CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 1. GENERAL PROVISIONS

For the purpose of this article, the following words shall have the following meanings.

(a)   Animal - shall include, but shall not be limited to, cattle, horses, mules, goats, hogs, sheep and rabbits.

(b)   Fowl - shall include, but shall not be limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

(c)   Person - shall mean any person, firm, partnership, association or corporation.

(d)   Undomesticated animal - means and includes any wild mammal, reptile or fowl which is not naturally tame but is of a wild nature or disposition.

(Code 1982)

It shall be unlawful for any person to keep or maintain any undomesticated animal as defined in section 2-101 within the city.

(Code 1982)

Any person who maintains any animal or fowl in any building, pen or enclosure on his or her premises which is not kept clean, sanitary and free from filth, debris, garbage and offensive odors at all times, or which is or becomes offensive to those residing in the vicinity shall be deemed to maintain a nuisance.

(Code 1982)

The board of health or its authorized representative shall have the power to inspect all places within the city where fowl is kept. If the board of health deems the keeping or feeding of such fowl a nuisance, the board shall abate such nuisance as provided in Article 2 of Chapter 7 of this code

(Code 1982)

It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in section 2-106.

(Code 1982)

Any horse, pony, mare, filly, mule, ass, sheep, goat, swine or meat cattle found running at large within the City of Anthony shall be by the chief of police or police officer taken up and by then confined in some suitable pound, pen or building, and properly cared for until the same shall have been disposed of as hereinafter provided.

(Code 1973, 2-101)

Within 24 hours after any such animal shall have been so taken up, the chief of police shall file in the municipal court a statement setting forth a description of the animal, the time and place where the same was found, that it was found running at large contrary to the city ordinances, and the name of the owner, if known. Thereupon, if the owner is known, the municipal judge shall issue a notice setting forth that such animal has been taken up, and that a hearing will be had to determine whether the same was running at large contrary to the city ordinances, and stating the time when such hearing will be held, which shall not be less than two or more than six days from the time of issuing the notice, and such notice shall be forthwith served upon the owner if he or she can be found.

(Code 1973, 2-102)

(a)   If the owner is not known or cannot be found, a notice shall be given in writing or printing, or both, signed by the municipal judge, which shall be posted in three public places in the city, and in that case the hearing shall not be had until the expiration of three days from the posting of such notices. At the hearing the court shall hear evidence and determine whether such animal was found running at large contrary to the ordinances of the city; and if the court finds that the animal was found running at large contrary to the ordinances, it shall order the animal to be sold at public sale by the chief of police;

(b)   Where more than one animal is taken up at the same time, proceedings against all such animals in the municipal court may be had in one suit.

(Code 1973, 2-102)

(a)   The chief of police shall give three days’ notice of the time and place of such sale by posting written or printed notices in three public places in the city. At the sale no person connected with the police department of the city shall bid on such animal, directly or indirectly.

(b)   The money derived from such sale shall be paid into the city treasury, after deducting costs, charges and expenses arising from the taking up and keeping and sale of such animal and the proceedings before the municipal court. The chief of police shall take triplicate receipts from the treasurer for such money, one of which shall be filed with the city clerk and one with the municipal judge, and shall make his or her return of the sale to the municipal court.

(Code 1973, 2-102)

(a)   If the owner of any animal shall apply to the court at any time before the sale of such animal, the court shall order such animal released; but the court shall inquire into the facts, and if it is found that the animal was running at large contrary to the city ordinances, the owner shall be required to pay all costs, charges and expenses of taking up and caring for such animal and of the proceedings in the municipal court plus any cost incurred under section 2-109 before such animal shall be delivered to the owner.

(b)   After such animal shall have been sold, the owner may, within 90 days, by applying to the board of commissioners, receive the amount of the proceeds derived from the sale of such animal, which shall have been paid into the city treasury; but if such owner shall fail to appear within 90 days and apply for such amount, it shall be forfeited to the city.

(Code 1973, 2-103)

It shall be unlawful to break open, pull down, destroy or injure the pound in the city, or any door, gate, fence or enclosure thereof, or take or attempt to take or drive thereout or therefrom any animal therein impounded, or in any manner attempt to retake any animal which shall have been taken up as herein provided without proceeding in the manner hereinbefore set out.

(Code 1973, 2-104)

It shall be unlawful to drive or entice any animal from beyond the limits of the city into the same, or let any animal out of any enclosure in which it may be confined, or aid or abet the letting out or escape thereof in order to take up or impound the same.

(Code 1973, 2-105)

The following fees shall be charged for taking up and impounding each animal:

(a)   For taking up - $10.00;

(b)   For keeping the same, per day - $6.00, plus any actual expense incurred by the city.

(Code 1973, 2-106; Code 2007)

It shall be unlawful for the owner or keeper of any vicious, or dangerous animal of any kind, to permit the same to run or be at large in the city. Any person violating this section on conviction thereof, shall be fined in any sum not less than $4.00 nor more than $100.00 for each offense, and such animal shall be seized, impounded, advertised and sold as provided in this article, and be subject to double the charges mentioned in section 2-113 of this article.

(Code 1973, 2-107)

It shall be unlawful for any person to lariat, tie or keep any of the animals mentioned in section 2-101 of this article, upon any of the streets, alleys, parks or public grounds of the city.

(Code 1973, 2-108)