Chapter 5 – Control of Animals, Birds, and Fowl

CHAPTER V

CONTROL OF ANIMALS, BIRDS, AND FOWL

ARTICLE I. LICENSING AND CONTROL OF DOGS

5-101 Definition of Terms

5-102 License and Registration Required

5-103 Terms of License; Cancellation; Inoculated Every Twelve Months

5-104 Animal Must Have Collar with Rabies Tag and License Tag Attached.

5-105 Registered and Tagged Animals, Kept Unrestrained, When

5-106 Dog; Running at Large

5-107 Keeping of Female Dogs in Season Prohibited: Exception

5-108 Impounding

5-109 Notice to Owner and Redemption

5-110 Disposition of Unclaimed and Infected Dogs

5-111 Muzzling

5-112 Rabies Notice

5-113 Proceeds from Impounding Dogs to be Paid into General Fund of City

5-114 Control of Dogs

5-115 Vicious Dogs: Disposition

5-116 Barking, Annoying Dogs, Prohibited

5-117 Vicious Animals

5-118 Vicious Animals: Keeping Prohibited

5-119 Violations and Penalties

ARTICLE II. ANIMALS, GENERAL: POUND REGULATIONS

5-201 Unlawful to Keep Vicious Animal

5-202 Rabbits and Guinea Pigs

5-203 Unlawful to Keep Animals Within the City Limits: Declared Public Nuisance; Exceptions

5-204 When Animals Impounded

5-205 Duties of Police

5-206 Complaint to Magistrate

5-207 Notice of Hearing: How Served

5-208 Hearing

5-209 Default Cases to Be Tried, How

5-210 Judgment, Sale to Satisfy

5-211 Notice of Sale, Contents of, How Posted and Published

5-212 Sales to be for Cash, Disposition of Proceeds

5-213 Notice to Owner, How Made, By Whom, Redemption, How Accomplished, Fees for

5-214 Animals Trespassing Upon Private Property; Restraint and Delivery

5-215 Unlawful to Let Out Animal from Private Enclosure

5-216 Squirrels, Killing in City Prohibited

5-217 Cruelty to Animals, Prohibited

ARTICLE III. BIRDS AND FOWL

5-301 Running at Large of Domestic Fowl Prohibited

5-302 Distance from Dwellings Domestic Fowl to be Kept

5-303 When Domestic Fowl Public Nuisance

5-304 Abatement of Nuisance

5-305 Unlawful to Kill Birds or Destroy Eggs or Nests

ARTICLE IV. PENALTY

5-401 Saving Clause

5-402 Penalty for Violation of Chapter

ARTICLE I.

LICENSING AND CONTROL OF DOGS

5-101. DEFINITION OF TERMS.

(a) Animal: For the purpose of this Chapter, animal shall mean every living animal except a member of the human race.

(b) At Large: An animal shall be deemed to be at large when off the property of the owner and not under restraint.

(d) Nuisance: An animal shall be considered a nuisance if it damages, soils, defiles, or defecates on private property other than the owner’s or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noisemaking; or chases vehicles, or molests, attacks, or interferes with persons or other domestic animals on public property.

(e) Owner: A person having the right of property or custody of an animal or who keeps or harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person.

(f) Restraint: An animal shall be considered under restraint if it is within the real property limits of its owner or secured by a leash or lead or under the control of a responsible person.

(g) Dangerous or Vicious Animal: “Dangerous or Vicious Animal” is any animal that:

when unprovoked, inflicts bite(s) on any human or domestic animal either on private or public property;

has a documented history with the Lisbon Police Department or other public agency of biting or attacking any human or domestic animal;

has a known propensity, tendency, or disposition to attack, to cause injury, or otherwise threaten or endanger the safety of humans or domestic animals; or

is not properly vaccinated. (Ordinance No. 2020-5)

5-102. LICENSE AND REGISTRATION REQUIRED. All dogs kept, harbored or maintained by their owners in the City of Lisbon shall be licensed and registered if over six months of age on or before the first day of March in each calendar year. Dog licenses shall be issued by the City Auditor upon payment of a license fee set by the City Council. Any dog license not renewed by March 31st of the year shall incur a late fee set by the City Council. The owner shall state at the time application is made for such license, and upon printed forms for such purpose, his name and address and the breed, color and sex of the dog, date of rabies inoculation, and whether or not the dog is neutered. No license shall be issued for any dog unless a certificate signed by a qualified veterinarian is filed with the application showing that the dog described in the application has been inoculated against rabies and the date thereof. The provisions of this section shall not be intended to apply to dogs whose owners are non-residents temporarily within the City nor to dogs brought into the City for the purpose of participating in any dogs show, nor to “seeing-eye” dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.

Any person violating this section shall have committed a non-criminal violation and shall pay a fee as follows: $50.00 for each violation. (Ordinance No. 2009-9) (Ordinance No. 2016-7)

5-103. TERMS OF LICENSE: CANCELLATION: INOCULATED EVERY TWELVE MONTHS. The license herein provided for shall be in force from the date thereof until the first day of January thereafter. Each animal license shall be cancelled at the appropriate time during the license year unless the records of the City Auditor contain written evidence that the animal concerned has been inoculated against rabies at least once every twelve (12) months. (Ord. 1995-3).

5-104. ANIMAL MUST HAVE COLLAR WITH RABIES TAG AND LICENSE TAG ATTACHED. Upon payment of the license fee the City Auditor shall issue to the owner a license certificate and a metallic tag for each animal so licensed. The shape of the tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Each owner shall be required to provide each animal with a collar to which the license tag must be affixed and shall see that the collar and tag are constantly worn. In case a tag is lost or destroyed a duplicate will be issued by the City Auditor upon presentation of a receipt showing the payment of the license fee for the current year and the payment of a Fifty Cent ($.50) fee for such duplicate. Tags shall not be transferable from one animal to another and no refunds shall be made on any license fee because of the death of the animal or the owner’s leaving the city before expiration of the license period. The metal rabies inoculation tag shall also be kept affixed to the animal’s collar at all times. (Ord. 1995-3).

5-105. REGISTERED AND TAGGED ANIMALS, KEPT UNRESTRAINED, WHEN. It shall be lawful for the owner of any animal so registered and tagged as aforesaid to keep the same unrestrained on his private grounds, or at or in any other proper place within the City when such animal is actually in the company, care, custody, and control and under the immediate supervision of such owner or keeper, or any member of his family or any other competent person, but not otherwise. (Ord. 1995-3).

5-106. DOG: RUNNING AT LARGE. It shall be an infraction for any person who is the owner, or who has in his possession, any dog of either sex of any kind, to suffer or permit such dog to run at large within the City Limits, and all dogs running at large within the City Limits are hereby declared to be public nuisances.

Any person violating this section shall have committed a non-criminal violation and shall pay a fee as follows:

First Offense: $100.00

Second Offense within one year: $200.00

Third & subsequent offenses within one year: $300.00

(Ord. No. 2002-2) (Ord. No. 2009-5)

5-107. KEEPING OF FEMALE ANIMALS IN SEASON PROHIBITED: EXCEPTION. It shall be unlawful for any person to keep any female animal within the limits of the City of Lisbon when in season unless such female animal is kept upon the premises of its owner, either by being tethered or kept within a building on said premises.

5-108. IMPOUNDING. It shall be the duty of every police officer or any other person designated by the City Council to apprehend any animal found running at large contrary to the provisions of this article, and to impound such animal in the City Pound, if one is maintained, or other suitable place for the impounding of animals selected by the Chief of Police. The poundmaster, upon receiving any animal, shall make a complete registry entering the breed, color and sex of such animal, and whether it is licensed for the current year. If licensed, he shall enter the name and address of the owner and the number of the license tag. Licensed animals shall be separated from unlicensed animals.

5-109. NOTICE TO OWNER AND REDEMPTION. Not later than three (3) days after the impounding of any animal the owner shall be notified or, if the owner is unknown, written notice shall be posted at three (3) conspicuous places in the City of Lisbon describing the animal and place and time of taking. The owner of any animal so impounded may reclaim such animal upon payment of the license fee, if unpaid, and the sum of Ten Dollars ($10.00) per day to cover the costs and charges incurred by the City for impounding, maintenance, and keeping of said animal, and giving notice, together with all costs incurred for any needed rabies inoculation. (Ord. 1995-3).

5-110. DISPOSITION OF UNCLAIMED OR INFECTED DOGS. It shall be the duty of the Chief of Police to keep all animals so impounded for a period of six (6) days, except as provided below. If at the expiration of six (6) days, or three (3) from the date of notice to the owner or the posting of notice, whichever is longer, such animal shall not have been redeemed, it may be destroyed. Any unlicensed animal required by law to be licensed and which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease shall not be released but may be forthwith destroyed. (Ord. 1995-3).

5-111. MUZZLING. Whenever it becomes necessary to safeguard the public from the dangers of rabies, the Chief of Police, poundmaster or City Health Officer, if any of them deem it necessary, shall request the Mayor of the City of Lisbon to issue a proclamation ordering every person owning or keeping an animal to confine it securely on his premises unless such animal shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled animal running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies. All animals noticeably infected with rabies and displaying vicious propensities shall be killed by the Police Department without notice to the owner. Animals impounded during the first two (2) days of such proclamation shall, if claimed within six (6) days, be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for in Section 5-109. If unclaimed after that period, such animal may be summarily destroyed. (Ord. 1995-3).

5-112. RABIES – NOTICE. If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be placed under the observation of a veterinarian, at the expense of the owner, for a period of two (2) weeks. The owner shall notify the Chief of Police of the fact that his animal has been exposed to rabies and, at his discretion, the Chief of Police is empowered to have such animal removed from the owner’s premises to a veterinary hospital and there placed under observation for a period of two (2) weeks at the expense of the owner.

It shall be unlawful for any person knowing or suspecting an animal has rabies to allow such animal to be taken off his premises or beyond the limits of the City without the written permission of the Chief of Police. Every owner, or other person, upon ascertaining an animal is rabid shall immediately notify the poundmaster or a policeman who shall either remove the animal to the pound or summarily destroy it. (Ord. 1995-3).

5-113. PROCEEDS FROM IMPOUNDED DOGS TO BE PAID INTO GENERAL FUND OF CITY. It shall be the duty of all police officers and the poundmaster to enforce this article; and all money received from redemption and sale of any animal impounded shall be paid into the general fund of the City. (Ord. 1995-3).

5-114. CONTROL OF DOGS. Every person having custody or control of a dog shall prevent said dog, whether or not on the property of its owner or custodian, from, without provocation, molesting, attacking, or otherwise interfering with the freedom of movement of persons in a public right of way. (Ord. 2003-3).

5-115. VICIOUS DOGS: DISPOSITION. Any dog that is determined by the Lisbon Police Chief or City Attorney’s Office to be fierce, dangerous, or vicious; or any dog which interferes with the freedom of movement of persons in a public right of way as prohibited in Ordinance 5-114 of this Chapter is declared to be a public nuisance. The owner, custodian or keeper of any such animal shall be notified of said determination in writing and, upon request of the Chief of Police or City Attorney’s Office, shall surrender such animal for purposes of placement or destruction; provided, however, any said owner, custodian, or keeper of any such animal shall have ten (10) days from the receipt of notification to appeal to the District Court and a hearing shall be held. In the event that the court affirms the determination of the Police Department, the court shall:

Order the surrender of such animal to the Chief of Police to be impounded for purposes of placement outside the City of Lisbon or destruction; or

Order that the owner, custodian or keeper of such animal shall arrange for placement outside the City of Lisbon or destruction of the animal within a set number of days. (Ord 2003-3).

5-116. BARKING, ANNOYING DOGS, PROHIBITED. It is hereby made an infraction, for any person, owner, or keeper, to harbor or maintain at any place within the limits of the City, any dog or dogs which shall run out and bark at any person, or passing object upon or along any street, highway, or other public ground within the limits of said City, or which by its barking, howling, whining, or other disagreeable noises by it or them during the nighttime, or which by its loud and prolonged barking, howling, whining, or other disagreeable noises by it or them during the daytime, shall disturb the people in the locality where owned, kept, or maintained, and upon conviction before the Court of this City of being the owner, keeper, or person who maintains such dog or dogs above mentioned, shall be subject to the penalty as hereinafter defined.

Any person violating this section shall have committed a non-criminal violation and shall pay a fee as follows:

First Offense: $100.00

Second Offense within one year: $200.00

Third & subsequent offenses within one year: $300.00

(Ord. No. 2002-1) (Ord. 2009-8)

5-117 VICIOUS ANIMALS. In order to protect the health, safety and welfare of the residents of the City of Lisbon, the City Council of the City of Lisbon does hereby enact the following provisions, being Sections 5-118 and 5-119 of this Article.

5-118 VICIOUS ANIMALS: KEEPING PROHIBITED. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Lisbon, North Dakota, any vicious animals as defined in Section 5-101(g).

5-119 VIOLATIONS AND PENALTIES. Any person violating or permitting the violation of any provision of this article shall, upon conviction, be punished as provided in Section 20-101. In addition, the court shall order the animal removed from the City. Should the defendant refuse to remove the animal from the City the municipal court judge may find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this ordinance continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this ordinance shall pay all expense, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this ordinance.

Sections 5-120 through 5-122 are hereby abolished. (Ordinance No. 2020-1)

ARTICLE II.

ANIMALS, GENERAL: POUND REGULATIONS

5-201. UNLAWFUL TO KEEP VICIOUS ANIMAL. No person or persons in the City, being the owner of, or keeper of, any dangerous, vicious, mischievous, or unruly animal, and knowing said animal to be such, shall allow or permit the same to be or run at large.

5-202. RABBITS AND GUINEA PIGS. No rabbits or guinea pigs shall be kept within an enclosure within said City; at a distance less than three hundred (300) feet from any dwelling house without the written consent of the owner or tenant of said dwelling.

5-203. UNLAWFUL TO KEEP ANIMALS WITHIN THE CITY LIMITS; DECLARED PUBLIC NUISANCE; EXCEPTIONS. It shall be unlawful for the owner or owners of any farm animal mentioned in Section 5-213 to allow the same to be kept within the limits of the City of Lisbon or to run at large on the streets, avenues, alleys, parks, or public grounds of the City of Lisbon, or to be tethered or staked out on the streets, parks, or Public grounds of the City of Lisbon, or to be so tethered or staked in such a manner as to go upon any street, sidewalk, crosswalk, or public ground within the City of Lisbon, or to be kept, tethered, or staked for brief or temporary periods of time unattended within the limits of the City of Lisbon. Any such animals found within the corporate limits of the City are declared to be a public nuisance. This section shall not apply to the owners of any farm animals temporarily exhibited at any fair or agricultural exhibition provided said animals are stabled and cared for in a sanitary manner approved by the Health Department.

5-204. WHEN ANIMALS IMPOUNDED. Any animal mentioned in Section 5-213 found within the City Limits shall be liable to being impounded according to law.

5-205. DUTIES OF POLICE. It shall be the duty of the Chief of Police or any police officer of toe City of Lisbon to take any of the aforesaid animals so found within the City Limits or running at large or tethered or staked contrary to the provisions of this article and impound the same, in accordance with Section 5-108 or Article I of this chapter.

5-206. COMPLAINT TO MAGISTRATE. Upon the refusal or neglect of the owner of any of the animals mentioned in this article, for twenty-four (24) hours after the impounding of such animal or animals, to pay any fine, fees and charges provided for herein, the Chief of Police or policeman so impounding such animal shall make a complaint in writing to the Municipal Judge, giving a general description of the animal so impounded and the date when impounded and, if known, the name of the owner; and said Municipal Judge shall fix a day and hour for hearing said complaint and the trial of the matter. Such Municipal Judge shall issue notice of such hearing or trial as provided in Section 5-207.

5-207. NOTICE OF HEARING: HOW SERVED. Such notice may be served by the Chief of Police or any police officer of the City, which service shall be made upon the owner of such animal, if known, by giving such notice to said owner in hand, or by leaving a copy thereof at his usual place of abode with some member of the family over fourteen (14) years of age, informing such person of the contents thereof; and, if the owner be unknown, then he shall serve same by posting a copy of such notice in each of three (3) conspicuous places in the City of Lisbon, and, in addition thereto, shall cause a copy thereof to be published once in the official newspaper of the City. He shall make a return in writing of the manner in which such service is made, which return shall be sworn to by him and shall be prima facie evidence of the matter therein stated.

5-208. HEARING. If the notice shall be served or posted and published at least three (3) days before the day therein named for such hearing, then the said complaint shall be for trial at the time and place mentioned in said notice. The City of Lisbon shall be the plaintiff and the owner, or unknown owner of the animals impounded, the defendant in such case or trial. Either party shall be entitled to a trial under the same conditions and in the same manner as any other cases before said Court.

5-209. DEFAULT CASES TO BE TRIED, HOW. If the owner shall fail to appear at the time and place of hearing or trial his default shall be entered and a hearing may be had before the court as in other cases of default.

5-210. JUDGMENT, SALE TO SATISFY. If the owner, or unknown owner, of such animals be convicted of a violation of any of the provisions of this article, then judgment shall be rendered against him for the fine, fees, costs and charges provided herein, and the Court shall make an order directing the Chief of Police to forthwith proceed to sell such animals to pay such fine, fees, costs and charges.

5-211. NOTICE OF SALE, CONTENTS OF, HOW POSTED AND PUBLISHED. Immediately upon receipt of such order the Chief of Police shall proceed to sell such animals at public auction at the pound where they are impounded by first giving ten (10) days notice of said sale by posting the same at the door of the Police Department, which notice shall specify the time and place of such sale, a general description of the animals to be sold, and the date on which same were impounded; and he shall also cause such notice to be published once in the official newspaper of the City, at least five (5) days prior to the time of such sale.

5-212. SALES TO BE FOR CASH, ADJOURNMENT OF, DISPOSITION OF PROCEEDS. All sales made under the provisions of 5-210 shall be for cash in hand; and the sale may be adjourned, from day to day, for good cause. Out of the proceeds of the sale the Chief of Police shall pay all fees and charges as herein provided, and pay over the balance to the City Auditor with a statement of the amount for which such animal or animals were sold and the amount of charges and costs incurred. The amount so paid to the City Auditor shall be for the use of the owner of such animal or animals. The Chief of Police shall not purchase or be interested, directly or indirectly, in the purchase of any animal by virtue of the provisions hereof, under a penalty of ten dollars ($10.00) and the forfeiture of his office.

5-213. NOTICE TO OWNER, HOW MADE, BY WHOM, REDEMPTION, HOW ACCOMPLISHED, FEES FOR. The Chief of Police shall immediately, upon the impounding of any animals mentioned herein, notify the owner of owners, if known to him, either verbally or by leaving a written notice at his place of residence. Any animal which has been restrained or impounded may be redeemed at any time, before the sale thereof by paying the Chief of Police or Poundmaster the following fees, and all other costs up to the time or redemption, viz:

For impounding animals of the horse kind $20.00

For impounding cattle 20.00

For impounding sheep 10.00

For impounding swine 10.00

Providing sustenance for horses, per day 10.00

Providing sustenance for cattle, per day 10.00

Providing sustenance for sheep, goats or swine, per day 10.00

For notifying owners of animals 1.00

For making of service of notice of time 2.00

For writing and posting notice of sale 5.00

Court fees for issuing notice 5.00

Court fees for taking proof and entering judgment 5.00

Court fees for making order of sale 5.00

which fees shall forthwith be turned over to the City Auditor by the said Chief of Police.

5-214. ANIMALS TRESPASSING UPON PRIVATE PROPERTY; RESTRAINT AND DELIVERY. Any and all animals hereinbefore mentioned which shall be found at any time trespassing upon any private property within the limits of the City may be taken up and restrained by the owner of said property, or his agent. Said owner, or his agent, must immediately contact the City Police, the City Poundmaster, or the owner of said animals, if known, and request that the animal be picked up. The destruction or removal from the city limits of said trespassing animal is unlawful, unless done by or at the direction of the City Poundmaster of a City police officer. (Ord. 1995-5).

5-215. UNLAWFUL TO LET OUT ANIMAL FROM PRIVATE ENCLOSURE. No person or persons shall open, let down, break down, tear down, or injure any gate, boards, fence, yard, shed, stable, barn, or other enclosure or building of any person whereby any animal or animals mentioned herein belonging to such person shall get out or escape from any building or enclosure.

5-216. SQUIRRELS, KILLING IN CITY PROHIBITED. It shall be unlawful for any person to kill or injure, or attempt to kill or injure, any squirrel within the corporate limits of the City of Lisbon.

5-217. CRUELTY TO ANIMALS, PROHIBITED. It shall be unlawful for any person, within the City of Lisbon, to inhumanely, unnecessarily, or cruelly beat, injure, or otherwise abuse any dumb animal, as more fully set forth in Section 4-501 of these ordinances.

ARTICLE III

BIRDS AND FOWL

5-301. RUNNING AT LARGE OF DOMESTIC FOWL PROHIBITED. It shall be unlawful for the owner, keeper, or custodian of chickens, ducks, geese, turkeys, pigeons or other domestic fowl to permit or allow the same to run at large within the limits of the City of Lisbon.

5-302. DISTANCE FROM DWELLING DOMESTIC FOWL TO BE KEPT. No chickens, geese, ducks, turkeys, pigeons or other domestic fowl shall under any circumstances, be kept within an enclosure within said city at a distance less than one hundred (100) feet from any dwelling house without the written consent of the owner or tenants of said dwelling.

5-303. WHEN DOMESTIC FOWL PUBLIC NUISANCE. The keeping of any chickens, ducks, geese, turkeys, pigeons or other domestic fowl, which causes unpleasant odors, or the noise from which is an annoyance to persons in the vicinity, or which attract vermin or which are a hazard or danger to the health of persons living nearby, at a distance less than three hundred (300) feet from any dwelling house is declared to be a public nuisance.

5-304. ABATEMENT OF NUISANCE. Any person who owns or keeps, at any time, within the limits of the City of Lisbon any fowl of any kind declared to be a public nuisance, as set forth in Section 5-303 of this Article, who shall fail, neglect or refuse to abate said nuisance by destroying said fowl or removing said fowl from the City of Lisbon or by doing whatever shall be necessary to the abatement of such nuisance within ten days after notice thereof so to do shall be deemed guilty of maintaining a public nuisance.

5-305. UNLAWFUL TO KILL BIRDS OR TO DESTROY EGGS OR NESTS. It shall be unlawful for any person to kill or injure or attempt to kill or injure any wild bird within the corporate limits of the City of Lisbon, or to injure or destroy the eggs or nest of any such bird within said limits.

ARTICLE IV.

PENALTY

5-401. SAVING CLAUSE. Should any section, paragraph, sentence, clause, or phrase of this chapter be declared unconstitutional or invalid for any reason, the remainder of said chapter shall not be affected thereby.

5-402. PENALTY FOR VIOLATION OF CHAPTER. Any person, firm, or corporation violating any of the terms or provisions of this chapter shall upon conviction be punished as provided in Section 20-101. (Ordinance 2000-1).

Chapter 5 – Control of Animals, Birds and Fowl