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:

    1. The animal is a police service animal under the supervision of a police officer in the performance of his official duties; or
    2. The animal is a "service dog" performing duties of assisting the disabled.
    3. The animal is a waterfowl at a municipality owned facility.
    4. 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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