505.03 Animals Running at Large Prohibited; Exception
No owner or person having charge of any horse, mule, goat, hog, cattle or other animal shall permit the animal to run at large upon any street within the City. Any person may lead or drive any such horse, mule, goat, cattle or other animal upon and over the public thoroughfares of the City when the animal is in the actual charge of the person in such manner that the same may be prevented from trespassing upon and over lawns, sidewalks, grass plots or over other public or private property not used or intended as a traveled roadway.
(1969 Code §3-3)
527.04 Certain Loud & Disturbing Noises Enumerated
The following acts are declared to be loud, disturbing and unnecessary noises in violation of Section 527.03, but such enumeration shall not be deemed to be exclusive, namely:
- Animals and Birds: The keeping of any animal or bird by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.
- Defect in Vehicle or Load: The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
- Domestic Power Tools: Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, snow blower, small power equipment, or similar device used outdoors in residential areas between the hours of 9 p.m. and 8 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.
- Drums: The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
- Engine-Repair and Testing: It shall be unlawful for any person to repair, rebuild or test any engine so as to create a noise disturbance.
- Exhaust: The discharge into the open air of the exhaust of any stream engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
- Horns and Signaling Devices: The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonable loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
- Loudspeakers/Public Address System:
- Using or operating for any noncommercial purpose any loudspeaker, public address system, or similar device between the hours of 10 p.m. and 8 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone.
- Using or operating for any commercial purpose any loudspeaker, public address system, or similar device such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone; or between the hours of 8 p.m. and 10 a.m. the following day on a public right-of-way or public space.
- Radios, Musical Instruments and Similar Devices: Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound:
- Between the hours of 11 p.m. and 7 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone (except for activities open to the public and for which a permit has been issued by "appropriate authority”)
- In such a manner as to create a noise disturbance at 25 feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters
- In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier
- Yelling and Shouting: Yelling, shouting, whistling, hooting, or generally creating a racket on public rights of way or public spaces between the hours of 8 p.m. and 10 a.m. the following day so as to annoy or disturb the quiet, comfort or repose of persons in any business or residence, or of any person in the vicinity. (Ordinance 00-3. Passed 3-2-00.)
508 Animal Cruelty; Minimum Standards of Care for Domestic Animals
Section 1: Cruelty to Animals
- No person shall cruelly mistreat, abandon or withhold from a domestic animal food, water, shelter that protects from the elements, exercise or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandon any domesticated animal to die, or intentionally, knowingly, or recklessly leave an animal unattended and confined in a motor vehicle when physical injury to or death of an animal is likely to result, or ride an animal when it is physically unfit, or bait or harass any animal for the purpose of making it perform for a person’s amusement, or cruelly chain, tether or confine outside any animal or use, train or possess any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal.
- Exceptions: Nothing in subsection (a) of this section shall be deemed to prohibit:
- Any action by licensed veterinarian done in accordance with accepted standards of veterinary care.
- Any action taken by a law enforcement officer pursuant to the interests of public health and safety.
- Any act done in self- defense or done to defend another person or animal.
- Any action to train domesticated animals using customary and accepted methods.
Section 3: Outdoor Dog Pens
- Each outdoor pen shall be of adequate square footage for each dog kept in an outdoor pen. For an average or large sized dog, a pen of 100 square is recommended. Size requirements may be determined adequate if the dog has space to exercise freely or is provided with daily exercise. This determination will be left to discretion of the humane officer or law enforcement officer.
- The dog is not tethered outside during extreme weather, including, but not limited to extreme heat or near freezing temperatures, thunderstorms, tornadoes, or floods, unless adequate food, potable water, shade and protection is provided.
- The dog must be provided with shade or protection from the sun or elements by either natural or man-made means.
Section 4: Food & Water
- The animal must have adequate food and water:
- Potable water must be available at all times.
- It must not be allowed to freeze without replacement.
- The Food and water container must be placed out of the sun.
- Food and water is to provided in a clean container and situated or fastened in such a manner to prevent overturning.
- Food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the daily requirements for the condition and size of the animal.
Section 5: Shelter
All domestic animals shall be provided with sanitary and safe shelter from the elements. Said shelter shall be designed, constructed and maintained to protect the animal from rain, snow, ice, excessive cold, excessive heat and excessive direct sunlight, and of adequate size to allow the animal sufficient space to stand, turn around, and lie down, and make all other normal body movements in a normal and comfortable position appropriate to the age, size, and health of the animal. An owner must promptly remove and dispose of animal excrement and food wastes and debris so as to minimize vermin infestation, contamination, odors, and disease hazards. It shall be windproof and moisture- proof structure. The structure shall be provided with a sufficient quantity of suitable bedding material. The containment area shall be free of accumulated debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris. A suitable method of draining shall be provided to eliminate excess water or moisture. Animals shall not be left outside without adequate shelter during extreme weather.
Examples of inadequate shelters include, but are not limited to:
- Area on or beneath exposed porches or decks
- Metal or Plastic Drums
Section 6: Jurisdiction
The court shall have concurrent jurisdiction with respect to misdemeanors under this ordinance.
Section 7 Enforcement; Penalties for Violation of Section 1, 2, 3, 4, 5
- First offense: Any Humane officer, law enforcement officer or animal control officer who determines an animal is being kept in violation of any section of this ordinance shall issue a warning to the owner or guardian of the animal or property owner on which the violation is present. The owner or guardian will be given a reasonable amount of time to correct the violation, not to exceed 72 hours,
- Second offense: If after receiving a warning, the animal continues to show evidence of cruelty or inhumane treatment as set forth in this ordinance, the owner or guardian of the animal shall be guilty of a misdemeanor and, upon conviction there, of shall be fined not less than one hundred nor more than 500 dollars.
- Third offense: If, after the Second Offense, the animal continues to show evidence of cruelty or inhumane treatment as set in this ordinance, the owner or guardian of the animal shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than 300 hundred nor more than 1,000 dollars.
- In addition to the fines and penalties imposed by this section, any defendant convicted of violation under this ordinance shall pay the humane society or other animal care provider a penalty for all reasonable expenses incurred for the care, treatment, and boarding of any animal taken into custody pursuant to subsection (a)(4) of this section.
Effective date: October 3, 2013