notice by the animal control officer or health officer, pointing out any conditions which exist in violation of the provisions of this chapter and who fails to remedy such condition within five days from the receipt of the notice shall be guilty of a misdemeanor.
(b) It shall be unlawful for any person who fails within five days after the receipt of such notice from either the animal control officer or health officer to correct the conditions pointed out therein, to further keep or maintain the animal or fowl within the city.
(Ord. No. 1327-04, art. III, § 10, 5-3-04)
Sec. 14-50. Enforcement powers of animal control officer.
(a) The animal control officer shall be empowered to issue citations for violations of the provisions of this Ordinance and is authorized to investigate the commission of misdemeanors and present himself before the city magistrate for the purposes of making affidavits, filing complaints or presenting evidence and testimony in connection with the enforcement of the provisions of this Ordinance.
(b) The municipal court of the City of Muscle Shoals shall have the jurisdiction to hear cases made under the provisions of this chapter.
(Ord. No. 1327-04, art. III, § 11, 5-3-04)
Secs. 14-51--59. Reserved.
ARTICLE IV. GENERAL PROVISIONS
Sec. 14-60. Construction.
The provisions of this chapter shall be deemed and constructed to be an exercise of the police power of the city for the preservation and protection of public safety and all of its provisions shall be liberally construed with a view to the effectuation of such purpose.
(Ord. No. 1327-04, art. IV, § 1, 5-3-04)
Sec. 14-61. Severability and repeal.
It is declared that the provisions of this chapter are severable and if any provision shall be declared unconstitutional or unenforceable by the valid judgment or order of a court of competent jurisdiction, such finding shall not affect any of the remaining provisions of this chapter. Nothing in the chapter shall act to repeal any prior enactments of the city nor effect their validity unless and except that the provisions of this chapter be in direct conflict therewith.
(Ord. No. 1327-04, art. IV, § 2, 5-3-04)
Sec. 14-62. Penalties for violations.
The penalties for violations of any unlawful act or misdemeanor shall be those penalties for violation of the Code of Muscle Shoals, Alabama as set forth in section 1-7 of the Code of Ordinances of the City of Muscle Shoals, Alabama.
(Ord. No. 1327-04, art. IV, § 3, 5-3-04)
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