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Animal Ordinances
Chapter 4 - ANIMALS
FOOTNOTE(S):
-- (1) --
Charter reference - Regulation of animals, art. II, § 1 (29).
Cross reference - The keeping of any animal which causes frequent or long continued noise disturbing the comfort of any person in the vicinity is prohibited, § 10-91; animals in vehicles on sidewalks restricted, § 15-101.
State Law reference - Offenses against property, animals, T.C.A. § 39-3-101 et seq.; animals and animal husbandry, T.C.A. § 44-1-101 et seq.; rabies control, T.C.A. § 68-8-101 et seq.
ARTICLE I. - IN GENERAL
Sec. 4-1. - Running at large prohibited.
It shall be unlawful for any person owning or being in charge of any cows, swine, sheep, horses, mules or goats or any chickens, ducks, geese, turkeys, or other domestic fowl, cattle or livestock, to knowingly or negligently permit any of them to run at large in any street, alley, or unenclosed lot within the corporate limits.
(Code 1979, § 3-101)
State Law reference - Animals running at large, T.C.A. § 44-8-401.
Sec. 4-2. - Keeping near a residence or business restricted.
No person shall keep any cow, swine, sheep, horse, mule, goat, chicken, duck, goose, turkey or any other livestock or fowl in violation of the terms of the city zoning ordinance, except as provided by T.C.A. § 6-54-126. In no event shall any such animal lawfully kept under the terms of said zoning ordinance be kept within two hundred (200) feet of any residence or business not owned by the animal's owner or on a tract or parcel of land less than 5 acres in area.
(Code 1979, § 3-102; Ord. No. O0607-054, § 1, July 18, 2006)
Sec. 4-3. - Pen or enclosure to be kept clean.
When animals or fowls are kept within the corporate limits, the building, structure, corral, pen or enclosure in which they are kept shall at all times be maintained in a clean and sanitary condition.
(Code 1979, § 3-103)
Cross reference - Health and nuisances, Chapter. 10.
Sec. 4-4. - Reserved.
Editor's note - Ord. No. O0609-064, § 2, adopted October 3, 2006, amended the Code by repealing former § 4-4. Former § 4-4 pertained to a prohibition on cruel treatment, and derived from the Code of 1979, § 3-106.
Sec. 4-5. - Reserved.
Editor's note - Ord. No. O0609-064, § 3, adopted October 3, 2006, amended the Code by repealing former § 4-5. Former § 4-5 pertained to provision of adequate food, water, and shelter, etc., and derived from the Code of 1979, § 3-104.
Sec. 4-6. - Keeping in such manner as to become a nuisance prohibited.
No animal or fowl shall be kept in such a place or condition as to become a nuisance either because of noise, odor, contagious disease, or other reason.
(Code 1979, § 3-105)
Cross reference - Nuisances, § 10-56 et seq.
Sec. 4-7. - Keeping of swine restricted.
No person shall keep swine at any place within the city except in a stockyard or sales barn engaged in the purchase and sale of livestock. Any person who can prove their residence in areas annexed into the city on the date of passage of any annexation ordinance passed after May 1, 1978, and who can prove their ownership of such animals on their premises on the same date of passage, shall be exempt from this restriction for a period of 7 years.
(Code 1979, § 3-107)
Sec. 4-8. - Apiaries and beehives prohibited.
It shall be unlawful for any person to keep or maintain any apiary or beehive within the corporate limits, except in areas zoned agricultural (A) or residential 40 (R40). Any person who can prove his residence in areas annexed into the city on the date of passage of any annexation ordinance passed after May 1, 1978, and who can prove his ownership of such animals on his premises on the same date of passage, shall be exempt from this restriction for a period of 7 years.
(Code 1979, § 3-108)
Sec. 4-9. - Seizure and disposition of animals.
(a)
Any animal found running at large or otherwise being kept in violation of this chapter may be seized by the health officer or by any police officer and confined in a pound provided or designated by the city council. If the owner is known he shall be given notice in person, by telephone, or by a postcard addressed to his last-known mailing address. If the owner is not known or cannot be located, a notice describing the impounded animal or fowl will be posted in at least 3 public places within the corporate limits. In either case the notice shall state that the impounded animal or fowl must be claimed within 5 days by paying the pound costs or the same will be humanely destroyed or sold. If not claimed by the owner the animal or fowl shall be sold or humanely destroyed, or it may otherwise be disposed of as authorized by the city council.
(b)
The poundkeeper shall be entitled to collect from each person claiming an impounded animal reasonable fees to cover the costs of impoundment and maintenance.
(c)
The proceeds of any sale under the provisions of this section shall be applied to the payment of the costs and expenses incurred by the city as a result of the impoundment and the sale. The balance of such proceeds, if any, shall be paid to the owner of the animal sold, upon proper proof of ownership.
(Code 1979, § 3-109)
Sec. 4-10. - Inspections of premises.
For the purpose of making inspections to insure compliance with the provisions of this chapter, the health officer shall be authorized to enter, at any reasonable time, any premises where he has reasonable cause to believe an animal or fowl is being kept in violation of this chapter.
(Code 1979, § 3-110)
Secs. 4-11-4-35. - Reserved.
ARTICLE II. - DOGS AND CATS
Sec. 4-36. - Rabies vaccination and registration required.
It shall be unlawful for any person to own, keep or harbor any dog or cat required to be vaccinated in accordance with T.C.A. § 68-8-104 without having the dog or cat duly vaccinated against rabies and registered in accordance with the provisions of T.C.A. § 68-8-101 et seq.
(Code 1979, § 3-201)
Sec. 4-37. - Tags.
It shall be unlawful for any person to own, keep or harbor any dog or cat which does not wear a tag evidencing the vaccination and registration required by section 4-36.
(Code 1979, § 3-202)
Sec. 4-38. - Running at large prohibited.
It shall be unlawful for any person knowingly to permit any dog owned by him or under his control to run at large within the corporate limits except as provided in T.C.A. § 44-8-408. No person shall permit a dog or cat to defecate on any other individual's property or upon public property without promptly removing said waste material.
(Code 1979, § 3-203; Ord. No. O0904-37, May 19, 2009)
Sec. 4-39. - Vicious dogs to be securely restrained.
It shall be unlawful for any person to own or keep any dog with a known propensity to bite or vicious tendencies to be vicious or dangerous unless such dog is so confined and/or otherwise securely restrained as to reasonably provide for the protection of other animals and persons.
(Code 1979, § 3-204)
Sec. 4-40. - Noisy dogs prohibited.
No person shall own, keep, or harbor any dog, which, by loud and frequent barking, whining, or howling, annoys or disturbs the peace and quiet of any neighborhood.
(Code 1979, § 3-205)
Cross reference - Noise, § 10-86 et seq.
Sec. 4-41. - Confinement of dogs suspected of being rabid.
If any dog has bitten any person or is suspected of having bitten any person or is for any reason suspected of being infected with rabies, the health officer or chief of police may cause such dog to be confined or isolated for such time as he reasonably deems necessary to determine if such dog is rabid pursuant to T.C.A. § 68-8-111.
(Code 1979, § 3-206)
Sec. 4-42. - Seizure and disposition of dogs.
(a)
Pursuant to T.C.A. § 68-8-109, any dog found running at large may be seized by the health officer or any police officer and placed in a pound provided or designated by the city council. If the dog is wearing a tag, the owner shall be notified in person, by telephone, or by postcard addressed to his last-known mailing address to appear within 5 days and redeem his dog by paying a reasonable pound fee, in accordance with a schedule approved by the city council, or the dog will be humanely destroyed or sold. If the dog is not wearing a tag it shall be humanely destroyed or sold unless legally claimed by the owner within 2 days. No dog shall be released in any event from the pound unless or until such dog has been vaccinated and a tag placed on its collar.
(b)
When, because of its viciousness or apparent infection with rabies, a dog found running at large cannot be safely impounded it may be summarily destroyed by the health officer or any police officer.
(c)
Any health officer or police officer may enter the owner's premises to impound an animal which has been seen by that officer off the owner's property.
(Code 1979, § 3-207; Ord. No. 09704-029, May 6, 1997)
Sec. 4-43. - Summons.
Sumner County rabies control officers are hereby authorized to cite any person found to be in violation of sections 4-36 through 4-40 and to issue a summons requiring appearance in city court.
(Ord. No. 09503-009, March 21, 1995)
Sec. 4-44. - Sale of animals.
It shall be unlawful for any person other than a "dealer" as that term is defined in T.C.A. § 44-17-102 to display in public places within the city limits cats and/or dogs for purposes of giving them away and/or selling them. Public places shall include, but not be limited to shopping centers, storefronts, street corners, sidewalks and businesses other than pet shops open to the general public. Nothing in this section shall prevent a person who is not a "dealer" as that term is defined in T.C.A. § 44-17-102 from selling or giving away cats or dogs owned by that person from their own residence.
(Ord. No. O0709-63, § 1, October 16, 2007)
FOOTNOTE(S):
-- (1) --
Charter reference - Regulation of animals, art. II, § 1 (29).
Cross reference - The keeping of any animal which causes frequent or long continued noise disturbing the comfort of any person in the vicinity is prohibited, § 10-91; animals in vehicles on sidewalks restricted, § 15-101.
State Law reference - Offenses against property, animals, T.C.A. § 39-3-101 et seq.; animals and animal husbandry, T.C.A. § 44-1-101 et seq.; rabies control, T.C.A. § 68-8-101 et seq.
ARTICLE I. - IN GENERAL
Sec. 4-1. - Running at large prohibited.
It shall be unlawful for any person owning or being in charge of any cows, swine, sheep, horses, mules or goats or any chickens, ducks, geese, turkeys, or other domestic fowl, cattle or livestock, to knowingly or negligently permit any of them to run at large in any street, alley, or unenclosed lot within the corporate limits.
(Code 1979, § 3-101)
State Law reference - Animals running at large, T.C.A. § 44-8-401.
Sec. 4-2. - Keeping near a residence or business restricted.
No person shall keep any cow, swine, sheep, horse, mule, goat, chicken, duck, goose, turkey or any other livestock or fowl in violation of the terms of the city zoning ordinance, except as provided by T.C.A. § 6-54-126. In no event shall any such animal lawfully kept under the terms of said zoning ordinance be kept within two hundred (200) feet of any residence or business not owned by the animal's owner or on a tract or parcel of land less than 5 acres in area.
(Code 1979, § 3-102; Ord. No. O0607-054, § 1, July 18, 2006)
Sec. 4-3. - Pen or enclosure to be kept clean.
When animals or fowls are kept within the corporate limits, the building, structure, corral, pen or enclosure in which they are kept shall at all times be maintained in a clean and sanitary condition.
(Code 1979, § 3-103)
Cross reference - Health and nuisances, Chapter. 10.
Sec. 4-4. - Reserved.
Editor's note - Ord. No. O0609-064, § 2, adopted October 3, 2006, amended the Code by repealing former § 4-4. Former § 4-4 pertained to a prohibition on cruel treatment, and derived from the Code of 1979, § 3-106.
Sec. 4-5. - Reserved.
Editor's note - Ord. No. O0609-064, § 3, adopted October 3, 2006, amended the Code by repealing former § 4-5. Former § 4-5 pertained to provision of adequate food, water, and shelter, etc., and derived from the Code of 1979, § 3-104.
Sec. 4-6. - Keeping in such manner as to become a nuisance prohibited.
No animal or fowl shall be kept in such a place or condition as to become a nuisance either because of noise, odor, contagious disease, or other reason.
(Code 1979, § 3-105)
Cross reference - Nuisances, § 10-56 et seq.
Sec. 4-7. - Keeping of swine restricted.
No person shall keep swine at any place within the city except in a stockyard or sales barn engaged in the purchase and sale of livestock. Any person who can prove their residence in areas annexed into the city on the date of passage of any annexation ordinance passed after May 1, 1978, and who can prove their ownership of such animals on their premises on the same date of passage, shall be exempt from this restriction for a period of 7 years.
(Code 1979, § 3-107)
Sec. 4-8. - Apiaries and beehives prohibited.
It shall be unlawful for any person to keep or maintain any apiary or beehive within the corporate limits, except in areas zoned agricultural (A) or residential 40 (R40). Any person who can prove his residence in areas annexed into the city on the date of passage of any annexation ordinance passed after May 1, 1978, and who can prove his ownership of such animals on his premises on the same date of passage, shall be exempt from this restriction for a period of 7 years.
(Code 1979, § 3-108)
Sec. 4-9. - Seizure and disposition of animals.
(a)
Any animal found running at large or otherwise being kept in violation of this chapter may be seized by the health officer or by any police officer and confined in a pound provided or designated by the city council. If the owner is known he shall be given notice in person, by telephone, or by a postcard addressed to his last-known mailing address. If the owner is not known or cannot be located, a notice describing the impounded animal or fowl will be posted in at least 3 public places within the corporate limits. In either case the notice shall state that the impounded animal or fowl must be claimed within 5 days by paying the pound costs or the same will be humanely destroyed or sold. If not claimed by the owner the animal or fowl shall be sold or humanely destroyed, or it may otherwise be disposed of as authorized by the city council.
(b)
The poundkeeper shall be entitled to collect from each person claiming an impounded animal reasonable fees to cover the costs of impoundment and maintenance.
(c)
The proceeds of any sale under the provisions of this section shall be applied to the payment of the costs and expenses incurred by the city as a result of the impoundment and the sale. The balance of such proceeds, if any, shall be paid to the owner of the animal sold, upon proper proof of ownership.
(Code 1979, § 3-109)
Sec. 4-10. - Inspections of premises.
For the purpose of making inspections to insure compliance with the provisions of this chapter, the health officer shall be authorized to enter, at any reasonable time, any premises where he has reasonable cause to believe an animal or fowl is being kept in violation of this chapter.
(Code 1979, § 3-110)
Secs. 4-11-4-35. - Reserved.
ARTICLE II. - DOGS AND CATS
Sec. 4-36. - Rabies vaccination and registration required.
It shall be unlawful for any person to own, keep or harbor any dog or cat required to be vaccinated in accordance with T.C.A. § 68-8-104 without having the dog or cat duly vaccinated against rabies and registered in accordance with the provisions of T.C.A. § 68-8-101 et seq.
(Code 1979, § 3-201)
Sec. 4-37. - Tags.
It shall be unlawful for any person to own, keep or harbor any dog or cat which does not wear a tag evidencing the vaccination and registration required by section 4-36.
(Code 1979, § 3-202)
Sec. 4-38. - Running at large prohibited.
It shall be unlawful for any person knowingly to permit any dog owned by him or under his control to run at large within the corporate limits except as provided in T.C.A. § 44-8-408. No person shall permit a dog or cat to defecate on any other individual's property or upon public property without promptly removing said waste material.
(Code 1979, § 3-203; Ord. No. O0904-37, May 19, 2009)
Sec. 4-39. - Vicious dogs to be securely restrained.
It shall be unlawful for any person to own or keep any dog with a known propensity to bite or vicious tendencies to be vicious or dangerous unless such dog is so confined and/or otherwise securely restrained as to reasonably provide for the protection of other animals and persons.
(Code 1979, § 3-204)
Sec. 4-40. - Noisy dogs prohibited.
No person shall own, keep, or harbor any dog, which, by loud and frequent barking, whining, or howling, annoys or disturbs the peace and quiet of any neighborhood.
(Code 1979, § 3-205)
Cross reference - Noise, § 10-86 et seq.
Sec. 4-41. - Confinement of dogs suspected of being rabid.
If any dog has bitten any person or is suspected of having bitten any person or is for any reason suspected of being infected with rabies, the health officer or chief of police may cause such dog to be confined or isolated for such time as he reasonably deems necessary to determine if such dog is rabid pursuant to T.C.A. § 68-8-111.
(Code 1979, § 3-206)
Sec. 4-42. - Seizure and disposition of dogs.
(a)
Pursuant to T.C.A. § 68-8-109, any dog found running at large may be seized by the health officer or any police officer and placed in a pound provided or designated by the city council. If the dog is wearing a tag, the owner shall be notified in person, by telephone, or by postcard addressed to his last-known mailing address to appear within 5 days and redeem his dog by paying a reasonable pound fee, in accordance with a schedule approved by the city council, or the dog will be humanely destroyed or sold. If the dog is not wearing a tag it shall be humanely destroyed or sold unless legally claimed by the owner within 2 days. No dog shall be released in any event from the pound unless or until such dog has been vaccinated and a tag placed on its collar.
(b)
When, because of its viciousness or apparent infection with rabies, a dog found running at large cannot be safely impounded it may be summarily destroyed by the health officer or any police officer.
(c)
Any health officer or police officer may enter the owner's premises to impound an animal which has been seen by that officer off the owner's property.
(Code 1979, § 3-207; Ord. No. 09704-029, May 6, 1997)
Sec. 4-43. - Summons.
Sumner County rabies control officers are hereby authorized to cite any person found to be in violation of sections 4-36 through 4-40 and to issue a summons requiring appearance in city court.
(Ord. No. 09503-009, March 21, 1995)
Sec. 4-44. - Sale of animals.
It shall be unlawful for any person other than a "dealer" as that term is defined in T.C.A. § 44-17-102 to display in public places within the city limits cats and/or dogs for purposes of giving them away and/or selling them. Public places shall include, but not be limited to shopping centers, storefronts, street corners, sidewalks and businesses other than pet shops open to the general public. Nothing in this section shall prevent a person who is not a "dealer" as that term is defined in T.C.A. § 44-17-102 from selling or giving away cats or dogs owned by that person from their own residence.
(Ord. No. O0709-63, § 1, October 16, 2007)