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ORD 1996-01 ORDINANCE NO. 96-1 VICIOUS ANIMAL ORDINANCE SECTION 1 DEFINITIONS "Abandonment" - means failure to redeem an impounded animal within seventy-two (72) hours of incarceration, leaving an animal in any place where is may suffer injury, hunger or exposure or become a public nuisance or changing residence and failing to move an animal within twenty-four (24) hours. "Animal" - means all vertebrates except human beings. "Bite" - means any abrasion, scratch, puncture, laceration, bruise, tear or piercing of the skin inflicted by the teeth of an animal. "Cruelty" - means Cruelty to Animals as set forth in s45-8-211, MeA. "Dog" - means any canine animal, of either sex (whether or not spayed or neutered) or any dingo, wolf, coyote, or cross that is being kept as a dog. "Cat" - means any feline animal, of either sex (whether or not spayed or neutered) that is being kept as a cat. "Kennel" - means any establishment where five (5) or more animals are kept for the purposes of boarding, breeding, sale, for sport or commercial purposes; veterinary hospitals, grooming parlors and pet shops are to be excluded from this definition. "Owner" - means every person who owns, harbors, or keeps a dog or cat. "Rabies Vaccination" - means an inoculation administered by a veterinarian with any rabies vaccine licensed by the United States Department of Agriculture. "Veterinarian" - means a doctor of veterinary medicine holding a valid license. "Vicious Animal" - means any animal which bites or attempts to bite any human being without provocation. Any animal, while running at large, which bites or attacks any person or animal shall be presumed to be a vicious animal. Animals that depredate on domestic animals as well as wild game shall also be presumed to be vicious animals. "Running at Large" - means any animal which is off the premises of its owner and is not under the immediate and continued control of its owner or an authorized agent of the owner either by leash or voice and/or signal control. Animals controlling or protecting livestock or in other related agricultural activities are to be excluded from this definition. SECTION 2 ENFORCEMENT Jefferson County Sheriff's Officers, Health Officers or designated state law enforcement officials are authorized to enforce the provisions of this ordinance. SECTION 3 IMPOUNDMENT The following are subject to impoundment: 1) Any animal being kept or maintained contrary to the provisions of this ordinance. 2) Any sick or injured animal whose owner cannot be located. 3) Any abandoned animal. 4) Any animal held for quarantine. 5) Any stray animal. 6) Any vicious animal found in violation of Section 5 of this ordinance. If an animal is not claimed by its owner and the appropriate fees are paid, the animal may be adopted by a private individual upon payment of the necessary fees, or, after seventy-two (72) hours, destroyed. IMPOUND FEES AND BOARD. An initial impoundment fee shall be charged for each animal and a board fee shall be charged for each day a animal is impounded. The refusal or failure of the owner of a animal to pay impoundment fee and board fee shall be deemed an abandonment of the animal by its owner. Veterinary bills or professional service bills incurred during the impoundment shall be paid by the owner in addition to the impoundment fee and board fee. SECTION 4 RABIES CONTROL Every person or owner keeping, harboring, or maintaining any dog or cat over four (4) months of age shall provide rabies vaccinations for their animal in accordance with the A.R.M., s32.3. This provision shall not apply to licensed - veterinarians or grooming parlors. SECTION 5 VICIOUS ANIMALS It shall be unlawful for any persons to keep, harbor, or maintain any vicious animal in Jefferson County. If an animal bites a person in Jefferson County, the bite shall immediately be reported to the Jefferson County Sheriff's Officer, or Jefferson County Health Officer, who, at his discretion, may issue a written order requiring the animal's owner quarantine or surrender the animal at the owner's expense, to an appropriate kennel or a licensed veterinarian. A written order may be served by the Sheriff's Office at the owner's residence, by leaving it with a person at the residence or placing it in a prominent place at the main entrance of the residence. It is unlawful for any person to refuse or neglect to surrender any animal, within twenty-four (24) hours after the service of such order. If the owner is unknown or the animal is running at large, the officer shall seize and impound such animal without notice. If the vicious animal is running at large and the officer is unable to seize and impound such animal, the animal may be destroyed by any Jefferson County Sheriff's Officer, Jefferson County Health Officer or designated state law enforcement officer without notice in order to protect the public. All animals impounded under this section shall be quarantined for the period and under the same conditions as stated in Section 4. SECTION 6 VIOLA TION A person violating any part of this Ordinance shall be guilty of a misdemeanor punishable by a fine of not more than five-hundred ($500.00) or six months in the county jail, or both; and upon appropriate findings, for the protection of the public, the court may order a vicious animal destroyed. All fines collected under this Ordinance shall be paid into the County Treasury and shall be used to pay fees, salaries, costs or expenses for the enforcement of this Ordinance. '" SECTION 7 SEVERABILITY If any provision of this Ordinance is held to be invalid, such invalidity shall not effect other provisions which can be given effect without the invalid provisions. To this end provisions of this Ordinance are to be severable. DATED this 19th day of December, 1996. ATTEST: ~....7 .~) CL~:t~~ ~~~;~~.~r~1 Commissioner Notlx>hrn was absent. CHUCK NOTBOHM, COMMISSIONER