Statute in Full:
Biloxi Mississippi
Pascagoula Mississippi
Biloxi Mississippi
Code of Ordinances City of Biloxi Mississippi
Chapter 4 ANIMALS*
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*Editor's note: Ordinance No. 1839, § 1, adopted January 15, 1998, repealed §§ 4-1-1--4-1-11, 4-2-1--4-2-11 and added new §§ 4-1-1--4-1-23. Formerly, such sections pertained to similar provisions and derived from §§ 5-1--5-8, 5-13, 5-2-1, 5-2-3, 5-2-5, 5-2-7, 5-2-9, 5-2-11, 5-2-13, 5-2-15, 5-2-17, 5-2-19, 5-2-21, 5-2-23 of the 1959 Code; Ord. No. 1611, § 1, 9-16-91; Ord. No. 1819, § 2, 1-21-97.
Cross references: Disposal of dead animals, § 9-1-11; health and sanitation, ch. 11; animals and reptiles in or near parades, § 12-4-7; parks and recreation, ch. 14; killing, trapping or molesting animals in parks, § 14-1-6; streets and sidewalks, ch. 17; zoning district regulations for agricultural district, § 23-5-1.
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Article I. In General
Sec. 4-1-1. Definitions.
Sec. 4-1-2. Control and protection of animals in general.
Sec. 4-1-3. Vaccination of domesticated animals required; issuance of certificate and metal tag.
Sec. 4-1-4. Keeping of livestock.
Sec. 4-1-5. Keeping fowl regulated.
Sec. 4-1-6. Ferocious, vicious or dangerous animals.
Sec. 4-1-7. Keeping wild animals and reptiles prohibited.
Sec. 4-1-8. Performing animal exhibits or circuses; regulations.
Sec. 4-1-9. Pet shops, aviaries, kennel; investigation of complaints.
Sec. 4-1-10. Impoundment and recovery of animals.
Sec. 4-1-11. Procedure on retention, observation and disposition of animals which have bitten persons or other animals, or those suspected of having disease.
Sec. 4-1-12. Authorization for quarantine.
Sec. 4-1-13. Animal control officers--Training and certification.
Sec. 4-1-14. Same--Police powers and enforcement responsibility.
Sec. 4-1-15. Reporting vehicle accident involving animal.
Sec. 4-1-16. Vicious or diseased animals.
Sec. 4-1-17. Humane euthanization.
Sec. 4-1-18. Conditional permits for show animals.
Sec. 4-1-19. Same--Deposition of impoundment fees and proceeds of sales.
Sec. 4-1-20. Fighting prohibited.
Sec. 4-1-21. Tethering and chaining of dogs to stationary objects prohibited.
Sec. 4-1-22. Enforcement.
Sec. 4-1-23. Penalties.
ARTICLE I. IN GENERAL
Sec. 4-1-1. Definitions.
The following words, when used in this article, shall have the following meanings ascribed to them unless a different meaning clearly appears from the context:
Animal control officer. The person(s) designated by the city to represent and act for the city in the impoundment of animals, controlling of animals running at large and as otherwise required in this article.
Animal shelter. Any publicly owned and/or nonprofit establishment operated for the purpose of housing, maintaining and/or boarding any lost, abandoned or abused animals.
Domesticated animal. Domesticated animals include all traditional domesticated animals such as dogs and cats, but also any other animal, including, but not limited to horses, cows, bulls, mules, donkeys, goats, sheep, hogs, pigs, birds, and small animals.
Feral dog. A dog that has escaped from domestication and has become wild, dangerous and untamed.
Health officer. A licensed physician or veterinarian appointed by the mayor and city council to have charge and control of the work of protecting and preserving the public health.
Inhumane treatment. Any treatment to any animal which deprives the animal of necessary sustenance, including food, water and protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating, teasing or poisoning or other abnormal treatments as may be determined by:
(1) A licensed health officer;
(2) An authorized law enforcement officer; or
(3) An animal control officer.
Kennel. Any premises wherein any person, partnership or corporation engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats or other animals.
Large canine breeds. Dogs equivalent to or greater than an average-size cocker spaniel, 30 pounds.
Owner. Any person, firm or corporation owning, keeping or harboring any animal or fowl.
Person. Any individual, firm, association, syndicate, partnership or corporation.
Vaccination. An injection of United States Department of Agriculture-approved rabies vaccine administered every 12 calendar months by a licensed veterinarian.
Vicious animal.
(1) Any animal which is known to have attacked, bitten or injured any person or domestic animal, or is known to have attempted to attack, bite, or injure any person or domestic animal;
(2) Any animal which has been observed by any person attacking, biting, or injuring, or attempting to attack, bite, or injure any person or domestic animal;
(3) Any animal which has a propensity or disposition to attack, cause injury to or to otherwise endanger the safety of people or domestic animals; or
(4) Any animal, which is exhibiting aggressive behavior indicating a liklihood it will attack, cause injury to or to otherwise endanger the safety of people or domestic animals; or
(5) Any animal which has been trained to attack on command or in response to certain stimulus.
Unconfined animals. A vicious animal is "unconfined" as the term is used in this section if such animal is not securely confined indoors or is not confined in a securely enclosed and locked pen or structure upon the premises of the owner or the person having the possession, charge, control or custody of such animal. Such pen or structure must be secure sides and a secure top. If such pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground to a depth of no less than one foot. Notwithstanding the foregoing, a vicious dog shall not be deemed to be "unconfined" while it is being used by a licensed security service as a guard dog and is confined in an area securely enclosed by a fence at least six feet in height constructed of chain link or a material of equivalent strength and topped by at least one strand of barbed wire; in addition, a vicious animal shall not be deemed to be "unconfined" while it is being used as an investigative or law enforcement aid by any federal, state, county, or municipal law enforcement officer, and is under the control of such officer by voice command.
Wild animals. All nondomesticated animals including, but not limited to, lions, tigers, bears, wolves, apes, monkeys, foxes, baboons, skunks, raccoons, opossums, squirrels and coyotes.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-2. Control and protection of animals in general.
(a) It shall be unlawful for any person to:
(1) Permit any animal to run at large within the corporate limits of the city;
(2) Carry out or inflict any inhumane treatment against any animal;
(3) Interfere with, attack or molest a dog used by the police department of the city in the performance of the function or duties of such department, or a dog being used in the capacity of an aid to any handicapped person;
(4) Permit or allow more than six domesticated animals, over the age of six months, in any one yard or open premises of a residence of the owner of such animals or premises at any one time, and such animals shall at all times be leashed or enclosed in a fence and shall not be permitted to run at large in violation of other provisions of this article;
(5) Keep or harbor any animal which, by loud, frequent or habitual barking, howling, yelping or other noise or action, disturbs any person or neighborhood within the corporate limits of the city;
(6) Keep or maintain on their premises any pen(s), enclosure(s), etc., for keeping of animals or fowls so as to become a public nuisance to persons residing in the vicinity thereof, nor shall they be maintained or kept in any manner as to cause bodily injury to any person residing in the vicinity of the pen, enclosure, etc.;
(7) Keep and maintain animals for breeding/show purposes within the corporate limits of the city, except in those areas zoned commercial or industrial, except as provided in section 4-1-18;
(8) Keep or harbor any animal(s) or fowl in such a manner as to constitute a public nuisance by reason of odor or unsanitary conditions to person(s) residing in the vicinity thereof;
(9) Fail to provide animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment;
(10) Leave an animal unattended inside a motor vehicle when such action is harmful or reasonably potentially harmful to such animal. In the event the owner of such vehicle is not available and cannot be found or refuses to prevent such harm or reasonably potential harm from continuing, the animal control officer or the police department shall be authorized to remove such animal from such vehicle and to utilize any reasonable method to effect such removal;
(11) Expose any known poisonous substance, whether mixed with food or not, purposely intended to harm or cause harm to animals, in such a manner as to be ingested by any animal to purposely harm such animal.
(b) The duly sworn and authorized animal control officer(s) or police officer(s) of the city may seize or cause to have seized any animal whose owner is found to be in violation of any part of subsection (a) and impound or cause to be impounded such animal in a designated shelter. Such animal shall be held for a period not to exceed five days, and if reasonable corrections are not made by the owner of the animal so that the owner is no longer in violation of subsection (a), above, the animal shall be released to the county animal shelter. The animal control officer shall designate to the owner what corrections are necessary to bring the owner into compliance with subsection (a), above.
(Ord. No. 1839, § 1, 1-13-98; Ord. No. 1842, § 1, 1-27-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-3. Vaccination of domesticated animals required; issuance of certificate and metal tag.
(a) Each year every owner or keeper of a domesticated animal three months old or older in the city shall cause such domesticated animal to be vaccinated against rabies by a veterinarian licensed to practice in the state.
(b) Evidence of vaccination shall consist of a metal tag and certificate issued and signed by the veterinarian administering the vaccination and containing pertinent data for identification of the domesticated animal, which data must consist of the owner's name, address and telephone number. The metal tag must be worn at all times that the domesticated animal is outside the owner's residence.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-4. Keeping of livestock.
(a) No person shall keep livestock closer than 150 feet to any property line adjoining that on which the livestock is kept; provided that each animal herein defined as livestock shall be kept on a lot or tract of three acres or greater.
(b) At the request of the animal control officer, each livestock owner shall notify the animal control officer of the type, number and location of any and all livestock kept within the corporate limits. The owner shall further furnish his name, address and telephone number to the animal control authority and to the city police department at the request of either.
(Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-5. Keeping fowl regulated.
(a) No person shall keep more than two fowl such as chickens, ducks, turkeys, geese, pigeons or guineas, except when enclosed 150 feet to any property line adjoining that on which the fowl are kept, or except by special permit issued by the city or designated agency of the city.
(b) It shall be unlawful for the owner of such fowl to allow such fowl to roam outside the property of such owner, except carrier pigeons on training or racing flights.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-6. Ferocious, vicious or dangerous animals.
(a) Control of animal. No person owning or having possession, charge, control, or custody of a vicious dog shall permit or suffer such dog to go beyond the premises of the person unless the dog is securely leashed and muzzled so as to prevent such dog from biting or injuring any person or domestic animal.
(b) Exception. A vicious animal, if securely leashed and under the control of its owner or a person having possession, charge, control, or custody of the dog, shall not be required to be muzzled when beyond the premises of the owner or the person having the possession, charge, control, or custody of such animal while:
(1) Being shown in an organized pet or animal show;
(2) Being used in the capacity of a guard dog by a licensed security service;
(3) Being used as an investigative or law enforcement aid by any federal, state, county, or municipal law enforcement officer.
(c) Penalties.
(1) Any person violating any terms or provisions of this section shall be subject to the penalties set out in section 5-2-21. In addition, if a person be charged with a violation of this section the judge shall determine whether the animal represents a continuing threat of serious harm to any person or domestic animal, and if so, said judge may order that such animal shall be destroyed.
(2) In addition, when any animal bites, attacks, injures or attempts to bite, attack, or injure any person or domestic animal, regardless of whether the animal was known to be vicious before the bite, attack, or attempt to bite, attack or injure, and regardless of whether the owner or person having possession, charge, control, or custody of such animal violated any provision of this article in connection with such bite, attack, or attempt to bite, attack, or injure, or when an animal is an unconfined vicious animal which is not muzzled, securely leashed, and under the control of its owner or a person having possession, charge, custody or control of the animal, then said animal shall be apprehended and retained by the city, securely penned and separated from other animals until a determination is made by the animal control officer, the chief of police, and one other adult advisor chosen by the chief of police, that the dog does not represent a continuing threat of serious harm to any person or domestic animal. If it is determined that the dog does present such a threat, it shall be ordered destroyed.
(3) Any person found guilty of violating any of the terms or provisions of this section shall pay all expenses necessitated by the seizure and impoundment of any animal for the protection of the public and such other expenses as may be required for the destruction of any such animal and the disposal of its remains.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-7. Keeping wild animals and reptiles prohibited.
(a) No person shall keep any wild animal(s) or reptile(s) within the corporate limits of the city.
(b) No person shall keep or cause to be kept on his premises or in any roadside zoo or pet store any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee.
(c) The animal control officer is hereby granted the authority to seize any wild animal(s) or reptile(s) kept in violation of this section, federal law or state statutes, upon conviction of the owner for such offenses and, if seized, shall deliver such wild animal(s) or reptile(s) to the department of wildlife conservation or equivalent state agency. In his discretion, the animal control officer may grant the owner of such animals 24 hours to remove them from the boundaries of the city to a lawful place if the public safety and welfare will not be jeopardized thereby.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-8. Performing animal exhibits or circuses; regulations.
(a) No performing animal exhibit or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemicals, mechanical, electrical or manual devices in any manner which is likely to cause physical suffering or injury to the animals.
(b) All equipment used on or by and [a] performing animal shall fit properly and be in good working condition.
(c) The owners, managers and caretakers of animals used as performing animals shall provide them with good and sufficient food and water and shelter from extremes of weather and shall at no time hobble, tether, tie or stake them alongside city streets, state highways, public rights-of-way or any thoroughfare within the corporate limits of the city.
(d) The animal control officer is hereby authorized to inspect the conditions and premises of such operations at any given time to determine compliance with this section.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-9. Pet shops, aviaries, kennel; investigation of complaints.
The animal control officer of the city is hereby authorized at any reasonable time upon written request or demand of any citizen of the city to inspect any store or business which buys, sells, gives away or trades live animals, birds or operates kennels.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-10. Impoundment and recovery of animals.
Any dog, animal or fowl caught, picked up or impounded by the animal control officer of the city shall be forthwith turned over to a designated animal shelter in the city. Any impounded animal may be reclaimed within five days of impoundment upon the payment of the costs incurred in taking up, confining and keeping of such animal during impoundment, and upon showing proof of current vaccination. However should such animal have been found to be a vicious animal in accordance with this article, then, in that instance, subsection 4-1-6(c) shall apply.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-11. Procedure on retention, observation and disposition of animals which have bitten persons or other animals, or those suspected of having disease.
(a) The animal control officer, in the course of his duties of investigation of cases in which animals have bitten persons or other animals, shall immediately notify the owner of such animal which has bitten any person or animal to surrender the animal to the animal control officer immediately or otherwise arrange for the animal control officer to pick up and retain such animal in a separate kennel at the designated animal shelter for a period of not less than ten days after the biting of such person or other animal, during which period it shall be determined by the designated official whether such animal is suffering from any disease. If no disease is found, the designated official shall signify to the animal control officer that such animal may be released to the owner; provided further that the animal control officer may authorize keeping of any such animal on the owner's premises provided that the owner produces a certificate of rabies vaccination performed by a veterinarian showing that the animal has been vaccinated for rabies not longer than 12 months previous thereto or other vaccination period recognized by the United States Department of Agriculture; and provided further that the animal control officer may authorize any such animal to be retained for a period of not less than ten days after biting such person or animal in quarters supervised by a veterinarian; provided further that the animal control officer or other designated official may authorize certain animals to be confined on the owner's premises because of veterinary medical reasons, such as small rodents, ferrets, monkeys or other animals difficult to maintain or susceptible to disease which might occur with changes of environment or female dogs with pups, provided the owner secures a written statement of such consideration from a veterinarian if required by the city health officer or other designated official.
(b) Any animal suspected of having disease shall be subject to the impoundment and observation provision set out in subsection (a) of this section.
(c) Any animal found to be infected with rabies shall be forthwith destroyed by the animal control officer, an officer of the police department. The animal suspected to be infected with rabies shall not be destroyed in such a manner that damages the head, which will be needed for laboratory analysis.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-12. Authorization for quarantine.
In the event a potential outbreak of rabies is suspected, and the danger of the public safety from rabid animals is reasonably imminent, the city health officer or other designated official is hereby authorized and it shall be his duty to issue a quarantine proclamation ordering persons owning, keeping or harboring any dog or cat to muzzle the same or confine it as hereby provided for such time as may be specified in such quarantine proclamation. Under the publication of such proclamation by the health officer, the person keeping or harboring any dog, cat or other animal shall follow the procedure as prescribed in the definition for "at large," except that any such animal under the control of an adult person on a leash or under control by voice command may do so only if the animal is effectively muzzled. All dogs, cats or other animals found at large during the time specified by the city health officer in a quarantine proclamation, without being properly confined or muzzled if under the control of an adult person, may be destroyed by any other officer of the city of [if] such officer is unable, with reasonable effort, to apprehend the animal for impoundment.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-13. Animal control officers--Training and certification.
Animal control officer(s) shall be required to be familiar with the city ordinances pertaining to "animals and fowl," and applicable federal and state statutes pertaining thereto.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-14. Same--Police powers and enforcement responsibility.
(a) Any animal control officer may utilize any equipment reasonable and necessary to enforce the provisions of this article including, without limitation, humane wire box traps; and the animal control officer(s) may lend such traps or other equipment to private persons for the purpose of preventing nuisances resulting from animals running at large.
(b) Any animal control officer employed by the city shall be authorized to issue tickets, summons or other process in the same manner as other police officers of the city but in the furtherance of the compliance with this article only.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-15. Reporting vehicle accident involving animal.
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall at once report the accident to the police department and/or the animal control officer or the local humane society within a reasonable time.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-16. Vicious or diseased animals.
(a) Vicious animals or feral dogs. When an animal is determined by the animal control officer to be an unconfined vicious animal or feral dog as described in section 4-1-1 hereof, that animal may be destroyed by the animal control officer or his designee under the supervision of an officer of the police department.
(b) Incurably injured or diseased animals, etc. It shall be the duty of the police department to discharge a firearm in order to mercifully end the life of an animal suffering from an incurable injury or disease or as the sole effective means of controlling a public nuisance or health hazard including, but not limited to, pigeons, rabbits, squirrels, snakes and feral dogs.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-17. Humane euthanization.
An injured or neglected animal may be humanely euthanized by the animal control officer or his designee immediately, under the supervision of an officer of the police department.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-18. Conditional permits for show animals.
(a) The animal control officer or his designee(s) shall have the authority to issue permits, to be renewed annually, to persons within the city to house and maintain animals in their residence for show competition purposes.
(b) Any person shall be allowed to keep as many domesticated animals housed under their residential premises as desired, subject to the following conditions:
(1) No more than six of any such animals over the age of six months shall be allowed in the yard or open premises of the residence of the owner of such animals at a time, and such animals shall, at all times, be leashed or enclosed in a fence and not allowed to run at large in violation of other provisions of this article.
(2) The animal control officer or his designee(s) shall have the right to inspect, at all reasonable times, the premises of any animal owner issued a permit for housing and maintaining such animals hereunder. If it is determined that any violations of this article are occurring, then the animal control officer shall have authority to revoke the permit of the owner immediately.
(3) Any person seeking a permit for this purpose shall, as a part of the application therefor, submit written verification from all residents and property owners within a radius of 100 feet of their residence that all such neighboring property owners do not object to the issuance of such permit. If there are such objections, then the permit may be denied.
(4) Each permit shall be issued only after application is made through the animal control officer and then approved by the city council.
(5) An owner shall not be allowed to breed such animals for profit and sale purposes. Any such owner found in violation of this provision shall be guilty of a misdemeanor and, in addition to having his/her permit revoked, shall be penalized as provided in section 4-1-21 herein.
(6) The application fee and first-year permit shall be the sum of $25.00. The yearly renewal fee shall be $25.00. All such fees shall be paid into the general fund of the city.
(7) Any permit issued pursuant to the provisions of this section may be revoked if it is determined that any provision of this article is being violated, other than those conditional exceptions allowed in this section. In such case, the animal control officer shall notify the owner of such revocation, and the owner shall, within five days of such notice, remove all animals from his premises. Failure to comply shall constitute a misdemeanor, and the owner shall be penalized as provided in section 4-1-21 hereof.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-19. Same--Deposition of impoundment fees and proceeds of sales.
All fees collected for taking up and impounding animals as provided for in section 4-1-10, and all moneys received for such animals upon the sale, shall be used to pay all charges for maintenance or expense, in accordance with the current contract between the city and its animal shelter provider.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-20. Fighting prohibited.
It shall be unlawful for any person to keep, train or use any dog or cat for the purpose of fighting or attacking any other dog, cat, animal or person, unless such dog or cat is being kept, trained or used by a federal, state, county or municipal law enforcement officer as an investigative or law enforcement aid, a licensed security service for use as a guard dog, or as an aid to a handicapped person.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-21. Tethering and chaining of dogs to stationary objects prohibited.
(a) No person shall, at any time, fasten, chain, tether or tie any dog or cause such dog to be fastened, chained, tethered or tied to a stationary object while such dog is on the dog owner's property, on the property of the dog owner's landlord or on the property of the person having possession, charge, custody or control of such dog.
(b) If a dog is found to be fastened, chained or tied to a stationary object, the owner of the dog or the person having possession, charge, custody or control of such dog may be permitted to keep the dog on the tieout for less than, but in no case more than, 90 days from the discovery of the tieout. In determining whether to grant this permission, the animal control officer may take into consideration the past record of the owner or person having possession, charge, custody or control of said dog with the subject dog and with other animals. In addition, this permission may be granted only on condition that the owner or person having possession, charge, custody or control of such dog and the tieout, when found, are in compliance with all applicable laws relating to animals and all other provisions of this ordinance.
(c) During the grace period, a tieout, consisting of a chain, leash, wire cable or similar restraint attached to a swivel or pulley, shall be so located as to keep the dog exclusively on the secured premises. Tieouts shall be so located that they cannot become entangled with other objects. Collars used to attach a dog to a tieout shall not be of a choke type. No tieout shall employ a restraint which is less than ten feet in length. The grace period may be deemed null and void immediately if the owner or person having possession, charge, custody or control of such dog and the tieout are not, at any time during the grace period, in compliance with the aforementioned tieout provisions and all other applicable laws relating to animals.
(d) Upon expiration of the grace period, the owner or person having possession, charge, custody or control of such dog must:
(1) Provide a fenced yard for the dog with adequate space for exercise based on a dimension of at least 100 square feet;
(2) Provide an enclosure for such dog meeting the 100 square feet dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered with materials to provide the dog with shade and protection from the elements;
(3) Place the dog on a chain or tether provided that it is at least ten feet in length and attached to a pulley or trolley mounted on a cable which is at least ten feet in length and mounted no more than seven feet above ground level and which shall weigh no more than 1/8 of the dog's body weight; or
(4) Confine the dog within a residence, if the dog is to be confined within a residence, the owner of such dog or the person having possession, charge, custody or control of such dog will be required to make arrangements for the daily exercise of the dog in accordance with the other provisions of this article.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-22. Enforcement.
Responsibility for the implementation and enforcement of this article shall be vested in the animal control officer and the chief of police, or either or them, as well as their respective designees.
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Sec. 4-1-23. Penalties.
(a) Any person who violates any of the provisions of this article shall be guilty of a misdemeanor. Each and every day the violator continues the same shall constitute a separate and distinct offense. Any person found guilty of violating this article shall be punished as follows:
(1) First offense, a fine not to exceed $25.00.
(2) Second offense, a fine not less than $50.00 and not more than $150.00.
(3) Third offense, a fine not less than $75.00 and not more than $200.00.
(b) For purposes of this section, any violation is considered a first offense unless it occurs within one year of the adjudication of guilt by the municipal court of a previous violation of this article. For an offense to be considered a third offense, guilt in the previous two violations must have been adjudicated by the municipal court within one year of the latest violation.
(c) For any situation involving a continuing violation, and not within the requirements of subsection (b), above, each day the violation continues shall constitute a separate "first offense."
(Ord. No. 1839, § 1, 1-15-98; Ord. No. 1872, § 2, 12-10-98)
Pascagoula Mississippi
Code of Ordinances City of Pascagoula Mississippi
Chapter 10 ANIMALS*
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*Cross references: Health and sanitation, ch. 34; disposal of dead animals and garbage on which rats may feed, § 34-110; dogs prohibited on parks, beaches, other public recreational areas; exception; violation, § 58-63.
State law references: Hog pens, slaughterhouses, stockyards, stables, MCA 1972, § 21-19-1; animals at-large, pounds, cooperative agreements, MCA 1972, § 21-19-9; purchasing dogs for use of police department, MCA 1972, § 21-21-5; dogs and rabies control, MCA 1972, § 41-53-1 et seq.; hunting and fishing, MCA 1972, § 49-7-1 et seq.; livestock, MCA 1972, § 69-11-1 et seq.; veterinarians, MCA 1972, § 73-39-1 et seq.; cruelty to animals, MCA 1972, § 97-41-1 et seq.
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Article I. In General
Sec. 10-1. Definitions.
Sec. 10-2. Animal control division and police department to enforce chapter; interfering with officer duties prohibited.
Sec. 10-3. Giving away as prizes; inducements to trade.
Sec. 10-4. Responsibility of owner generally.
Sec. 10-5. Keeping of animals within city limits.
Sec. 10-6. Permitting to run at large.
Sec. 10-7. Keeping of vicious animals or vicious dogs.
Sec. 10-8. Tethering of dogs to stationary objects.
Sec. 10-9. Pet stores, boarding kennels, grooming establishments, and for-profit pet breeders.
Sec. 10-10. Violations; penalties.
Secs. 10-11--10-40. Reserved.
Article II. Impoundment, Quarantine, and Seizure of Animals
Sec. 10-41. Impoundment of animals attacking or injuring persons; rabid animals.
Sec. 10-42. Seizure of mistreated animal.
Sec. 10-43. Impoundment of at large animals.
Sec. 10-44. Additional proceedings against owner authorized.
Sec. 10-45. Elimination of animals.
Secs. 10-46--10-80. Reserved.
Article III. Stables
Sec. 10-81. When required.
Sec. 10-82. Cleanliness.
Sec. 10-83. Container for manure and litter.
Sec. 10-84. Stall floors.
Sec. 10-85. Rodent control.
Sec. 10-86. Feeding restricted.
Sec. 10-87. Exercising yards.
Sec. 10-88. Walls.
Sec. 10-89. Floors.
Sec. 10-90. Gutters.
Sec. 10-91. Mangers.
Sec. 10-92. Food bins.
Sec. 10-93. Minimum area.
ARTICLE I. IN GENERAL
Sec. 10-1. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means any live, vertebrate creature, domestic or wild, except homo sapiens.
Animal control division means that division of the city charged with enforcement of this chapter.
Animal control officer means any person designated by the city to enforce the provisions of this chapter.
Animal shelter means any facility operated by a humane society, the city, or the county for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
At large means any animal not under restraint.
Boarding kennel means any commercial establishment where any dogs, cats, or other animals are boarded for a fee.
Feral cat means a cat that has escaped from domestication and become wild, dangerous, or untamed.
Feral dog means a dog that has escaped from domestication and become wild, dangerous, or untamed.
For-profit pet breeder means any owner who breeds more than two litters of offspring per year and receives monetary compensation for the sale of these offspring.
Grooming establishment means any commercial establishment at which dogs, cats, or other animals are bathed, groomed, clipped, trimmed, or shorn, and where no animals are kept or maintained on the premises overnight.
Owner means any person owning, keeping, or harboring an animal.
Performing animal exhibition means any spectacle, display, act, or event, other than a circus, in which performing animals are used.
Pet means any animal kept for pleasure rather than utility.
Pet store means any place of business which sells birds, fish, reptiles or mammals intended for use as pets.
Public nuisance means any animal which:
(1) Damages property of one other than its owner;
(2) Barks, whines, screams or howls in an excessive, continuous, or untimely fashion; or
(3) Defecates or frequently urinates on property of one other than its owner.
Restraint means the condition of securing any animal by a leash or lead eight feet or less; within the fenced real property limits of its owner; or by tethering in such a way that the animal is within the real property limits of its owner.
Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
Vicious animal means any animal, except dogs, that constitutes a physical threat to human beings or other animals.
Vicious dog means a dog:
(1) Which has shown a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
(2) Which, when unprovoked:
a. Bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal on public or private property; or
b. Chases or approaches a person upon the streets, sidewalks or on any public grounds in a menacing or terrorizing manner or apparent attitude of attack.
(3) Which is owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dog fighting.
Notwithstanding the provisions of this definition, no dog may be considered a vicious dog if an injury or damage is sustained by a person who, at the time of such injury or damage, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. No dog may be considered vicious if an injury or damage was sustained by a domestic animal which, at the time of such injury or damage, was teasing, tormenting, abusing or assaulting the dog. No dog may be considered vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
Wild animal means any animal which can normally be found in the wild state and is not ordinarily domesticated by man, whether raised in captivity or in the wild.
(Code 1967, § 4-1)
Cross references: Definitions generally, § 1-2.
Sec. 10-2. Animal control division and police department to enforce chapter; interfering with officer duties prohibited.
(a) The animal control division and the police department shall enforce the provisions of this chapter. It shall be a violation of this chapter to interfere with an animal control officer or police officer in the performance of his duties under this chapter.
(b) Any animal control officer or police officer having probable cause to believe that a person has violated a section of this chapter may file a complaint in the municipal court. The person so charged may be brought to court by a warrant or citation mailed or hand delivered to such person by an animal control officer or police officer.
(c) A citizen who has been harmed through a violation of any provision of this chapter, including maintaining a public nuisance violation as the term "public nuisance" is defined in section 10-1 may file charges in municipal court against the violator for such violation.
(d) An animal control officer may utilize any equipment reasonable and necessary to enforce the provisions of this chapter including, without limitation, humane wire box traps; and an animal control officer may lend such traps or other equipment to private persons for the capturing of animals running at large.
(e) An animal control officer is authorized to issue tickets, summons, or other process in the same manner as police officers of the city, but in the enforcement of this chapter only.
(Code 1967, § 4-2)
Cross references: Police department, § 42-31 et seq.
Sec. 10-3. Giving away as prizes; inducements to trade.
No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade, unless and except such person or organization shall have first obtained a permit for such activity from the supervisor of the animal control division.
(Code 1967, § 4-3)
Sec. 10-4. Responsibility of owner generally.
(a) No owner shall fail to:
(1) Exercise proper care and control of his animals;
(2) Prevent them from becoming a public nuisance as defined in section 10-1, or private nuisance; or
(3) Comply with the standards set out next in this section and all other provisions of this chapter.
(b) It shall be unlawful for animal pens or enclosures where animals are kept to be in an unclean, filthy, or unsanitary condition. All animal pens or enclosures and other places where dogs, cats or other animals are kept shall be kept clean by removal of all offensive matter and by suitable cleansing and disinfecting as often as may be necessary, which care is hereby required and made the duty of every person controlling such places. Lots, stalls and stables for cattle, sheep, goats, horses, and similar animals shall comply with article III of this chapter.
(c) The owner of every animal including, but not limited to, cats and dogs, shall remove any fecal matter deposited by such animals on public property, walks, streets, or private property of another. It shall be unlawful for the owner of any real property to allow unsanitary or malodorous conditions to develop on his property due to the keeping, maintaining, owning, or harboring of animals. Reasonable efforts shall be made to keep yards, pens, premises, and animals free of insect infestation.
(d) Animal pens or enclosures shall be large enough to provide reasonable freedom of movement to the animals contained therein. Food supplies shall be stored in rodentproof containers. Food and water containers shall be kept clean, and litter and bedding materials shall be changed as often as necessary to prevent an odor nuisance. Feces shall be removed daily from yards, pens, and enclosures. The owner shall conduct his ownership and control of the animal in a manner so as not to cause or give rise to a nuisance.
(e) No owner of an animal shall abandon it or fail to provide appropriate veterinary treatment, if ill.
(f) No owner shall fail to provide his animals with proper shelter and protection from the weather.
(g) No owner shall leave an animal unattended inside a motor vehicle when such action is harmful or potentially harmful to such animal. If the owner of such vehicle is not available and cannot be found or refuses to prevent such harm or potential harm, an animal control officer or a police officer shall be authorized to remove such animal from the vehicle and to utilize any reasonable method to effect such removal.
(Code 1967, § 4-4)
Sec. 10-5. Keeping of animals within city limits.
(a) It shall be unlawful for any person to keep or maintain chickens, ducks, geese, turkeys, or other domestic fowl of any kind, or sheep, cattle, mules, goats, horses or other similar animal, within 100 feet of any building or structure used as a residence by another. The provisions of this subsection shall not apply to cats and dogs.
(b) It shall be unlawful for any person to keep hogs and pigs within the city, provided that this section shall not apply to sanctioned city or county events for the duration of such event.
(c) No person shall leave or throw into any stream or river, nor offensively expose the body, or any part thereof, of any dead animal, nor shall the same be kept where it may be dangerous to the life or detrimental to the health of any person. The animal control division shall be promptly notified of the existence of any such dead animal and where it is to be found so that it may be removed and disposed of in a sanitary manner.
(d) It shall be unlawful for any person who is not licensed as provided for in section 10-9 to keep more than five dogs or five cats or an aggregate of five dogs and cats at a single location within the city, with the exception that kittens or puppies born to a cat or dog kept at any such location may be kept for not more than five months from birth.
(Code 1967, § 4-5)
State law references: Municipal authority to suppress and regulate hog pens, MCA 1972, § 21-19-1.
Sec. 10-6. Permitting to run at large.
It shall be unlawful for the owner of a dog to allow such dog to run at large upon the streets, alleys, commons of the city, or property of another. At all times when a dog is not confined by fence or otherwise to the property of its owner, such dog shall be kept on a leash and, if not in control, such dog may be impounded as provided for in section 10-43 by an animal control officer or police officer.
(Code 1967, § 4-6)
Sec. 10-7. Keeping of vicious animals or vicious dogs.
(a) A vicious dog or animal shall be securely confined indoors or confined in a securely enclosed and childproofed, locked pen or structure upon the premises of the owner. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded in the ground no less than two feet.
(b) No owner of a vicious dog or animal shall suffer or permit such dog or animal to go beyond the premises of such person unless such dog or animal is securely leashed and muzzled, except that a vicious dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club show or upon prior approval of the supervisor of the animal control division. Such dog or animal may not be tethered to inanimate objects, e.g., trees, buildings, etc., and the muzzle must be sufficient to prevent such dog or animal from biting persons or other animals.
(c) No vicious dog or animal may be kept on a porch, patio, or any part of a house or structure that would allow the dog or animal to exit such building on its own volition. In addition, no such dog or animal may be kept in a house or structure when the windows are open or when screen windows or doors are the only obstacle preventing the dog from exiting the structure.
(d) Before filing a complaint in municipal court for a violation under this section, the animal control supervisor shall give written notice to the person suspected of a violation that his dog or animal is deemed a vicious dog or animal and subject to the requirements of this section. The notice shall also inform the person named that he may appeal this determination to the city council within five business days, excluding holidays, by filing a written notice of appeal with the supervisor of the animal control division. Filing of such notice shall stay the determination pending action by the council.
(e) The supervisor of the animal control division shall keep a record of all vicious dogs or animals. Such records shall include a description of the dog or animal, species or breed, sex, approximate age, the physical address where the animal is kept or harbored, and the name of the owner.
(f) All owners of vicious dogs or animals within the city shall within ten days of the effective date of this chapter display in a prominent place on their premises a sign easily readable by the public using such words as "Beware of Dog" or "Dangerous Animal." In addition, a similar sign shall be posted on the kennel or pen of such dog or animal.
(g) An animal control officer may enter the premises where a vicious dog or animal is kept for the purpose of inspection of the premises to ascertain whether such complies with the provisions of this chapter. Such inspection shall be made only after five days notice to the occupant of the premises. If the owner shall refuse the inspection, the assistance of a court may be requested.
(h) This section shall not apply to dogs kept by law enforcement agencies.
(Code 1967, § 4-7)
Sec. 10-8. Tethering of dogs to stationary objects.
(a) No person shall tether a dog to a stationary object.
(b) If a dog is found to be tethered to a stationary object, the owner of the dog may be permitted to keep the dog on the tether for no more than 90 days. In determining whether to grant this permission, an animal control officer may take into consideration the past record of the owner with the subject dog and with other animals. In addition, this permission may be granted only on condition that the owner of such dog and the tether comply with all applicable laws relating to animals and all other provisions of this chapter.
(c) During the grace period, a tether attached to a swivel or pulley shall be so located as to keep the dog exclusively on the secured premises. Tethers shall be so located that they cannot become entangled with other objects. Collars used to attach a dog to a tether shall not be of a choke type. No tether shall employ a restraint which is less than ten feet in length. The grace period may be deemed null and void immediately if the owner fails to comply at any time during the grace period with the aforementioned tether provisions and all other applicable laws relating to animals.
(d) Upon expiration of the grace period, the owner must:
(1) Provide an enclosure or fenced yard for such dog with a minimum area of 100 square feet. Such enclosure shall be constructed of chainlink or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered with materials to provide the dog with shade and protection from the elements; or
(2) Place the dog on a tether, provided that it is at least ten feet in length, attached to a pulley or trolley mounted on a cable which is at least ten feet in length and mounted no more than seven feet above ground level, and which shall weigh no more than one-eighth of the dog's body weight; or
(3) Confine the dog within a building.
(Code 1967, § 4-8)
Sec. 10-9. Pet stores, boarding kennels, grooming establishments, and for-profit pet breeders.
(a) The city manager shall issue a license to pet stores, boarding kennels, grooming establishments, and for-profit pet breeders upon submission of a completed application, payment of a fee of $10.00 and inspection of the premises by the animal control supervisor to ensure all conditions set forth in subsection (b) of this section are being met. The license shall expire one year from the date of issuance, unless earlier revoked for cause. Such license shall not be transferable.
(b) Upon application for issuance or renewal of a license, an inspection shall be made of the premises to determine compliance with the following provisions:
(1) Any building on the premises shall be in good repair, structurally sound, shall not leak, and shall be easy to clean and sanitize. Drains must rapidly eliminate excess water on the floor. There must be adequate heat, cooling, ventilation and lighting.
(2) Cages must allow the animals enough room to stand easily, turn about freely, and sit and lie in a normal position. Cages must be kept clean and in a good state of repair.
(3) All animals must be maintained in a healthy condition or, if ill, shall be given appropriate veterinary treatment.
(4) Animal and food waste and bedding must be removed as often as necessary to prevent an odor nuisance.
(5) Food supplies shall be stored in rodentproof containers. Food and water containers must be kept clean and sanitary.
(6) Premises and animals shall be kept reasonably free of insect infestation.
(7) No nuisance caused by odor or noise shall be permitted.
(c) Periodic unannounced inspections by the animal control division shall be conducted.
(d) Any pet store, boarding kennel, grooming establishment or for-profit pet breeder that is currently lawfully operating within the city at the time this chapter is enacted shall be given a license for the first year without having to meet the conditions set forth in this section. However, before any license is renewed after the first year, the owner of any such establishment must first meet the conditions of subsection (b) of this section. If the owner of any establishment that is currently operating changes its location or ownership the first year, the owner must apply for a new license and comply with all the requirements established in subsection (b) of this section. Charges may be filed for any violations of the provisions of this section. Each violation will be deemed a separate offense. The city manager may revoke a license for serious or repeated noncompliance with the provisions of this section. Appeal of a license revocation may be made in writing to the city council within five business days, and the revocation shall be stayed pending action by the council.
(Code 1967, § 4-9)
Sec. 10-10. Violations; penalties.
Any person who shall violate any provision of this chapter, or fail to comply with any of the requirements thereof, shall be guilty of a misdemeanor.
(Code 1967, § 4-10)
Secs. 10-11--10-40. Reserved.
ARTICLE II. IMPOUNDMENT, QUARANTINE, AND SEIZURE OF ANIMALS*
__________
*State law references: Municipal authority to provide for impoundment, MCA 1972, § 21-19-9.
__________
Sec. 10-41. Impoundment of animals attacking or injuring persons; rabid animals.
(a) Any occurrence in which an animal bites a human shall be promptly reported to an animal control officer.
(b) If an animal has bitten or scratched a human, is suspected of having rabies, or if it has been exposed to rabies, it shall be safely confined and quarantined for 14 days in either the public animal shelter or, at the owner's discretion and expense, in a veterinary hospital or clinic within the city and shall not be released from such quarantine except by written permission of the animal control supervisor. If the ownership of an animal needing confinement and quarantine for such reasons is unknown, it shall be confined and quarantined for such time in the public animal shelter.
(c) While confined and quarantined, an animal shall be closely observed by the operating personnel of the public animal shelter, veterinary hospital, or clinic for symptoms of rabies, and, if such symptoms are observed, an immediate report thereof shall be made to the county health officer, and if a human has been bitten, to him or a parent or guardian, if he is a minor. If the county health officer determines that it is necessary to perform a pathological examination to determine if a quarantined animal has rabies, he is hereby authorized to kill it and to perform such examination. If a quarantined animal dies before the expiration of such 14-day period, its head shall be immediately given to the county health officer for pathological examination with reports of human contacts and the diagnosis made of the suspected animal.
(d) An animal that is rabid or that is reasonably believed to be rabid shall be immediately delivered by its owner into the custody of an animal control officer, or, if the owner is unknown, an animal control officer shall forthwith take custody of such animal and he shall in either case immediately report the animal's condition to the county health officer.
(e) If, after being confined and quarantined for such period, an animal is found to be free of rabies, it shall be returned to the owner after payment by the owner of the required fees if held in a public animal shelter, or, if held in a veterinary hospital or clinic at the owner's request, after payment by the owner of the fee of the hospital or clinic for such service.
(f) When directed to do so by an animal control officer or a police officer it shall be unlawful for an owner of an animal that is rabid, that is reasonably believed to be rabid, that has been exposed to rabies, or that has bitten or scratched a human to refuse to deliver such animal into the custody of an animal control officer for confinement, quarantine, and observation in a public animal shelter or a veterinary hospital or clinic, if the owner chooses, or, when appropriate, for immediate destruction.
(g) Unless necessary for the protection of the public health and safety, it shall be unlawful to summarily kill or remove from the city without written permission of the animal control supervisor an animal that has rabies, that is reasonably believed to have rabies, or that has bitten or scratched a human. Any such animal shall be immediately reported to a police officer or an animal control officer of the city after which it shall be dealt with as provided in this section.
(h) The carcass of a dead animal that has been exposed to rabies shall upon demand be surrendered to an animal control officer or other authorized representative of the city.
(Code 1967, § 4-20)
Sec. 10-42. Seizure of mistreated animal.
The seizure and impoundment of a mistreated animal for its care and protection shall be as provided for in state law.
(Code 1967, § 4-21)
Sec. 10-43. Impoundment of at large animals.
An animal control officer or police officer may seize or cause to be seized any animal found at large and impound or cause to be impounded such animal in a designated public animal shelter. Such animal shall be held for a period not to exceed five days after which it may be destroyed or adopted. Prior to the release to the owner of any animal found to be at large and impounded, the supervisor of animal control shall authorize its release orally or in writing to the owner.
(Code 1967, § 4-22)
Sec. 10-44. Additional proceedings against owner authorized.
The owner of an impounded animal may also be charged in municipal court for a violation of this chapter.
(Code 1967, § 4-23)
Sec. 10-45. Elimination of animals.
(a) When an animal or dog has been determined to be a vicious animal or dog or a feral dog, that animal or dog may be destroyed by an animal control officer, provided that one of the following requirements is met:
(1) The animal is running at large or not properly confined or muzzled.
(2) There is no vaccination tag on the dog.
(b) It shall be the duty of an animal control officer or police officer either to humanely euthanize, or by use of a firearm, to mercifully end the life of an animal suffering from an incurable injury or disease or as the sole effective means of controlling a public nuisance or health hazard including, but not limited to, rabbits, squirrels, snakes, feral or vicious dogs and vicious animals.
(c) A cat which is feral may be immediately eliminated on that basis alone.
(Code 1967, § 4-23)
Secs. 10-46--10-80. Reserved.
ARTICLE III. STABLES
Sec. 10-81. When required.
Every person who shall maintain a horse, mule, cow or similar animal within the city shall provide a stable for the same.
(Code 1967, § 4-31)
Sec. 10-82. Cleanliness.
Every stable, shed or lot where a horse, mule, cow, or similar animal is kept shall be thoroughly cleaned at least once each day. When such animals are kept in a stable, shed or other building, such building shall have sufficient light to make cleaning practicable, and sufficient ventilation to keep the air in such building clean at all times.
(Code 1967, § 4-32)
Sec. 10-83. Container for manure and litter.
Every stable, shed or other building where a horse, mule, cow or similar animal is kept shall have either within or immediately adjoining it a flyproof and rodentproof box, bin or barrel for receiving and holding manure and litter accumulating between the times of removal from the premises.
(Code 1967, § 4-33)
Sec. 10-84. Stall floors.
All stall floors in stables shall drain into gutters, such gutters to be connected through catchbasins with the storm sewer system of the city; provided, however, that where the storm sewer system of the city is not available by reason of being more than 150 yards from such stable, other approved drainage shall be provided.
(Code 1967, § 4-34)
Sec. 10-85. Rodent control.
All parts of stables within this city, the construction of which express provision is not made for in this article, shall be rodentproofed in the manner in which buildings are normally required to be rodentproofed.
(Code 1967, § 4-35)
Sec. 10-86. Feeding restricted.
The feeding of grain to horses, mules, cows, and similar animals in any yard or enclosed area or space not constructed as required by the provisions of this article is prohibited.
(Code 1967, § 4-36)
Sec. 10-87. Exercising yards.
Any yard used for the exercising of any horse, mule, cow, or similar animal shall at all times be kept free from trash or accumulations of manure and must be well drained.
(Code 1967, § 4-37)
Sec. 10-88. Walls.
The foundation walls of any stable within the city shall be constructed of concrete, brick, stone or other material impenetrable by rodents, laid in cement mortar, and shall not be less than six inches thick. The walls shall extend above the ground a sufficient height to be not less than a foot above the floor level, and the extension of such walls upward shall be made of concrete, brick, stone, or other impenetrable material by rodents, or of wood; but if of wood, shall contain no enclosed dead spaces. All openings in such foundation walls, except that made for the floors, shall be covered with metal grating having openings not greater than one-half inch between the gratings.
(Code 1967, § 4-38)
Sec. 10-89. Floors.
(a) Generally. The floors of stables other than the stalls shall be of concrete not less than three inches thick, or of stone, laid in cement mortar, or of other similar materials, and constructed in such a way as to prevent ingress or egress of rodents. Such floors shall have a slope of one-eighth inch per foot to the gutter drains.
(b) Stalls. The floors of stalls in any stable shall have a slope of one-eighth inch per foot to the gutter drains, and may be of planking, fitted either tightly to a concrete floor not less than three inches thick, or elevated not more than one-half inch from such concrete floor and so constructed as to be easily removable. If such floors are constructed of creosoted wood blocks, brick, asphalt blocks, or of some substantial mineral pavement, laid on a concrete foundation, the removable planking shall be raised at least once a week, and the planking and concrete floor beneath thoroughly cleansed.
(Code 1967, §§ 4-39, 4-40)
Sec. 10-90. Gutters.
Semicircular or V-shaped gutter drains in any stable shall be constructed in such a manner so that a gutter shall be placed to receive all liquid matter from each stall. Such gutters shall connect with the public sewer or with a main gutter of the same construction, which in turn shall be connected with the public sewer or other suitable drain. All openings from drains into sewers shall be protected by a metal grating, having openings not more than one-half inch between the grating.
(Code 1967, § 4-42)
Sec. 10-91. Mangers.
Each manger within any stable shall be constructed so as to have a slope of two inches toward the bottom, shall be covered with tin or zinc, and shall be at least 18 inches deep to avoid spilling of food.
(Code 1967, § 4-43)
Sec. 10-92. Food bins.
All food bins shall be constructed of cement, stone, metal or other material impenetrable by rodents, and shall have closefitting doors or lids. All grain, malt and other animal food, except hay, stored or kept in any stable must be kept closed at all times, except when momentarily opened to take food therefrom, or when same are being filled. No feed shall be scattered about outside such bin or in the stable, and all food found on the floor or in the stalls of such stables shall be removed daily and placed in the manure receptacle. No feedstuff intended for human consumption shall be kept or stored in any stable or any other place where animals are kept.
(Code 1967, § 4-44)
Sec. 10-93. Minimum area.
There shall be at least 100 square feet of floor space for each horse, mule, cow or similar animal kept within a stable.
(Code 1967, § 4-45)
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