Banning Municipal Code Ch. 6.08 Animal Regulations Generally

The owner or possessor of any animal must provide adequate housing inside the owner's residence, or a run, fenced yard, or a chain not less than six feet in length, shelter from the elements, and daily fresh food and water.

If it is determined by animal control that any animal suffering from abuse or neglect and the owner of the animal does not take immediate action to remedy the situation, animal control may take immediate possession of the animal and hold the animal in protective custody until the officer is assured the animal will be properly provided for by the owner. Any fees or charges incurred during the protective custody period including any veterinary charges will be the responsibility of the owner of the animal.

(Ord. No. 1573, § 2, 5-25-21)

A. No person shall keep any animal, wild or domestic, other than cats, dogs, canaries, or birds of the psittacinae family, within thirty-five feet of any residence or dwelling house or other building used for the habitation of human beings or within one hundred feet from any school, hospital, or similar institution.

B. No such animal shall be kept or maintained in any yard, coop, or building which is in a foul or unsanitary condition.

(Ord. No. 1573, § 2, 5-25-21)

Every person owning or occupying premises where any animal is kept shall keep the premises in a clean and sanitary condition and free of animal urine and fecal matter.

(Ord. No. 1573, § 2, 5-25-21)

A. No person driving a motor vehicle shall transport any animal in the back of the vehicle in a space intended for any load on the vehicle on a public street or road unless the space is enclosed or has side and tail racks to a height of at least forty-six inches extending vertically from the floor, the vehicle has installed means of preventing the animal from being discharged, or the animal is cross tethered to the vehicle, or is protected by a secured container or cage, in a manner which will prevent the animal from being thrown, falling, or jumping from the vehicle.

B. This section does not apply to any of the following:

1. The transportation of livestock.

2. The transportation of a dog on a public road required for transport between different portions of the owner's property for purposes associated with ranching or farming.

(Ord. No. 1573, § 2, 5-25-21)

A. Dangerous animals.

1. Presumption of dangerousness. A dangerous animal is a nuisance. Any animal except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior is rebuttably presumed dangerous:

a. An attack which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself or herself peacefully and lawfully.

b. An attack that results in an injury to a person in a place where such person is conducting himself or herself peacefully and lawfully.

c. Any behavior that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself or herself peacefully and lawfully.

d. An attack on another animal or livestock which occurs off the property of the owner of the attacking animal.

For the purposes of this subsection, a person is peacefully and lawfully upon the private property of an owner or possessor of the animal when he is on such property in the performance of any duty imposed upon him by the laws of the state or any city, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied.

2. Finding of dangerousness. After notice and hearing upon charges following the procedure expressed in subsection (B) of section 6.04.030, the animal control officer may declare that an animal is dangerous.

3. Dangerous Animal At Large. Any dangerous animal found at large shall be impounded. Any dangerous animal found at large within twelve months after having been declared a dangerous animal, may be humanely destroyed after notice and hearing upon charges following the procedure expressed in subsection (B) of section 6.04.030.

4. Impoundment pending hearings. Any animal subject to dangerous animal proceedings may be impounded at the discretion of the animal control officer pending notice, hearings, and determinations hereunder and until any required permit is obtained. The animal's owner shall be charged for all costs incurred or fees applicable with respect to such impoundment unless a finding is made that the animal is not dangerous.

5. Other proceedings. Nothing in this chapter shall limit the right of any person or officer to take any proceedings against a dangerous animal or the owner thereof otherwise permitted or provided by law.

6. Expiration of dangerous animal designation. Any animal designated as dangerous according to subsection (B) of section 6.04.030 will be monitored by animal control for thirty-six months following the finding of being dangerous. If the owner of the animal complies with the dangerous animal conditions for the thirty-six months, the police chief, or his designees, may remove the dangerous animal designation.

B. Unrestrained dog on school grounds. No owner or possessor of any dog shall permit it to enter upon the grounds of any school, unless the dog is secured by a leash or is under the physical control of its possessor or is securely fastened to some permanent fixture. An unrestrained dog which enters upon school grounds is a nuisance.

C. Strays. No owner or possessor of any animal shall permit it to stray from the premises where such animal is kept. It is unlawful for the owner or possessor to permit such animal to enter upon the land of another without the permission of the owner or possessor of such land. Any such animal is a nuisance. This subsection does not apply to livestock on the open range or to domestic cats.

D. Animals which disturb the peace. The keeping of any animal which by habitually howling, barking or making other noise, disturbs the peace and quiet of the neighborhood is unlawful, and any such animal is a nuisance. The written affirmation by two persons, not related and having separate residences, stating that their peace and quiet is unreasonably disturbed by the animal shall be prima facie evidence of a violation of this subsection. This subsection does not apply to reasonable noises emanating from legally operated hospitals, clinics, humane societies, kennels, farms, or agricultural facilities.

E. Strays which damage property. No owner or possessor of any animal shall permit it to trespass on public or private property to damage or destroy any property or thing of value. Such an animal is declared a nuisance. This subsection extends to trespass on the open range if the public health or welfare is endangered.

(Ord. No. 1573, § 2, 5-25-21)

If animal control finds a nuisance to exist, or if it determines that a dog is not vaccinated or licensed, it shall issue a citation to the owner or possessor of the animal, in accordance with subsection (A) of section 6.04.030.

(Ord. No. 1573, § 2, 5-25-21)

A. No owner or possessor of any dog shall cause or permit the dog to run at large in any area of the city pursuant to this section. For the purpose of this section, "running at large" means the presence of a dog at any place except upon the premises of the dog's owner or possessor. However, a dog shall not be considered to be running at large if it is on a leash.

B. Every dog running at large is a nuisance.

(Ord. No. 1573, § 2, 5-25-21)

Animal control officers shall attempt to capture any animal found at large in violation of this chapter. The officer shall not seize or impound any stray animal that has strayed from but returned to the property of its owner or possessor, but in such a case a citation may be issued pursuant to subsection (A) of section 6.04.030. However, if the owner or possessor cannot safely secure the animal upon the premises, the animal may be impounded. The officer shall post a notice of impoundment at the residence or place of business of the owner or possessor of the animal, if known. The notice shall instruct the owner or possessor on how to retrieve the animal, shall indicate the ultimate disposition of the animal if no action to regain it is taken within a specified period of time, and shall advise the owner or possessor that he or she may, within twenty-four hours of receipt of notice, request a hearing before the police chief or his designee for the purpose of showing lack of reasonable cause for the seizure.

(Ord. No. 1573, § 2, 5-25-21)

Animal control may impound any animal found or kept in violation of the provisions of this chapter or found to be a public nuisance or determined to be injured or diseased. Owners of dogs or cats may voluntarily impound their animals with animal control and shall pay a fee for such impounding. The owner of any impounded animal is liable for the cost of the impoundment whether or not the owner redeems the animal.

(Ord. No. 1573, § 2, 5-25-21)

A. All impounded animals shall be kept in the animal facility for a period of four business days unless redeemed earlier. The time during which an animal has been held by another governmental entity shall be included in the determination of four business days.

B. Unless an impounded dog is redeemed by the owner or possessor within the time specified above, the animal control officer may dispose of the animal. If the identity of the owner or possessor of the animal is known, oral or written notice of the animal's impoundment and the date of intended disposal shall be given at least five business days before disposal. Any time during which the animal was held by another governmental entity shall be included in determining the five business period.

C. The owner or possessor of an impounded animal may redeem the animal within the time specified above by payment of a redemption fee. A license shall also be purchased prior to redemption of any unlicensed impounded dog. The owner or possessor shall, within ten business days of redemption, provide proof of current vaccination to animal control.

D. Animals relinquished by their owners may be destroyed or transferred to a new owner without regard to any prescribed holding time and without notice to the former owners.

(Ord. No. 1573, § 2, 5-25-21)

It shall be unlawful to willfully abandon any domestic dog or cat.

(Ord. No. 1573, § 2, 5-25-21)

No person shall knowingly possess any animal that is seriously injured or afflicted with mange, ringworm, distemper, or any other contagious disease, unless in the opinion of the animal control officer or a veterinarian, the animal is being given adequate treatment for such condition. Animal control officers may take immediate possession of any animal not being treated or which is not responding to treatment and dispose of the animal unless the owner or possessor immediately places the animal under the control or treatment of a veterinarian.

(Ord. No. 1573, § 2, 5-25-21)

It is the policy of the city to determine the degree of injury to the animal and the extent of suffering and pain. The animal control officer will examine and identify any obvious injuries that are survivable with reasonable care. Once this examination has taken place, the officer will make every effort to determine the ownership of animal. The animal owner will be responsible for all bills incurred from the time discovered until discharge or euthanization of the animal by the veterinarian. If ownership cannot be determined, the city will stabilize the animal to the degree that can be performed with minimal veterinarian care. Injured animals with no known ownership and significant injuries requiring more than initial life stabilization treatment will be euthanized.

A. It shall be the duty of the animal control officer to convey all injured cats and dogs found without their owners in a public place directly to a veterinarian for a determination of whether the animal shall be immediately euthanized or hospitalized for further treatment. Animal control will determine ownership based upon city licensing records. If the animal does not require veterinary care in the opinion of the veterinarian, the animal shall be impounded. In the event ownership cannot be determined or in the veterinarians' opinion the animal will require more than life stabilizing veterinary care, the animal will be euthanized.

B. If the owner does not redeem the animal within the five business day waiting period, euthanasia may be performed on the animal; or, if the animal is treated and recovers from its injuries, an animal control officer may keep the animal for purposes of adoption.

C. If the veterinarian determines that minimal life stabilizing emergency treatment and hospitalization, the costs of any services which are provided are the responsibility of the owner. In the event the owner cannot be located, minimum treatment will be provided and shall be paid by the city. Payment for services rendered by the veterinarian is the responsibility of the animal owner.

(Ord. No. 1573, § 2, 5-25-21)

A. Duties of owner or possessor. An owner or possessor of any dog over four months old, or one who brings a dog more than four months old into the city, shall, within four months of the dog's birth or ten days of its entry into the city, whichever is later, procure and maintain the dog's vaccination for rabies. The veterinarian who vaccinates the dog shall issue a vaccination certificate to its owner or possessor, in accordance with procedures established by the health officer.

B. Exemption. A dog is exempt from vaccination if a veterinarian has examined the dog and certified in writing that at such time vaccination would endanger the dog's health, due to illness or advanced age. Rabies vaccination must be obtained within thirty days of the dog's recovery from the illness.

C. Rabies reports. Rabies is declared to be a reportable disease. Every veterinarian practicing in this city who suspects that an animal is rabid and every person providing professional medical treatment for animal bite by an animal of a species subject to rabies shall immediately notify the health department. Every veterinarian practicing in this city shall provide animal control with a copy of every rabies immunization certificate which he/she issues, within thirty days of issuance.

(Ord. No. 1573, § 2, 5-25-21)

The owner or possessor of any animal which is confined, isolated, examined, or destroyed as a result of being rabid, suspected rabid, or a biting animal is liable for the costs of such confinement, isolation, examination, or destruction, whether or not the animal is returned to the owner or possessor.

(Ord. No. 1573, § 2, 5-25-21)

All animals taken into custody of animal control which by reason of age, disease, or other cause, are unfit for further use or dangerous to keep impounded, shall be destroyed by arrangement of an animal control officer four business days after impounding. Oral or written notice shall be given to the owner, if known, prior to destroying the animal. The owner may request a hearing prior to destruction of the animal. The request shall be in writing and applicant shall agree therein to pay the cost of care and maintenance of the animal pending the hearing. Decisions of the hearing officer are final. Seriously ill or injured animals may be destroyed without regard to the prescribed holding period and without notice to the owner, to alleviate suffering or to protect other animals or persons from contagious diseases.

(Ord. No. 1573, § 2, 5-25-21)

A. Where public health or safety is endangered, the animal control officer shall remove or arrange for removal of carcasses of dogs or cats and other animals.

B. The cost of removal and disposal shall be the responsibility of the owner, if known.

C. Animal control shall arrange for the removal and disposal of stray canine and feline carcasses found in or on city-maintained roadways.

(Ord. No. 1573, § 2, 5-25-21)

Every person who knowingly fails to properly dispose of the carcass of any animal which belonged to that person at the time of the animal's death, and who allows the carcass to remain within city limits, shall be guilty of an infraction.

A. No person shall bury the carcass of any domestic or livestock animal in such a manner that there is less than three feet of soil above the carcass. This does not apply to bio-hazardous waste, which shall be dealt with as required by law.

B. It shall be the duty of the owner or person having custody of a deceased animal suspected of having rabies to surrender the carcass of such animal, or such portion of the carcass as may be demanded, to the health officer after the death of the animal.

(Ord. No. 1573, § 2, 5-25-21)

Animal control shall keep a record of all animals taken into custody which shall show the date of impoundment and the date and manner of disposition. Records shall also be kept of the identity of owners of licensed dogs.

(Ord. No. 1573, § 2, 5-25-21)