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Home My WebLink AboutO-969ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF FAIRHOPE, ALABAMA: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that Chapter 5 of the Code of Ordinances, City of Fairhope, Alabama be and the same is hereby repealed and the following is substituted therefor: Chapter 5 Sec. 5-1 Definitions. As used in this chapter, the following terms shall have the respective meanings ascribed to them: At large: Off the premises of the owner and not on lease, cord, chain or other device adequate to maintain the animal under immediate and effective control. Dog: As defined in the Code of Alabama, 1975, as amended. Cat: As defined in the Code of Alabama, 1975, as amended. Animal Control Officer: Includes all agents, officers and employees of the city who have been designated to control dogs and other animals. Inoculation against rabies: As defined in the Code of Alabama, 1975, as amended. Livestock: As defined in the Code of Alabama, 1975, as amended. Vicious or dangerous animal: Any animal which bites, scratches, paws, kicks, hooks or attempts to bite, scratch, paw, kick or hook any person or other animal, or which chases or runs after any person or vehicle in which or on which a person is riding shall be deemed to be vicious or dangerous. For the purposes of this ordinance - the term vicious or dangerous animal shall include both non -domesticated animals and reptiles, which by nature of being venomous, wild, aggressive or non -domesticated pose or may pose a threat to humans. Sec. 5-2. Livestock. It shall be unlawful to keep any livestock within the City except as may be permitted in specific zoning districts by the Fairhope Zoning Ordinance. This section shall not apply outside the corporate limits of Fairhope. Sec. 5-3. Livestock or fowl at large. It shall be unlawful for any person to allow any livestock or fowl to be at large within the City. proprev.CH5 4/19/95 1 1 1 Sec. 5-4 Fowl. It shall be unlawful to keep any fowl within the City except as may be permitted in specific zoning districts by the Fairhope Zoning Ordinance. This section shall not apply outside the corporate limits of Fairhope. Sec. 5-5. Keeping of vicious or dangerous animals. 0 It shall be unlawful to keep any vicious or dangerous animals within the City. Sec. 5-6. - 5-9. RESERVED Sec. 5-10. Pets constituting nuisance. (a) It shall be unlawful for the owner of any cat, dog or other pet to allow the same to be a nuisance by barking, making loud or raucous noise, biting, scratching, creating offensive odors or unsanitary conditions, damaging or destroying property of others or going at large upon the property of others. (b) No person owning or in charge of any dog or cat shall cause or allow such animal to soil, defile, defecate on, or commit any nuisance on any common thoroughfare, sidewalk, passage -way, by-path, play area, park, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of such private property. Any person owning or in charge of any animal which soils, defiles, defecates on, or commits any nuisance on any common thoroughfare, sidewalk, passage -way, by-path, play area, park, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property, without the permission of the owner of such private property, shall immediately remove all feces deposited by any such animal, in a sanitary manner. The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such animal in a sealed, non -absorbent, leak -proof container. Provided, however, the provisions of this section shall not apply to any blind person with respect to any animal used as a guide dog by such blind person. Provided, further, that violations on private property under the foregoing sub -section (b) shall not be enforceable except upon a warrant of arrest issued on complaint of the property owner alleging violation thereof. Sec. 5-11. Bird Sanctuaries. All parks within the City are hereby designated as bird sanctuaries. Sec. 5-12 - 5.19. RESERVED Sec. 5-20. Enforcement officers - Right of entry The Animal Control officer of the City shall have the right and it shall be his duty to enter upon any property, except a private dwelling, for the purpose of capturing any animal at large, in compliance with this code. proprev.CH5 4/19/95 I Sec. 5-21. Citations; issuance for violations. The Animal Control Officer, other municipal enforcement officers and the police are hereby authorized to issue Municipal Offense Tickets for violation of provisions herein, as provided in Section 10-28 of this code. However, nothing herein shall be construed to prohibit the immediate issuance of a warrant of arrest for any person where there exists probable cause to believe that such person has violated any provision herein. Sec. 5-22. License - Tag and collar required. All dogs owned and kept within the city, and all dogs brought in or permitted to come within the city, shall wear a collar to which shall be attached a numbered tag issued by the city clerk. Sec. 5-23. License - Inoculation against rabies a pre- requisite to issuance No license shall be issued until and unless the applicant therefor shall produce a current certificate of rabies inoculation for the dog to be licensed. Sec. 5-24. Dogs at large - prohibited. It shall be unlawful for the owner of any dog to permit such animal to be at large within the City at any time. Sec. 5-25. Same - Owner liable fortidamages. If the owner of a dog carelessly manages such animal and permits the same to be at large, and another person suffers damage thereby, such owner shall be liable for such damages. Sec. 5-26. Impounding - Generally It shall beTthe �duty of every police officer of the city, upon finding 9 dog at large in the City to notify the Animal Control Officer. It shall be the duty of such officer when so notified, or when he observes any such animal at large, to seize such animal and confine it in the city pound, and if said animal is licensed by the City, to make a reasonable effort to notify the owner of the animal.. Sec. 5-27. Procedure where injury by a dog has occurred. When any person is bitten by a dog, the procedures for quarantine, observation and disposal of the animal shall be as provided in the Code of Alabama, 1975, as amended. Sec. 5-28. Procedure for redemption of impounded dog The owner of any dog impounded for being at large may, within forty-eight (48) hours after the animal is impounded, redeem the animal by paying to the city clerk the sum of twenty-five dollars ($25.00) for the impounding and one dollar for each day the animal remained in the pound for keep. Provided, however, if the animal is not currently licensed by the city, owner must furnish R evidence of inoculation for rabies and obtain license before the animal may be redeemed. Sec. 5-29. Illegally releasing animal. It shall be unlawful for any person to release any animal from the city pound until provisions of Sec. 5-28 have been complied with. proprev.CH5 4/19/95 a Sec. 5-30. Disposition of unredeemed animals. When an impounded animal has not been redeemed within seventy-two (72) hours, after impoundment or notification of impoundment to an owner, the Animal Control Officer may, at his discretion, sell the dog provided purchaser complies with the requirements for inoculation and licensing, and the purchaser shall be vested with legal title to the animal, or such officer may elect to either destroy the animal in a humane manner or may allow a local humane society to destroy the animal. Sec. 5-31. Nuisance. In addition to other prohibitions herein, it shall be unlawful for any person to bring, keep or maintain within the city any warm blooded or cold blooded mammal in such manner as to constitute a nuisance. Sec. 5-32. Penalty for violation Any person who violates any provision herein shall be subject to a penalty not to exceed that provided in Section 1-8 of the Fairhope Code of Ordinances. THIS ORDINANCE SHALL BECOME EFFECTIVE UPON DUE ADOPTION AND PUBLICATION AS REQ�U�IRED BY LAW. r ADOPTED TH I S THE DAY OF / 199�:� - JAME P. NIX Mayo ATTEST: EVELYN City Cl )kPHILLIPS ti proprev.CH5 4/19/95