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CODES
ARTICLE IX
MISCELLANEOUS
Section 9.01 Disposal of Dead Animals
A. Dead animals, excluding those intended
for human or animal consumption shall be disposed of as
follows:
1. Animals weighing fifty (50) pounds or
less may be buried on the owner's premises at a depth of not
less than twelve inches (12").
2. Animals weighing twenty (20) pounds or
less may be placed for trash collection if they are first
wrapped securely in newspaper and put in a bag of a type
approved by the Administrator of the "Health"
Chapter of this Code.
3. Animals may be disposed of at the
landfill, sold or given to a renderer, or buried in a properly
zoned pet cemetery.
4. If requested by the owner, dogs and cats
will be picked up by the Animal Services Manager and disposed
of at the landfill or incinerated. There shall be a fee for
this service at an amount set by resolution of the City
Council.
5. The Landfill Manager shall have the
right to refuse a dead animal if placing such animal in the
landfill would pose a health risk.
6. The Animal Services Manager shall have
the right to refuse to accept any dead animal if he determines
that transporting such animal would cause a health risk to
humans or to animals at the Animal Services Center.
B. A person commits an offense if he disposes
of a dead animal in a manner other than as provided by this
Section.
C. The owner of an animal which has died
commits an offense if he fails to properly dispose of such animal
within twenty-four (24) hours of its death.
Section 9.02 Traps
A person commits an offense if he knowingly
releases or removes an animal from a trap set by the Animal Services
Manager.
Section 9.03 Interfering with Manager
A person commits an offense if he knowingly
prevents, interferes with, or obstructs the Animal Services Manager in
the performance of his duties.
Section 9.04 Filing of False Claims and Reports
A. A person commits an offense if he knowingly
initiates, communicates or circulates a claim of ownership for an
animal with the Animal Services Manager that he knows is false or
baseless.
B. A person commits an offense if he knowingly
initiates, communicates or circulates a report of a violation of
City ordinance or State law with the Animal Services Manager that
he knows is false or baseless.
Section 9.05 Defecation - Removal and
Disposal Required; Implements Required
A. Offense: An owner or person who has care, custody or control of
an animal commits an offense if, he permits or by insufficient
control allows an animal to defecate on private property not his
own or on property located in a public place without immediately
removing and disposing of the defecation material in a sanitary
and lawful manner.
B. Offense: An owner or person who has care,
custody or control of an animal commits an offense if, he permits
or by insufficient control allows an animal to enter or remain on
private property not his own or on property located in a public
place without having in his possession materials or implements
that, either alone or in combination with each other, can be used
immediately in a sanitary and lawful manner to remove and dispose
of defecation the animal may deposit on such property.
C. It is an exception to Section 9.05 (A) and
(B) that:
- The animal is a police service animal under the supervision of
a police officer in the performance of his official duties; or
- The animal is a "service dog" performing duties of
assisting the disabled.
- The animal is a waterfowl at a municipality owned facility.
- The owner of the private property has given consent or
permission for the animal to defecate on his property.
D. Penalty: A person who violates this section
is guilty of an offense and, upon conviction, is punishable by a
fine not to exceed One Hundred ($100.00) dollars.
Section 9.06 Pigeons
A. The harboring, breeding, maintenance and
flying of pigeons shall be permitted under the following
conditions:
1. The loft or other structure used or
employed for the purpose of housing pigeons shall be
maintained in such a manner that no feces, food, water or
other waste or natural material is accumulated on any surface
within or outside of the loft or structure.
2. A person harboring pigeons in a loft or
other structure shall collect and dispose of stored pigeon
wastes in a closed fly-proof and rat proof container, and in a
manner that prevents the escape of odors from the container
and prevents the breeding of flies.
3. A person harboring pigeons in a loft or
other structure used for the purpose of housing pigeons shall
ensure the structure is designed such that the area housing
pigeons provides a minimum of one cubic foot for each mature
pigeon kept therein. If any pigeon housed in a loft or other
structure is not permitted to fly free outside said loft or
other structure a minimum of two times each week, the loft or
other structure shall be of such construction as to provide a
minimum of three cubic feet of floor space for each pigeon
housed within said loft or structure.
4. The construction of the loft shall not
conflict with the requirements of any ordinance, including but
not limited to, the Construction or Zoning Chapters of the
City of Arlington.
5. Any person harboring pigeons in a loft
or other structure shall store pigeon feed in such containers
as to protect against intrusion by rodents and other vermin.
6. In addition to any requirements of this
ordinance the loft shall be maintained in a sanitary condition
and in compliance with all applicable health regulations of
the City of Arlington and no person may harbor pigeons in such
a manner as to constitute a public health nuisance.
7. All pigeons shall be confined to the
loft, except for limited periods necessary for exercise,
training and competition. No person harboring pigeons shall
permit or allow pigeons to perch or linger on a habitation,
building, power lines or property of others.
8. Any person keeping pigeons in a loft or
other structure shall provide fresh and clean food and water
daily.
9. The loft or other structure employed for
the purpose of harboring pigeons shall be constructed in such
a manner as to provide adequate ventilation which shall mean
that fresh air may flow both in and out of the loft or
structure at all times unless enclosed in the winter time for
a limited period to ensure adequate heat.
10. The pigeon loft shall be constructed in
such a manner that it will be rodent-proof and shall be kept
free from rodents.
11. No loft or other structure housing
pigeons shall be constructed, placed, or maintained within
fifty feet (50’) from any habitation; restaurant, café, or
other eating establishment; church, school, hospital, child
daycare center, convalescent home, nursing home, residential
treatment facility, library, park, playground, community
center, or other public building property line. This provision
shall not apply to any structure in existence at the time of
the effective date of this ordinance amendment. (Amend Ord
02-___, 09/___/02).
B. The Animal Services Manager, upon
determination that any loft situated within the City of Arlington,
is not being maintained in compliance with this section, may order
the pigeons removed from the City or obtain an order to seize such
pigeons if he determines it is in the best interest of the birds
or the health and safety of the citizens of Arlington.
Section 9.07 Care and Humane Treatment of Animals
A. A person commits an offense if he fails to
provide an animal with sufficient good and wholesome food or
water, adequate housing consisting of a three-sided structure with
a cover or roof, shelter and protection from the weather,
veterinary care when needed to prevent suffering, and with humane
care and treatment.
B. A person commits an offense if he beats,
torments, mentally abuses, overloads, overworks, maims,
disfigures, burns or scalds, mutilates or needlessly kills an
animal, or if he carries or transports an animal in any vehicle or
other conveyance in a cruel or inhumane manner, or if he permits
any animal to remain in its own filth or if he causes any of these
acts to be done.
C. A person commits an offense if he crops a
dog’s ears, docks a tail, removes dew claws or performs other
surgical procedures on a dog or cat except as provided by the
Veterinary Licensing Act.
D. A person commits an offense if a person uses
a steel jaw or leg-hold trap.
E. A person commits an offense if he is an
owner or person having care and control of any animal and abandons
said animal.
F. A person commits an offense if he causes,
instigates, or permits any dog fight, cock fight, or other combat
between animals or between animals and humans.
G. A person commits an offense if he transports
or carries on any public roadway any animal in a motor vehicle
unless the animal is safely enclosed within the vehicle; and if
traveling in an unclosed vehicle (including but not limited to
convertibles, pickup trucks, jeeps, and flatbed trucks), the
animal is safely confined by a vented container or cage, by chain,
rope or other device cross-tied to prevent the animal from falling
or jumping from the motor vehicle or from strangling on a single
leash.
H. A person commits an offense if the person
leaves any animal in a standing or parked vehicle in such a way as
to endanger the animal’s health, safety or welfare.
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