{\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fcharset0 Times New Roman;}{\f1\fswiss\fcharset0 Arial;}} {\colortbl ;\red0\green0\blue255;} {\*\generator Msftedit 5.41.15.1507;}\viewkind4\uc1\pard\sb100\sa100\f0\fs24 Chapter 5 ANIMALS* \par \line __________ \par *Cross references: Animal control advisory committee, \'a7 2-1381 et seq.; environmental management, ch. 12; health and sanitation, ch. 14; animal fighting, \'a7 17-183; persons riding animals or driving animal-drawn vehicles, \'a7 25-3. \par State law references: Animals generally, Code of Ala. 1975, \'a7 3-1-1 et seq.; general authority relative to animals, Code of Ala. 1975, \'a7 11-47-110. \par \line __________\par Article I. In General \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-1%22,%220-0-0-767%22);"}}{\fldrslt{\cf1\ul Sec. 5-1. Definitions.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-2%22,%220-0-0-769%22);"}}{\fldrslt{\cf1\ul Sec. 5-2. Department of animal control.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-3%22,%220-0-0-771%22);"}}{\fldrslt{\cf1\ul Sec. 5-3. Disposition of fees.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-4%22,%220-0-0-773%22);"}}{\fldrslt{\cf1\ul Sec. 5-4. Citations and warrants.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-5%22,%220-0-0-775%22);"}}{\fldrslt{\cf1\ul Sec. 5-5. Minimum penalties.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-6%22,%220-0-0-777%22);"}}{\fldrslt{\cf1\ul Sec. 5-6. Cruelty to animals prohibited.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-7%22,%220-0-0-779%22);"}}{\fldrslt{\cf1\ul Sec. 5-7. Abandoning animals prohibited.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-8%22,%220-0-0-781%22);"}}{\fldrslt{\cf1\ul Sec. 5-8. Public nuisance.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-9%22,%220-0-0-783%22);"}}{\fldrslt{\cf1\ul Sec. 5-9. Noisy animals.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-10%22,%220-0-0-785%22);"}}{\fldrslt{\cf1\ul Sec. 5-10. Odor from animals.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-11%22,%220-0-0-787%22);"}}{\fldrslt{\cf1\ul Sec. 5-11. Sanitation of premises in which animals are kept.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-12%22,%220-0-0-789%22);"}}{\fldrslt{\cf1\ul Sec. 5-12. Humane traps.}}}\cf0\ulnone\f0\fs24 \par Secs. 5-13--5-40. Reserved. \par Article II. Dogs and Cats \par Division 1. Generally \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-41%22,%220-0-0-791%22);"}}{\fldrslt{\cf1\ul Sec. 5-41. License--Required; fee.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-42%22,%220-0-0-793%22);"}}{\fldrslt{\cf1\ul Sec. 5-42. Same--Issuance.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-43%22,%220-0-0-795%22);"}}{\fldrslt{\cf1\ul Sec. 5-43. Harboring dogs or cats.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-44%22,%220-0-0-797%22);"}}{\fldrslt{\cf1\ul Sec. 5-44. Duty to restrain dogs and cats.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-45%22,%220-0-0-799%22);"}}{\fldrslt{\cf1\ul Sec. 5-45. Confinement of dogs or cats during estrus (heat).}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-46%22,%220-0-0-801%22);"}}{\fldrslt{\cf1\ul Sec. 5-46. Chaining of dogs or cats.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-47%22,%220-0-0-803%22);"}}{\fldrslt{\cf1\ul Sec. 5-47. Duty of owner to remove overturned or scattered garbage.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-48%22,%220-0-0-805%22);"}}{\fldrslt{\cf1\ul Sec. 5-48. Duty of owner for removal of feces.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-49%22,%220-0-0-807%22);"}}{\fldrslt{\cf1\ul Sec. 5-49. Companion dog accompanying disabled person (blind, deaf, etc.).}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-50%22,%220-0-0-809%22);"}}{\fldrslt{\cf1\ul Sec. 5-50. Transporting animals into city for purpose of impounding.}}}\cf0\ulnone\f0\fs24 \par Secs. 5-51--5-70. Reserved. \par Division 2. Impoundment \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-71%22,%220-0-0-811%22);"}}{\fldrslt{\cf1\ul Sec. 5-71. Stray dogs or cats.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-72%22,%220-0-0-813%22);"}}{\fldrslt{\cf1\ul Sec. 5-72. Confinement of dogs or cats running at large; confinement of dogs or cats turned in by owner or person in charge; disposition of dogs or cats confined.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-73%22,%220-0-0-815%22);"}}{\fldrslt{\cf1\ul Sec. 5-73. Redemption and adoption.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-74%22,%220-0-0-817%22);"}}{\fldrslt{\cf1\ul Sec. 5-74. Charges for confinement and caring.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-75%22,%220-0-0-819%22);"}}{\fldrslt{\cf1\ul Sec. 5-75. When disposal may take place.}}}\cf0\ulnone\f0\fs24 \par Secs. 5-76--5-100. Reserved. \par Article III. Animals Other Than Dogs and Cats Specifically \par Division 1. Generally \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-101%22,%220-0-0-821%22);"}}{\fldrslt{\cf1\ul Sec. 5-101. Violations of this article.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-102%22,%220-0-0-823%22);"}}{\fldrslt{\cf1\ul Sec. 5-102. Authority of health officer.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-103%22,%220-0-0-825%22);"}}{\fldrslt{\cf1\ul Sec. 5-103. Keeping of hogs.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-104%22,%220-0-0-827%22);"}}{\fldrslt{\cf1\ul Sec. 5-104. Keeping exotic, wild animals; keeping vicious and/or poisonous animals; keeping venomous reptiles.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-105%22,%220-0-0-829%22);"}}{\fldrslt{\cf1\ul Sec. 5-105. Distance of corrals, pens or stables from dwellings.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-106%22,%220-0-0-831%22);"}}{\fldrslt{\cf1\ul Sec. 5-106. Minimum area of corrals.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-107%22,%220-0-0-833%22);"}}{\fldrslt{\cf1\ul Sec. 5-107. Minimum area of pens.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-108%22,%220-0-0-835%22);"}}{\fldrslt{\cf1\ul Sec. 5-108. Capturing or killing birds; abatement of birds; city declared bird sanctuary.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-109%22,%220-0-0-837%22);"}}{\fldrslt{\cf1\ul Sec. 5-109. Horses not to stand in streets unless hitched or attended.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-110%22,%220-0-0-839%22);"}}{\fldrslt{\cf1\ul Sec. 5-110. Farm animals, exotic animals or reptiles running at large.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-111%22,%220-0-0-841%22);"}}{\fldrslt{\cf1\ul Sec. 5-111. Stray animals may be taken up.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-112%22,%220-0-0-843%22);"}}{\fldrslt{\cf1\ul Sec. 5-112. Driving animals into city for purpose of impounding.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-113%22,%220-0-0-845%22);"}}{\fldrslt{\cf1\ul Sec. 5-113. Giving away animals as prizes.}}}\cf0\ulnone\f0\fs24 \par Secs. 5-114--5-130. Reserved. \par Division 2. Impoundment \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-131%22,%220-0-0-847%22);"}}{\fldrslt{\cf1\ul Sec. 5-131. Impoundment authorized; disposal of farm animals, exotic animals, or reptiles.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-132%22,%220-0-0-849%22);"}}{\fldrslt{\cf1\ul Sec. 5-132. Charges for advertising and care of impounded animals.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-133%22,%220-0-0-851%22);"}}{\fldrslt{\cf1\ul Sec. 5-133. Owner entitled to proceeds of sale.}}}\cf0\ulnone\f0\fs24 \par Secs. 5-134--5-150. Reserved. \par Article IV. Dead Animals \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-151%22,%220-0-0-853%22);"}}{\fldrslt{\cf1\ul Sec. 5-151. Penalties.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-152%22,%220-0-0-855%22);"}}{\fldrslt{\cf1\ul Sec. 5-152. Disposal limited.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-153%22,%220-0-0-857%22);"}}{\fldrslt{\cf1\ul Sec. 5-153. Disposal generally.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-154%22,%220-0-0-859%22);"}}{\fldrslt{\cf1\ul Sec. 5-154. Appropriate city official notification.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-155%22,%220-0-0-861%22);"}}{\fldrslt{\cf1\ul Sec. 5-155. Removal by the city.}}}\cf0\ulnone\f0\fs24 \par {\field{\*\fldinst{HYPERLINK "javascript:parent.setJumpLink(%2212962%22,%22ch005.x1-5-156%22,%220-0-0-863%22);"}}{\fldrslt{\cf1\ul Sec. 5-156. Fees for removal by city.}}}\cf0\ulnone\f0\fs24 \par \line ARTICLE I. IN GENERAL \par \line Sec. 5-1. Definitions. \par 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: \par Animal means any organism of the kingdom Animalia other than a human being, especially a mammal, fish, bird or reptile. \par Animal control center means the place designated or used as such by the city for a place of confinement for animals held under the authority of this chapter. \par Animal control officers means the director and all enforcement officers assigned to the animal control center. \par At large means any animal off the property of its owner or person in charge and not carried by such person, or kept in an effective enclosure, or under control by means of a leash, or any animal on the real property of its owner or person in charge not under restraint. \par Bird means any warm-blooded vertebrate of the class Aves that has a body covered with feathers and forelimbs modified into wings. \par Bitten means seized with the teeth or claws, so that the skin of the person or animal seized has been nipped or gripped, or has been wounded or pierced, and includes suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane, as determined by a licensed physician. \par Cage means an enclosed structure that confines animals and restricts access of other animals. \par Caged means confined in a cage, which may include a vehicle, in such a way that the free movement of an animal is restricted so that the caged animal is prevented from biting or attacking a person or animal. \par Canine corps dogs means those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. Seeing Eye dogs shall be included within the meaning of this definition. \par Cat means any member of the domestic feline family, three months of age or older. \par Cattery means an establishment or structure used for harboring, raising or boarding more than three cats that are more than six months old. \par Corral means any uncovered, enclosed parcel of land in which animals, typically horses or cattle, are kept. \par Director means the director of the department of animal control. \par Dog means any member of the domestic canine family three months of age or older. \par Dog presumed to be vicious means any dog that is known by the owner or person in charge to chase moving vehicles, or to charge persons on public streets, in public parks or public park areas, whether or not such dog has actually bitten or attacked a person or other domestic animal; or any dog that has been trained as a guard dog and has bitten or attacked a person or other animal. \par Exotic means an animal which would ordinarily be confined to a zoo, or one which would ordinarily be found in a wilderness of this or any other country; or a species of animal not indigenous to the United States or to North America or which causes zoonotic diseases or one which otherwise causes a reasonable person to be fearful of significant destruction of property or of bodily harm, the latter including but not limited to raccoons, bobcats, coyotes, wolves, hybrid wolves, Vietnamese pot bellied pigs, monkeys and other such animals. Wild or exotic animals specifically include all species of reptiles but do not include animals of a species customarily used in the state as ordinary household pets, animals of a species customarily used in the state as domestic farm animals, fish confined in an aquarium, birds or insects. \par Fowl means a domestic bird used in the market or household for food consumption, such as a chicken, duck, goose, guinea, peafowl, turkey, pheasant, pigeon or other avian species. \par Has been exposed means seized with the teeth or claws, so that the skin of the person or animal seized has been nipped or gripped, or has been wounded or pierced and includes suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane, as determined by a licensed physician. \par Health department means the county department of public health. \par Horse means any member of the equine family. \par Humane means characterized by tenderness, compassion and sympathy for animals. \par Humane trap means an enclosure in which an animal can be caught without causing injury, pain or undue suffering to the animal after being caught. \par Immunization against rabies means the injection, in a manner approved by the state health officer and the state veterinarian, of antirabies vaccine approved by the state health officer and the state veterinarian. The administration of antirabies vaccine to species other than those for which reliable immunization data is available shall be a violation of Code of Ala. 1975, tit. 3, ch. 7A (Code of Ala. 1975, \'a7 3-7A-1 et seq.). \par Keep means confine, harbor and allow to remain. \par Kennel means an establishment or structure used for harboring, raising, training or boarding more than three dogs that are more than six months old. \par Kitten means any member of the domestic feline family less than three months of age. \par Nuisance animal means an animal that threatens the safety of or damages a member of the general public or interferes with the ordinary use and enjoyment of another's property. \par Owner means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who permits an animal to remain on or about any premises occupied by him. \par Pen means an enclosure for housing and feeding small animals. \par Person in charge means any person in whose charge the animal is being kept, and all the responsible adult members of the household in which an animal is kept or allowed or suffered to remain. \par Public nuisance means any animal, or any condition resulting from an animal, that unreasonably annoys human beings, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than its owners, to enjoyment of life or property. \par Puppy means any member of the domestic canine family less than three months of age. \par Quarantine for rabies observation means confinement under the direct care, custody, control and supervision of a licensed veterinarian for a period of ten days subsequent to the date of the exposure, or as otherwise directed by the health officer. \par Rabies officer means a licensed veterinarian duly appointed by the county board of health and approved by the state health officer and state veterinarian. \par Reptile means any cold-blooded vertebrate of the class reptilia that has a body covered with scales. This includes, but is not limited to, the families of snakes, lizards, chelonians, crocodilians and Tuataria. \par Restraint off premises means restrained by means of a leash or humane restraining device. \par Restraint on premises means 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 or humane restraining device affixed to a securely fixed object. \par Run means an enclosed structure that confines animals and restricts access to or from other animals. \par Shelter for outdoor dog means a shelter with a roof, enclosed sides, a doorway and a solid floor that provides protection from the elements. \par Stable means a building for the lodging and feeding of horses, cattle, etc. \par Stray animal means any animal running at large, the owner or person in charge of which is unknown. \par Swine means any member of the porcine family. \par Vicious animal means any animal that is known to have bitten or attacked a person or other animal without provocation or cause; or, additionally, in the case of a dog, one that has been trained as a guard dog, or otherwise, to attack persons or domestic animals. \par Wild animal means the same as "exotic animal." \par (Ord. No. 95-693, \'a7 5-1, 10-12-1995; Ord. No. 99-1036, \'a7 1, 12-9-1999) \par Cross references: Definitions generally, \'a7 1-2. \par \line Sec. 5-2. Department of animal control. \par (a) The department of animal control shall be under the general supervision and control of the director of the animal control center. The director of the animal control center shall be a department head of the city and shall be appointed by the mayor subject to the approval of the city council as provided by law. The director of the animal control center shall hold office for the term of the mayor making the appointment. The director of the animal control center shall be under the general supervision and control of the mayor and shall administer the department in accordance with city policies and procedures and the laws of the state. Generally, the director of the animal control center shall be available to councilmembers to respond to requests for information or questions related to matters under the general control of the director of the animal control center which are pertinent to the performance of a councilmember's duties. \par (b) All enforcement officers assigned to the animal control center shall be known as animal control officers. 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. \par (Ord. No. 95-693, \'a7 5-2(b), 10-12-1995; Ord. No. 96-845, 10-28-1996) \par \line Sec. 5-3. Disposition of fees. \par All moneys collected, as provided for in this chapter, shall be turned over and delivered forthwith to the city clerk-treasurer. \par (Ord. No. 95-693, \'a7 5-3, 10-12-1995) \par \line Sec. 5-4. Citations and warrants. \par When any animal is found by the director or by an animal control officer to be in violation of any provision of this chapter, except those provisions of section 5-6 involving violence to animals or as otherwise provided in this chapter and the person responsible becomes known to the director or to an animal control officer, he may issue a citation to the owner or person in charge for such violation, directing him to appear in the municipal court at a time and a date stated in the citation to answer to charges of violations of this chapter; and such charges shall be stated in the citation. For violations of section 5-6 involving violence or a threat of violence against an animal, 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 municipal court. \par (Ord. No. 95-693, \'a7 5-4, 10-12-1995) \par State law references: Citations, Code of Ala. 1975, \'a7 11-45-9.1. \par \line Sec. 5-5. Minimum penalties. \par Any person violating any provision of this chapter shall be punished as provided by section 1-7; however, when 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 follows: \par ANIMAL CITATION FINE SCHEDULE \par TABLE INSET: \par \trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 Violation Code \cell Offense \cell 1st Offense \cell 2nd Offense \cell 3rd Offense \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 200 \cell Failure to restrain or confine dog or cat \cell $ 20.00 \cell $ 25.00 \cell $50.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 201 \cell Failure to register obtain license/permit for animal \cell 15.00 \cell 25.00 \cell 50.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 202 \cell Failure to confine a female dog or cat in estrus (season/heat) \cell 25.00 \cell 50.00 \cell 200.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 203 \cell Failure to attach current license tag to animal \cell 15.00 \cell 25.00 \cell 50.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 204 \cell Failure to attach current rabies tag to animal \cell 15.00 \cell 25.00 \cell 50.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 205 \cell Confining animal or animals in pen less than minimum area or improper distance from occupied dwelling \cell 15.00 \cell 25.00 \cell 50.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 206 \cell Harboring vicious or dangerous animal \cell 25.00 \cell 50.00 \cell 100.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 207 \cell Cruelty to animals \cell 200.00 \cell 500.00 \cell Court\line only \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 208 \cell Maintaining a nuisance animal \cell 25.00 \cell 50.00 \cell 100.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 209 \cell Allowing an animal known or presumed to be vicious to be at large \cell 100.00 \cell 200.00 \cell 500.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 210 \cell Allowing an animal other than a dog or cat to run at large \cell 25.00 \cell 50.00 \cell 100.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 211 \cell Failure to obtain rabies vaccination \cell 20.00 \cell 25.00 \cell 50.00 \cell\row\trowd\trgaph10\trleft-10\trpaddl10\trpaddr10\trpaddfl3\trpaddfr3 \clvertalc\cellx940\clvertalc\cellx6829\clvertalc\cellx7608\clvertalc\cellx8387\clvertalc\cellx9166\pard\intbl\sb100\sa100 212 \cell Misuse of animal trap \cell 25.00 \cell 50.00 \cell 100.00 \cell\row\pard\sb100\sa100 The fines listed in this section are in addition to all applicable court costs. \par (Ord. No. 95-693, \'a7 5-5, 10-12-1995) \par State law references: Penalties for ordinance violations, Code of Ala. 1975, \'a7 11-45-9. \par __________ \par \line Sec. 5-6. Cruelty to animals prohibited. \par (a) It shall be unlawful if a person: \par (1) Fails to provide adequate food and water for any animal; \par (2) Overrides, overworks, overloads or overdrives any animal, causing physical pain or suffering; \par (3) Beats, tortures, injures, torments, poisons, deprives of necessary sustenance or mutilates any animal, causing physical pain, suffering or death; \par (4) Fails to provide adequate medical treatment for any sick, diseased or injured animal; \par (5) Keeps any animal under insanitary or inhumane conditions which are detrimental to the animal's health and general welfare, or fails to maintain the animal in a condition of good order or cleanliness which increases the probability of transmission of disease; \par (6) Teases, molests, baits or harasses any animal; \par (7) Sets any rabbit, raccoon, fox or other such animal loose for the purpose of chasing or hunting the animal or conducting a race using such animal; \par (8) Promotes, permits, stages, holds, manages, conducts, carries on, or attends any game, exhibition, contest, fight or combat involving one or more animals or involving animals and humans; \par (9) Fails to provide adequate shelter for an animal wherein the animal can be protected from the extremes of weather (heat, cold, rain, wind, sun, etc.), provided such person is the owner or person in charge of such animal; \par (10) Transports or carries any animal in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a cab or container, cage, cross-tether, or other device to prevent the animal from falling out of or being thrown from the vehicle; \par (11) Places or confines an animal or allows an animal to be placed or confined in a motor vehicle under such conditions or for such a period of time as to endanger the health or welfare of the animal because of temperature, lack of food or water, or such other conditions as may reasonably be expected to cause suffering, disability or death; \par (12) Restrains an animal with a leash or humane restraining device that is less than eight feet long, unless walking or training such animal; \par (13) Maintains any reptile in a manner that is deleterious to its health and well-being. Poor husbandry, poor nutrition and/or lack of proper preventative care are all considered cruel and deleterious to the welfare of the reptile and are unlawful; or \par (14) Sets loose any reptile that is not native to the climate of North Alabama. \par (b) Any person who unlawfully or maliciously kills, disables, disfigures or injures any animal shall be guilty of a misdemeanor; but this subsection shall not be construed as prohibiting the dehorning of cattle. \par (Ord. No. 95-693, \'a7 5-11, 10-12-1995; Ord. No. 99-1036, \'a7 2, 12-9-1999) \par State law references: Cruelty to animals, Code of Ala. 1975, \'a7 13A-11-14. \par \line Sec. 5-7. Abandoning animals prohibited. \par It shall be unlawful for any person to transport any domestic animal or any exotic animal, including reptiles, into the city and subsequently abandon or set loose the animal with the intent of avoiding the responsibility for its custody and care. Further, it shall be unlawful for any person to transport any domestic animal or any exotic animal, including reptiles not native to the climate of North Alabama, out of the city limits and subsequently abandon or set loose the animal with the intent of avoiding the responsibility for its custody and care. \par (Ord. No. 95-693, \'a7 5-12, 10-12-1995; Ord. No. 99-1036, \'a7 3, 12-9-1999) \par State law references: Destruction of abandoned animals by SPCA, Code of Ala. 1975, \'a7 3-1-8. \par \line Sec. 5-8. Public nuisance. \par It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner as to constitute a public nuisance. By way of example and not of limitation, the following acts or actions by an owner or person in charge of an animal are declared to be public nuisances and are therefore unlawful: \par (1) Allowing or permitting an animal to damage the property of anyone other than its owner, including but not limited to getting into or turning over garbage containers, or damaging gardens, flowers and vegetables, or defecating upon the property of another. \par (2) Maintaining an animal in an insanitary environment which results in offensive odors or danger to the animal or to the public health, safety or welfare; or failing to maintain the animal in a condition of good order and cleanliness which increases the probability of disease transmission. \par (3) Maintaining the owner's property in a manner that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of animals on the property. \par (4) Allowing or permitting an animal to bark, whine, howl, crow or cackle in an excessive or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring premises. \par (5) Maintaining an animal that is diseased or dangerous to the public health without adequate medical treatment. \par (6) Maintaining an animal that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, joggers, bicycles or other vehicles, or animals being walked on a leash. \par (Ord. No. 95-693, \'a7 5-13, 10-12-1995) \par \line Sec. 5-9. Noisy animals. \par (a) It shall be unlawful and a nuisance for any person to keep on a residential lot or premises within the city any animal or group of animals, known to such 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 a person of ordinary sensibilities within the neighborhood in the reasonable use and enjoyment of adjacent property. \par (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 housed in a corral, kennel, building or other structure, under such circumstances that the sounds or noises emitted by such 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. \par (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. \par (Ord. No. 95-693, \'a7 5-14, 10-12-1995) \par Cross references: Noise, \'a7 12-231 et seq. \par \line Sec. 5-10. Odor from animals. \par (a) It shall be unlawful and a nuisance for any person to keep on a residential lot or premises within the city any animal or group of animals, known to such person habitually, continuously or intermittently to create offensive odors so as to interfere with the reasonable use and enjoyment of adjacent property or neighboring premises. \par (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 housed in a corral, stable, pen, kennel, building or other structure, under such circumstances that the odor interferes with the reasonable use and enjoyment of adjacent property or neighboring premises. \par (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. \par (Ord. No. 95-693, \'a7 5-15, 10-12-1995) \par \line Sec. 5-11. Sanitation of premises in which animals are kept. \par (a) It shall be unlawful for any owner or person in charge to keep or maintain a yard, run, corral, pen, stable or any enclosure in which animals are kept in such an insanitary condition that the lives, or health of the public generally, of the owner, person in charge, his family or the animals contained shall be endangered. This condition will be deemed to exist when the yard, pen or enclosure shows evidence of not being cleaned daily (each day). The presence in or about such yard, pen, stable or enclosure offlies, the live larvae of flies, roaches, rats or other vermin or conditions that permit or favor the growth, existence or development of such vermin or conditions shall be prima facie evidence of failure to comply with this section. All debris and residue shall be removed daily and disposed of in a proper and sanitary manner. All yards, runs, corrals, pens, stables or enclosures in which animals are kept shall comply with all pertinent regulations of the health department. \par (b) Any owner or person in charge of a corral, pen, stable or enclosure wherein animals are kept shall be required to contain and treat all stormwater runoff from such corral, pen, stable or enclosure so as to meet the pollutant limitations included in the city National Pollutant Discharge Elimination System (NPDES) stormwater permit issued by the state department of environmental management. A retention pond shall be required at such places if containment and treatment of stormwater runoff without a retentionpond will result in stormwater discharge that is not within effluent discharge limitations as provided in the city's NPDES permit. \par (Ord. No. 95-693, \'a7 5-16, 10-12-1995) \par \line Sec. 5-12. Humane traps. \par (a) The director or any animal control officer is authorized, in order to apprehend animals in violation of this chapter, which are otherwise difficult to apprehend, to use traps humanely designed to capture such animals by placing the traps 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. \par (b) It shall be the duty of the director or an animal control officer to check such traps daily and remove captured animals to the animal control center where they shall be disposed of as otherwise provided in this chapter. \par (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 animal control officer in setting or servicing any such trap. \par (d) Any owner or person in charge of any premises within the city may set his own humane trap on such premises for the purpose of trapping and removing any animals, except songbirds, which have entered the premises. The owner or person in charge must notify the director or an animal control officer prior to setting his own trap. Use of one's own trap pursuant to this section shall be coordinated with the director or an animal control officer to make sure such trapping is conducted at times consistent with the operating hours of the animal control center, it being the intent of this section that no captured animal remain trapped for more than 12 hours. It shall be the duty of the director or animal control officer to check such traps daily and remove captured animals to the animal control center where they shall be disposed of as otherwise provided in this chapter. It shall be a violation of this chapter for any owner or person in charge of any premises to do any of the following: \par (1) Use any trap to capture or remove songbirds; \par (2) Use any trap on any premises not his own or not under his charge; \par (3) Fail to inspect any trap at least every 12 hours; \par (4) Fail to deliver any animal captured to the city animal control center or to the animal's owner, if known, within 12 hours of its entrapment; and if the animal's owner is unknown, fail to notify the city animal control center within 12 hours of its entrapment; \par (5) Fail to exercise reasonable care and diligence to avoid injury to the trapped animal; or \par (6) Use or permit to be used any leghold trap or snare unless authorized by the health officer. \par (e) Before any person shall be permitted to obtain a humane trap from the animal control center for use on his own premises or premises over which he is in charge, such person shall sign a statement that he has been advised that the acts or failures to act enumerated in subsection (d) of this section constitute a violation of this chapter. \par (f) Any owner or person in charge of any dog or cat captured in a humane trap that is off the premises of the owner or person in charge shall be prima facie presumed to have allowed, suffered or permitted such animal to be or run at large. If at any time a dog or cat 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 5-4. \par (Ord. No. 95-693, \'a7 5-17, 10-12-1995) \par Secs. 5-13--5-40. Reserved.\par ARTICLE II. DOGS AND CATS \par \line DIVISION 1. GENERALLY \par \line Sec. 5-41. License--Required; fee. \par (a) The owner or person in charge of any dog and/or cat which is more than four months of age and resides in the city shall annually register the dog and/or cat as to sex, breed, description, name and address of the owner or person in charge, and name of the dog and/or cat if any. At the time of such registration, such owner or person in charge shall, upon providing proof of a valid rabies vaccination, obtain a license for such dog and/or cat and shall pay a license tax or fee as follows: \par (1) Spayed or neutered: $5.00 if registered in 2004 and $10.00 if registered in 2005 or thereafter; \par (2) Unspayed or unneutered: $20.00, if registered in 2004 and $25.00 if registered in 2005 or thereafter; or \par However, when a license is issued for a dog or cat too young to be subjected to alteration because it is less than six months old at the time the license is issued, and the dog or cat is altered subsequent to the beginning of the next license year, upon proof of the alteration, the director may issue a license at no charge for the following license year period only. \par (b) An owner or person in charge of a dog and/or cat, upon providing proof that the animal meets the criteria provided in subsection (a) and also that the animal has been sterilized, may choose to purchase a life-time license rather than the annual license required under subsection (a). The life-time license tax or fee shall be as follows: \par (1) Spayed or neutered: $20.00, if registered in 2004 and $35.00 if registered in 2005 or thereafter; \par (2) Unspayed or unneutered: Not available. \par (c) Upon the written recommendation of a licensed veterinarian, a waiver may be granted to the spay or neuter requirement when it is determined that age or health reasons may be reason for exemption. In those cases, the fee appearing in subsection (a)(1) above will be charged. \par (Ord. No. 95-693, \'a7 5-26, 10-12-1995; Ord. No. 03-1065, \'a7 1, 12-18-2003) \par State law references: Rabies control, Code of Ala. 1975, \'a7 3-7A-1 et seq. \par \line Sec. 5-42. Same--Issuance. \par (a) At the time of registration under this article, such owner or person in charge shall obtain a license for such dog or cat issued by the director or his agent and shall be issued a metal tag or decal suitable for affixing to the license tag as evidence of such license, effective for one year from the date of issue. The license must be renewed each year on or before the anniversary date of issue. Each person renewing a license more than 30 days after the anniversary date shall be charged a $10.00 late fee. Novalid license tag or valid decal shall be issued for any dog or cat until such dog or cat has been inoculated against rabies in accordance with state law. The provisions of this section shall not apply to dogs or cats whose owners are nonresidents, temporarily within the city for a period not exceeding 30 days. \par (b) The owner or person in charge shall, at all times, keep the tag affixed to the dog or cat. It shall be unlawful for any owner or 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, except for purposes of grooming or bathing, to remove a tag from a dog or cat tagged under the provisions of this section. It shall be unlawful for any person to place an unissued tag upon any dog or cat, 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. \par (c) The mayor, upon recommendation of the director and of the city clerk-treasurer, may authorize any licensed veterinarian, the Greater Huntsville Humane Society, or any other appropriate agent, to accept applications for issuance of, on behalf of the city, the license required in this article. Such agent shall be required to post bond as directed by the city clerk-treasurer, and at the expense of the city, to ensure the collection and payment of all amounts that may at any time be due the city under the agreement. As payment for such issuance, the agreement may allow up to ten percent of the cost of such license, or $1.00, whichever is greater, to be retained by the agent as compensation for services to the city. \par (Ord. No. 95-693, \'a7 5-27, 10-12-1995) \par \line Sec. 5-43. Harboring dogs or cats. \par It shall be unlawful for any person to harbor, keep custody or take care of more than three dogs or cats, six months old or older which are frequently outside the residence and on the premises; however, any owner of more than three cats licensed by the city at the time of the effective date of Ord. No. 95-693, which cats are frequently outside the residence and on the premises, shall be allowed to keep such cats so long as they are properly licensed by the city, until the cats are no longer living, or untilownership of such cats is transferred to a person residing at another premises who is in compliance with this article. The city shall not license additional cats for such owner until the number of licensed cats which are frequently outside the residence and on the premises is less than three. \par (Ord. No. 95-693, \'a7 5-28, 10-12-1995) \par \line Sec. 5-44. Duty to restrain. \par (a) Dogs. It shall be the duty of every owner or person in charge of a dog to keep the animal under effective restraint, while the dog is within the city, whether or not the dog is upon or away from his 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 is 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 ormaintain effective restraint shall not be a defense. 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. \par (b) Cats. It shall be unlawful for the owner or any person having custody or control of any cat within the city to allow such cat to be a nuisance, cause destruction or damage to the property of another, or to run at large; however, 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 municipal court. \par (Ord. No. 95-693, \'a7 5-29, 10-12-1995) \par \line Sec. 5-45. Confinement of dogs or cats during estrus (heat). \par (a) Every female dog or cat in estrus (heat) will be confined by the owner or person in charge in a solid-floored building or structure designed so that the dog or cat cannot come into contact with the ground underneath the floor or with the ground surrounding the structure, so that the scent from the cat or dog will not be transmitted to the neighborhood, or to places where other cats or dogs on the owner's premises are kept. If at any time the scent from a female cat or dog in heat is found to be causing a disturbance to cats or dogs in the neighborhood, it shall be the duty of the owner or person in charge of the dog or cat to confine, immediately, the dog or cat in such a manner as to avoid a disturbance. \par (b) Every female dog or cat in estrus (heat) shall be confined in a building or structure by the owner or person in charge in such a manner that the female dog or cat cannot come into contact with another dog or cat except for planned breeding. \par (c) 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 shall be punished as provided by section 5-5. \par (Ord. No. 95-693, \'a7 5-30, 10-12-1995) \par \line Sec. 5-46. Chaining of dogs or cats. \par Animals shall not be tied or chained in a manner that presents a hazard to themselves or to the general public. \par (Ord. No. 95-693, \'a7 5-36, 10-12-1995) \par \line Sec. 5-47. Duty of owner to remove overturned or scattered garbage. \par It shall be the duty of the owner or person in charge of any dog or cat which has been allowed or suffered by such person to run at large, to pick up and remove to the landfill, or 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 adjacent right-of-way, upon demand from the owner or occupant, or upon demand of the director or any animal control officer under the supervision of the director. It shall be unlawful for any such person to fail or refuse to do so; however, 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. \par (Ord. No. 95-693, \'a7 5-37, 10-12-1995) \par \line Sec. 5-48. Duty of owner for removal of feces. \par (a) It shall be the duty of the owner or person in charge of any dog or cat to remove and dispose of any feces deposited by the animal upon the grounds of any public park or public place, upon any residential lot of another occupied for human habitation, or upon any adjacent right-of-way, and will be done on demand by the owner or occupant or the director or any animal control officer. \par (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. \par (Ord. No. 95-693, \'a7 5-38, 10-12-1995) \par \line Sec. 5-49. Companion dog accompanying disabled person (blind, deaf, etc.). \par 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 companion dog to accompany a disabled person entering such place or making use of the accommodations available when such person is being accompanied by a companion dog provided such companion dog is wearing a harness, such disabled person shall present for inspection credentials issued by an accredited school for training companion animals. \par (Ord. No. 95-693, \'a7 5-39, 10-12-1995) \par \line Sec. 5-50. Transporting animals into city for purpose of impounding. \par It shall be unlawful for any person to drive or bring or attempt to drive or bring any animal into the city for the purpose of having the animal impounded; however, dogs and cats brought in from outside the city may be accepted by the director or an animal control officer from the owner or other person in charge for immediate disposal or adoption only. \par (Ord. No. 95-693, \'a7 5-40, 10-12-1995) \par Secs. 5-51--5-70. Reserved.\par DIVISION 2. IMPOUNDMENT \par \line Sec. 5-71. Stray dogs or cats. \par Any person in the city finding any dog or cat running at large about his premises or residence, or the residence of which he is in charge, whether or not the owner or person in charge of the animal is known, may have such animal confined by the director or an animal control officer. \par (Ord. No. 95-693, \'a7 5-31, 10-12-1995) \par \line Sec. 5-72. Confinement of dogs or cats running at large; confinement of dogs or cats turned in by owner or person in charge; disposition of dogs or cats confined. \par (a) Any dog or cat found running at large within the city is declared to be a nuisance and shall be seized by the director or an animal control officer and confined at the animal control center and cared for in a humane manner for a period of not less than five days; however, the director may dispose of any dog or cat so confined, failing to have a nameplate, license or current rabies tag affixed in accordance with section 5-42 after only three days' confinement. In addition to or in lieu of confining a dog orcat 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. The owner or person in charge may be cited in accordance with the provisions in this article. \par (b) Immediately upon confinement of a dog or cat, the director shall make reasonable effort to ascertain the identity of and notify the owner or person in charge of such dog or cat of its confinement and of the conditions under which possession of such animal may be regained. \par (c) If not claimed by the owner or person in charge, the city may transfer ownership of any dogs or cats held at the city animal control center after the expiration of the legal detention period, to the Greater Huntsville Humane Society, or any animal agency that can provide Internal Revenue Service nonprofit status and is approved by resolution of the city council provided the authorized agent of the Greater Huntsville Humane Society or other approved agency, upon obtaining possession of each such dog or cat,shall agree not to release the animal to any person other than the owner or person in charge until the following requirements have been met: \par (1) Dogs and cats three months of age or older have received a rabies inoculation; \par (2) Male dogs and cats one year of age or older have been neutered; \par (3) Female dogs and cats six months of age or older have been spayed; and \par (4) Male dogs and cats less than one year of age and female dogs and cats less than six months of age shall be adopted with the proviso in the certificate of adoption requiring neutering or spaying at the proper age with the proviso being accepted and signed by the adopter. \par (d) The city shall not transfer ownership under subsection (c) of this section of any dog or cat known to have bitten a person or animal without justifiable provocation. \par (e) The city shall not transfer ownership under subsection (c) of this section of any dog or cat that is maimed or diseased and, in the opinion of the director, not suitable for adoption. This subsection, however, shall not be construed to preclude transfer of an injured, maimed or diseased dog or cat to a veterinarian agreeable with the Greater Huntsville Humane Society, or other approved agency, with payment for subsequent veterinary service to be made by the Greater Huntsville Humane Society or by other approved agency, respectively, when it is mutually agreed to by the authorized agent of the Greater Huntsville Humane Society, or the authorized agent of an approved agency and the director or authorized animal control officer. \par (f) If the owner of an injured animal is unknown and the animal has been hospitalized by a licensed veterinarian for a period of five days, the animal may be released to the veterinarian upon his request. \par (g) Any dog or cat turned in by the owner or person in charge shall be available for immediate adoption in accordance with section 5-73, or for transfer in accordance with this section but shall otherwise be confined for a period of not less than three days provided space is available at the discretion of the director. \par (Ord. No. 95-693, \'a7 5-32, 10-12-1995) \par \line Sec. 5-73. Redemption and adoption. \par (a) The owner or person in charge, entitled to possession of any dog or cat confined under the provisions of this article, may recover possession of such dog or cat upon payment of the charges set forth in section 5-74 to the director provided such owner or person in charge entitled to recover possession of any dog or cat three months of age or older shall produce a certificate or evidence satisfactory to the director that such dog or cat has, within 12 months prior to confinement, been inoculated for rabies and 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 or satisfactory evidence of inoculation for rabies and of proper licensing of the dog or cat within the 12-month period prior to the confinement of the dog or cat, before the director shall release the dog or cat, fees must be paid for the inoculation and city license. \par (b) It shall be unlawful for any person to secure any dog or cat from the animal control center without authority to do so. \par (c) 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 its impoundment. \par (d) Prior to the adoption of an animal from the animal control center, the adoption application must be completed. Based on the information provided on the application, the director or his representative has the right to deny the request to adopt an animal if he feels that the person is unable to provide a suitable home to care for the animal properly and prevent it from being a nuisance. \par (e) Upon approval to adopt an animal from the animal control center, the adoption agreement must be signed. Failure to agree to the terms of the adoption agreement shall be grounds for disqualification. \par (f) Upon the adoption of any animal from the animal control center, the adopter shall deposit the amount of money required for a rabies vaccination and city license, and a deposit for sterilization (spaying or neutering), if applicable as established by the director. The sterilization deposit will be refunded if requested upon presentation of proof of sterilization prior to adoption. \par (g) Animals must be sterilized in accordance with the terms of the adoption agreement. \par (h) 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 shall be punished as provided by section 5-5. \par (Ord. No. 95-693, \'a7 5-33, 10-12-1995; Ord. No. 99-1036, \'a7 5, 12-9-1999) \par \line Sec. 5-74. Charges for confinement and caring. \par (a) The city shall charge and collect fees from owners who redeem their animals. The director of the animal control center shall have the authority to establish a fee schedule entitled "Fee Schedule for Animal Control Center" for the following categories: \par (1) Impounding: dog or cat; \par (2) Boarding: dog and cat per day; \par (3) Adoption: dog or cat; \par (4) Special fees: pickup, replacement tags, dead animal pickup, disposal, etc. \par (b) The fee schedule shall be reviewed annually, and any recommended changes shall be approved by the city council. \par (c) The fee schedule will not include applicable charges for any license or rabies vaccination that is required by this article or other applicable law. \par (d) Animals may not be adopted by original owners or their immediate family members so as to avoid paying a violation fine or redemption fee. \par (Ord. No. 95-693, \'a7 5-34, 10-12-1995) \par \line Sec. 5-75. When disposal may take place. \par (a) After a dog or cat has been confined for the period of time provided by section 5-72, and if the owner or person in charge entitled to possession fails to make application for the release of such dog or cat, as provided in this article, or fails to pay the charges as provided in this article, or fails to pay for the proper inoculation for rabies, or if such satisfactory evidence as required by section 5-73 was not provided, or if ownership is not transferred by the city in accordance with section 5-72, thensuch dog or cat is 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 humanely to be destroyed as provided in this article; however, any puppy or kitten under two weeks old or whose eyes have not opened may be humanely disposed of immediately upon being impounded when found to be in violation of this chapter. \par (b) The director, or any animal control officer authorized by the director to carry a firearm, 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 dog or cat or in otherwise keeping the dog or cat, it shall become an immediate hazard to the safety of the person or to the safety of persons or animals in the immediate vicinity. \par (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, together with a representative of the Greater Huntsville Humane Society, or by the director or his representative together with two reputable citizens, 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 year. \par (Ord. No. 95-693, \'a7 5-35, 10-12-1995) \par Secs. 5-76--5-100. Reserved.\par ARTICLE III. ANIMALS OTHER THAN DOGS AND CATS SPECIFICALLY \par \line DIVISION 1. GENERALLY \par \line Sec. 5-101. Violations of this article. \par Any person violating or aiding or abetting the violation of any provision of this article, or counterfeiting or forging any certificate or tag, or making any misrepresentation in regard to any matter prescribed by this article or rule promulgated under this article or except as otherwise provided, or resisting, obstructing or impeding any authorized officer in enforcing the provisions of this article, or refusing to produce for immunization any animal in his possession for which antirabies vaccine is recognized and recommended, or for failing to report an animal bite, shall be guilty of a misdemeanor, and for the purpose of enforcing this article, shall be fined not less than $25.00 or more than $500.00. \par (Ord. No. 95-693, \'a7 5-99, 10-12-1995) \par State law references: Penalties for ordinance violations, Code of Ala. 1975, \'a7 11-45-9. \par \line Sec. 5-102. Authority of health officer. \par The health officer or his authorized agent shall have the authority to quarantine or require confinement of any or all animals in any part or all of the city for such period of time and in such manner as he may determine whenever he considers such quarantine or confinement necessary for the control of rabies. The health officer or his authorized agent shall have the right at any time to move or cause to be moved to the animal control center or place designated by him for observation or examination any animal which is reasonably suspected to be afflicted with rabies, or which has bitten or otherwise injured a human being in such manner as would permit or favor the transmission of the virus of rabies, if such animal should be afflicted with rabies, or which has been or is reasonably suspected to have bitten or injured, or to have been in contact with another animal afflicted or reasonably suspected of being afflicted with rabies; and it shall be unlawful for any person to hinder, obstruct or interfere with thehealth officer or his authorized agent or deputy in the exercise of the authority conferred upon him. It shall be the duty of the health officer to destroy, or cause to be destroyed, any animal found to be afflicted with rabies. \par (Ord. No. 95-693, \'a7 5-96, 10-12-1995) \par \line Sec. 5-103. Keeping of hogs. \par (a) It shall be unlawful for any person to keep hogs within the city, except on established farms where hogs have been kept continuously since prior to the passage or amendment to this section; and under circumstances where no noise, odor or pollution violation or nuisance is occasioned; and at a place more than 300 yards from any residence, business house, church or schoolyard other than the residence of the owner or person in charge of the hogs. \par (b) All hogs in transit or housed or penned for sale at a duly authorized marketing place within the city shall be removed by sale, slaughtering or otherwise within eight days. All pens or enclosures wherein the hogs are kept shall have concrete floors with ample drains and water connections, as approved by the health department. These pens and enclosures shall be cleaned daily with suitable insecticides or deodorants, or both, as approved by the health department, so that fly control is satisfactorily maintained. \par (Ord. No. 95-693, \'a7 5-46, 10-12-1995) \par \line Sec. 5-104. Keeping exotic, wild animals; keeping vicious and/or poisonous animals; keeping venomous reptiles. \par (a) It shall be unlawful for any owner or person in charge to keep any wild or exotic animal on his premises unless such animal is registered with the animal control center. Registration shall be required within 30 days of residency within the city. \par (b) It shall be unlawful for a private individual to keep, maintain or house a venomous reptile. \par (c) It shall be unlawful for any owner or person in charge to suffer, allow or permit any animal that 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 restraint so as to prevent it from attacking or injuring a person or another animal. \par (d) It shall be unlawful for the owner or person in charge to keep or permit to be kept on any residential premises any vicious or poisonous animal for display or for exhibition purposes either gratuitously or for a fee. \par (e) It shall be unlawful to display an exotic animal or reptile unless a permit for such display has been obtained from the city animal control. \par (f) Privately owned poisonous or vicious animals shall not be allowed on any public street, sidewalk or other public way except in a fully enclosed cage or with adequate structural restraint. Any vicious or poisonous animal shall be securely and humanely confined or bound in such a manner as to prevent such animal from biting or attacking or frightening a person or another animal. The use of a leash, with or without a muzzle, shall not be considered adequate restraint. \par (g) The provisions of this section shall not apply to lawfully operated and located pet shops, zoological gardens, scientific research laboratories, circuses, veterinarians harboring such animals for purposes of providing professional medical treatment, or wildlife rehabilitators with proper permits. The confinement of wild or exotic animals must meet the regulations promulgated by the state wildlife commission, the minimum standards under the animal welfare act and all applicable rules promulgated by the United States Department of Agriculture. In addition to meeting these minimum standards, all such venomous reptiles and all such wild or exotic animals shall be confined, restrained and controlled in fully enclosed quarters and in such manner that the physical safety or property of any person lawfully entering the premises shall not be endangered, and so as to prevent escape of any such animal. \par (Ord. No. 95-693, \'a7 5-47, 10-12-1995; Ord. No. 99-1036, \'a7 4, 12-9-1999) \par \line Sec. 5-105. Distance of corrals, pens or stables from dwellings. \par It shall be unlawful for any owner or person in charge to keep any animal or fowl in the city in any corral, stable or pen any part of which is within 150 feet of a dwelling occupied by a person other than the owner or person in charge of the animal or fowl or if such dwelling is not occupied, owned by a person other than the owner or person in charge of the animal or fowl; however, this section shall not apply to enclosures in which animals or fowl have been continuously kept before May 10, 1979; and provided this section not apply to horses kept in publicly owned facilities, not otherwise creating any nuisance and kept under the sanitary conditions of this chapter. \par (Ord. No. 95-693, \'a7 5-48, 10-12-1995) \par \line Sec. 5-106. Minimum area of corrals. \par It shall be unlawful for any person to keep any animal in any corral in the city unless such corral has a minimum area of 12,000 square feet for one animal and an additional 10,000 square feet for each additional animal kept, to every portion of which each and every animal shall have free and unrestricted access. \par (Ord. No. 95-693, \'a7 5-49, 10-12-1995) \par \line Sec. 5-107. Minimum area of pens. \par It shall be unlawful for any person to keep any animals, including fowl, in any pen in the city unless such pen has a minimum area of 15 square feet of space for each animal or fowl to which space each animal or fowl shall have access. \par (Ord. No. 95-693, \'a7 5-50, 10-12-1995) \par \line Sec. 5-108. Capturing or killing birds; abatement of birds; city declared bird sanctuary. \par (a) It shall be unlawful for any person to pursue, injure, capture, kill or destroy any songbird of any kind, at any time, within the city. 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 such officer cannot be otherwise remedied. \par (b) The entire area of the city is designated as a bird sanctuary. \par (Ord. No. 95-693, \'a7 5-51, 10-12-1995) \par \line Sec. 5-109. Horses not to stand in streets unless hitched or attended. \par It shall be unlawful for any owner or person in charge to allow a horse to stand in any street within the city unless the owner or person in charge is in attendance or the horse is securely hitched. Any horse not so attended or securely hitched shall be considered to be at large. \par (Ord. No. 95-693, \'a7 5-52, 10-12-1995) \par Cross references: Streets, sidewalks and other public places, ch. 23. \par \line Sec. 5-110. Farm animals, exotic animals or reptiles running at large. \par (a) It shall be unlawful for the owner or person in charge of any farm animal, exotic animal or reptile to cause, permit or allow any such farm animal, exotic animal or reptile to run or to be at large. It shall be the special duty of the owner or person in charge of all premises where any farm animal, exotic animal or reptile is kept to see that no farm animal, exotic animal or reptile kept upon the premises is permitted or allowed to be in violation of this article. The fact that a particular farm animal, exotic animal or reptile has been kept on a particular premises, together with its subsequent appearance at large, shall raise a prima facie presumption that the owner or person in charge of the premises committed or authorized the violation, and the burden of proof shall be upon the owner or person in charge to prove otherwise. Any owner or person in charge in violation of this subsection shall be fined a minimum of $25.00 for the first offense and for the second offense within 12 months shall be fined a minimum of $50.00. Any owner or person in charge violating this section more than twice within 12 months shall be considered a habitual offender and shall be cited as set forth in subsection (b) of this section. \par (b) Any owner or person in charge who repeatedly and habitually allows, suffers or permits any farm animal, exotic animal or reptile unlawfully to run or be at large shall be fined not less than $100.00. Proof of three violations by the same owner or person in charge with respect to any farm animal, exotic animal or reptile kept on the premises within a 12-month period shall be prima facie proof that the owner or person in charge is a habitual offender; and the burden of proof shall be upon the owner or personin charge to prove otherwise. \par (Ord. No. 95-693, \'a7 5-53, 10-12-1995; Ord. No. 99-1036, \'a7 6, 12-9-1999) \par State law references: Penalties for ordinance violations, Code of Ala. 1975, \'a7 11-45-9. \par \line Sec. 5-111. Stray animals may be taken up. \par Any person within the city finding any animal running at large about his residence or the residence of which he is in charge may take custody of the animal and deliver the animal to the director, or any animal control officer, as an at-large or stray animal whether or not the owner or person in charge of the animal is actually known, and whether or not there is any license tag or identification affixed to the animal. \par (Ord. No. 95-693, \'a7 5-54, 10-12-1995; Ord. No. 99-1036, \'a7 7, 12-9-1999) \par \line Sec. 5-112. Driving animals into city for purpose of impounding. \par It shall be unlawful for any person to drive or bring, or attempt to bring, any farm animal, exotic animal or reptile into the city for the purpose of having it impounded. \par (Ord. No. 95-693, \'a7 5-55, 10-12-1995; Ord. No. 99-1036, \'a7 8, 12-9-1999) \par \line Sec. 5-113. Giving away animals as prizes. \par It shall be unlawful for any person to give away rabbits, chicks, reptiles, or wild or exotic animals as prizes. \par (Ord. No. 95-693, \'a7 5-56(b), 10-12-1995; Ord. No. 99-1036, \'a7 9, 12-9-1999) \par State law references: Sales of rabbits, chicks, ducklings or other fowl, Code of Ala. 1975, \'a7 3-1-15. \par Secs. 5-114--5-130. Reserved.\par DIVISION 2. IMPOUNDMENT \par \line Sec. 5-131. Impoundment authorized; disposal of farm animals, exotic animals, or reptiles. \par (a) Any farm animal, exotic animal or reptile found to be running at large within the city is declared to be a nuisance and shall be seized and confined by the director or an animal control officer, and shall be cared for in a humane manner for a period of not less than five days. \par (b) When such farm animal has been seized and confined, the director or authorized enforcement officer shall proceed to sell the animal at public auction to the highest bidder for cash within the legal hours of sale in front of the animal control center after first giving five days' notice of time and place of sale, together with a description of the animal to be sold, by posting a notice at a conspicuous place at the animal control center and by publication one time in a newspaper published in the city. The proceeds from the sale shall be paid to the city clerk-treasurer. Any farm animal that is not claimed by its owner and is not purchased when placed at public auction shall become the property of the city and shall be disposed of in a humane manner at the discretion of the director. \par (c) After an exotic animal or reptile has been confined for the period of time as required by subsection (a) of this section, and if the owner or person in charge fails to make application for the release of such exotic animal or reptile, or fails to pay the charges as provided in this article, such exotic animal or reptile shall become the property of the city and shall be disposed of in a humane manner. \par (Ord. No. 95-693, \'a7 5-57, 10-12-1995; Ord. No. 99-1036, \'a7 10, 12-9-1999) \par \line Sec. 5-132. Charges for advertising and care of impounded animals. \par The city shall be entitled to and shall receive the sum of $50.00 for impounding and keeping each and every farm animal, exotic animal or reptile, plus the cost of advertising farm animals as set forth in section 5-131, plus the additional sum of $9.00 for each day or fraction of a day that each of such animals (farm animal, exotic animal or reptile) is kept and cared for by the city pending the redemption or sale, plus the cost of any veterinary services deemed necessary to the well-being and life of the animal (farm animal, exotic animal or reptile). \par (Ord. No. 95-693, \'a7 5-58, 10-12-1995; Ord. No. 99-1036, \'a7 11, 12-9-1999; Ord. No. 03-1065, \'a7 2, 12-18-2003) \par \line Sec. 5-133. Owner entitled to proceeds of sale. \par The owner of any farm animal seized, impounded and sold under the provisions of this article shall have the right within 60 days after the sale to receive from the city clerk-treasurer the proceeds of such sale as set forth in section 5-131 less any applicable fine, and less the charges set forth in section 5-132, upon making proper and satisfactory proof of ownership of the farm animal so sold as demanded by the city clerk-treasurer. \par (Ord. No. 95-693, \'a7 5-59, 10-12-1995; Ord. No. 99-1036, \'a7 12, 12-9-1999) \par Secs. 5-134--5-150. Reserved.\par Sec. 5-153. Disposal generally. \par The owner or person in charge of animals that die or are killed in his possession or custody, other than such as are slaughtered for food, within 24 hours shall notify the appropriate city official, as set forth in section 5-154, of such dead animal and request its removal as provided in section 5-155, or shall cause the remains of such animals to be buried at least two feet below the surface of the ground in accordance with this article. Animals dying from any communicable disease whatsoever shall be reported to the city in accordance with section 5-154. No such animal shall be buried sufficiently near a residence 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 300 feet of a residence. \par (Ord. No. 95-693, \'a7 5-117(a), 10-12-1995) \par \line Sec. 5-154. Appropriate city official notification. \par (a) A small dead animal such as a dog or cat shall be reported to the director or an animal control officer. \par (b) A large dead animal such as a horse, mule, cow or hog shall be reported to the director of public works services. \par (c) Animals dying from any communicable disease shall be reported to the health department in addition to being reported to the appropriate official for removal. \par (Ord. No. 95-693, \'a7 5-118, 10-12-1995) \par \line Sec. 5-155. Removal by the city. \par When a request is made to the director or an animal control officer for removal of a small dead animal, or when a request is made to the director of public works services for removal of a 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 ofsuch dead animal to be removed and buried at least two 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 director or an animal control officer may require that the requesting party place the small dead animal in a securely fastened plastic bag or similar container and make the container accessible at the curb or at such other place upon the property as he may direct. \par (Ord. No. 95-693, \'a7 5-119, 10-12-1995) \par \line Sec. 5-156. Fees for removal by city. \par For removal of any large dead animal such as a horse, mule, cow or hog, the owner or person in charge of such animal requesting its removal by the city shall be charged the fee as established by the department of public works services; and such fee shall bear a direct relationship to the cost of disposal. It shall be unlawful for any person liable for the expenses of such removal to fail to pay such fees. \par \pard (Ord. No. 95-693, \'a7 5-120, 10-12-1995)\f1\fs20\par }