Chapter III · Animals and Fowl

ARTICLE 2. PROTECTION OF ANIMALS

Sections 3-201 to 3-215 · 15 sections

3-201 Animal at-large.

It shall be unlawful for any Person to allow any Animal to Run At-Large within the corporate limits of the City. Running At-Large includes any Animal that is not confined to private Property by a physical boundary. An Animal shall not be deemed to be Running At-Large if:

(a)The Animal is firmly attached to a leash or chain under the physical control of a Person; or

(b)The Animal is Picketed and is adequately restrained to private Property, pursuant to the terms of conditions of this Ordinance; or

(c)The Animal is within a structure or within a fenced area with the permission of the Owner or keeper of the structure or fenced area; or

(d)The Animal is within the boundaries of a clearly marked and functioning Invisible Fence. The Animal must be wearing a fully functioning collar receiver at all times when within the boundaries of the Invisible Fence.

(e)The Animal is a dog and, under the supervision of its Owner or keeper, is using the City’s off-leash dog park in accordance with the City’s rules and regulations for any City off-leash dog park.

Upon a second or subsequent conviction of this section, the Court may order the Owner or Harborer of the Animal to:

(1)Have an identification microchip implanted in the Animal traceable to the current Owner or Harborer, and registered with the City of Newton;

(2)Have the Animal surgically sterilized by a licensed veterinarian within thirty days of the redemption of said Animal at the Owner or Harborer’s expense; and

(3)Verification of sterilization shall be provided to the Animal Control Officer within the thirty-day period.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-202 Neglect and Inhumane Treatment.

It shall be unlawful for any Person to Neglect or carry out inhumane treatment against any Animal. The Animal Control Officer may take charge of any Animal found abandoned or clearly showing evidence of Neglect or inhumane treatment, and may enter upon any private or public Property and inspect, care for, treat, remove or transport such Animal to a licensed Veterinary Hospital for treatment, board or other care, or for other disposition if it appears the Animal is diseased, disabled, or injured beyond recovery. If a Person is convicted of this subsection and the court determines that such Animal Owned or possessed by such Person is likely to be subject to future Neglect and Inhumane Treatment, such Animal shall not be returned to or remain with such Person. Instead the Animal shall be turned over to the Animal Control Officer for sale, adoption or other disposition.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-203 Unlicensed Kennel or Cattery.

It shall be unlawful for any Person to maintain any Kennel or Cattery without a valid City license.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-204 Dog Fighting.

It shall be unlawful for any Person to aid, abet or encourage any dog to attack or fight any other dog by words, signs or otherwise knowingly permit the dog to fight without endeavoring to prevent the same.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-205 Breaking and Training Animals.

It shall be unlawful for any Person to break or train any Animal, except dogs and cats, on any street, sidewalk, or other public place within the corporate limits of the City.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-206 Picketing Animals.

It shall be unlawful for any Person to Picket any Animal in violation of any of the following regulations:

(a)A Tether must be at least ten (10) feet in length but shall not be such length as will allow the Animal to leave the boundaries of the Property on which it is Picketed.

(b)Excluding the object to which an Animal is Picketed, the total weight of the Tether and any collar, harness or other parts or attachments thereto shall not exceed an amount which is one-eighth (1/8) of the weight of the Animal being Picketed.

(c)A Tether must be attached to an Animal only by means of a collar, harness other similar device which is designed for such a purpose and which is made from a material that prevents injury to the Animal. No Animal shall be Tethered by means of a choke chain, prong collar or metal chain.

(d)The area in which an Animal is Picketed and the manner in which an Animal is Picketed shall be such that it is free from objects which could lead to the entanglement of the Tether or to the strangulation of the Animal.

(e)The area in which an Animal is Picketed shall have Adequate Food and Drink within reach of the Animal, and shall have one (1) or more areas within reach of the Animal which at any time during the period of Picketing will provide shade from the sun and shelter from precipitation.

(f)No Animal shall be Picketed on public Property unless the Animal is under the direct supervision of its Owner.

(g)No Animal shall be Picketed outside between the hours of 11:00 p.m. and 5:00 a.m.

(h)No Animal shall be Picketed at any time if the temperature is below 32 degrees or above 85 degrees, or during any heat or wind chill advisory or watch or warning issued by the National Weather Service.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-207 Killing Animals.

It shall be unlawful for any Person to willfully and unjustifiably kill any Animal within the corporate limits of the City; provided, that this section shall not be interpreted as prohibiting any act done in self-defense or done to defend another Person.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-208 Dyed Animals.

It shall be unlawful for any Person to sell or offer for sale, barter, or give away any Animal or Fowl that has been dyed or treated so as to impart to them an artificial or unnatural color.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-209 Animals in Streets.

It shall be unlawful for any Person to permit any Animal, whether or not restrained, to have access to public walkways or streets so as to impede safe pedestrian or vehicular traffic.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-210 Striking Animals.

It shall be unlawful for any Person to strike down any Domesticated Animal with a motorized vehicle on the roadway without reporting the same to the Animal Control Officer or the Police Department.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-211 Animals in Vehicles.

It shall be unlawful for any Person to place or confine an Animal or allow an Animal to be confined in a motor vehicle or trailer in such a manner or under such conditions or for such periods of time as to endanger the health or wellbeing of the Animal, including, but not limited to, extremes of heat or cold, lack of food or water, or any other circumstances which may cause suffering, disability, injury, or death.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-212 Transporting Animals.

It shall be unlawful for any Person to transport an Animal in the trunk of a vehicle; or to transport any Animal in the open bed of a truck unless said Animal is secured in a cage.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-213 Allowing an Aggressive Animal At-Large.

It shall be unlawful for any Person to allow any Animal to become an Aggressive Animal At-Large.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-214 Habitual Violator.

It shall be a separate municipal offense for any Person to become a Habitual Violator as defined in this Chapter. Such Person shall be cited as a Habitual Violator upon meeting the definition of a Habitual Violator. A Person cited for violation of this Section shall be required to appear in Municipal Court.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

3-215 Violations and penalties.

Any Person who shall be convicted of violating any provisions of this Article shall be deemed guilty of a Class “B” violation and shall be punished by a fine as hereinafter provided or by confinement in the county jail for a period not exceeding one hundred eighty (180) days or by both such fine and confinement. Each day that a violation of this Article occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation. The fine prescribed above for the first conviction for a violation of a provision of this Article shall be an amount not less than $100 nor more than $200; and for the second conviction for a violation of the same provision shall be an amount not less than $200 nor more than $500; and for the third or any subsequent conviction for a violation of the same provision shall be an amount not less than $500 nor more than $1,000. For the purposes of this subsection, prior convictions shall include any past conviction of the same offense with a conviction date that is within five (5) years prior to the offense date of the offense prosecuted as a second, third or subsequent offense.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)