ORDINANCE NO. 2009-01
BE IT ORDAINED BY THE TOWN
COUNCIL OF THE TOWN OF
SECTION 1. ENFORCEMENT OF DOG CONTROL ORDINANCE
(A) When any dog is found by a dog control
officer to be in violation of the provisions of this ordinance, and the owner
of said dog becomes know to a certified police officer of the Town of Cedar
Bluff, said officer may issue a citation to said owner for said violation
directing owner to appear in district court at a time and date stated therein
to answer to charges of violations of this ordinance which shall be state in
said citation. It shall be unlawful and
a misdemeanor for any person to fail to appear in the district court at the
time and place stated in a citation issued by a certified police officer of the
Town of
SECTION 2. DEFINITIONS
The following words or phrases, whenever they appear in this ordinance, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section:
(A) The term “Dog” shall mean and include all members of the canine family three months or more of age.
(B) The term “Person” shall mean and include any individuals, firms, partnerships, and associations, the singular shall include the plural and the masculine the feminine and neuter.
(C) The term “Owner” shall mean and include any person having a right of property in the dog, or who keeps or harbors a dog, or who has it in their care, or acts as its custodian, or who permits a dog to remain on or about any premises occupied by them
(D) The term “Inoculation against rabies” shall mean the injection, subcutaneously or otherwise, as approved by the state health officer and the state veterinarian, of canine anti-rabies vaccine, approved by the state health officer and the state veterinarian.
(E) The term “At Large” shall mean off the premises of the owner, and not under the control of the owner or their agent either by Leash, Cord, Chain or Otherwise, not to exceed 8 feet in length.
(F) The term “Pound” shall mean the Cherokee County Animal Control Department.
SECTION 3. INOCULATION AGAINST RABIES REQUIRED
It shall be unlawful for any person to possess, keep or harbor in the Town of Cedar Bluff, on and after the 1st day of October of any year, any dog which has not been inoculated against rabies, pursuant to and as is required and provided for by the laws of the state of Alabama, and particularly by Chapter 7 of Title 3 (Section 7-1, ET SEQ.), Code of Alabama 1975 as amended.
SECTION 4. IMPOUNDING OF DOGS DUTY OF OWNERS
(A) It shall be the duty of every owner of a dog to keep such animal from being “At Large” and to keep said animal under effective restraint, and in a humane manner. No owner shall fail to provide their animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shelter space and shelter from the elements. Shelter being designed specifically for a dog and of the appropriate size for said animal. Dogs to be confined in fenced yard/pen, or on a run cable, chained dogs to be kept in a manner that the chain can not become entangled, thereby endangering animal.
(B) It shall be unlawful and a nuisance for the owner of a dog to fail to keep a dog under effective restraint or permit a dog to be “at large”
(C) Whenever a dog is found to be running “At Large” in or about any street, through fare, place, Lot, or premises contrary to the provisions of this ordinance, it shall be the duty of the dog control officers to take such animal into custody ad remove or cause it to be removed to the pound and placed in charge of the pound director.
SECTION 5. NOISY DOGS
(A) It shall be unlawful and a nuisance for any owner or other person in charge to keep on a residential or on commercial premises within the corporate limits of the Town any dog or dogs, known to said owner or other person in charge, to habitually, continuously, or intermittently make or emit sounds or noises of such volume and nature as unreasonable to interfere with or disturb the peace quiet, comfort and repose of persons or ordinary sensibilities within the neighborhood in the reasonable use and enjoyment of adjacent property.
(B) It shall be unlawful and a nuisance for any owner or other person in charge to keep on any tract, lot or premises within the Town any dog or dogs, whether the same be housed or kept in a corral, kennel, building or otherwise under such circumstances that the sounds or noises emitted by said dog or dogs are of such volume and nature as unreasonably to interfere with or disturb the peace, quiet, comfort and repose of persons of ordinary sensibilities in the reasonable use and enjoyment of any adjacent property used for residential or commercial purposes.
(C) Any owner or person in charge of violating this section shall be guilty of maintaining a nuisance and, upon conviction, shall be guilty of maintaining a nuisance and, upon conviction, punished as hereinafter provided for violations of this ordinance provided, however, that no prosecution shall be commenced and no arrest made pursuant to this section 12, except upon affidavit made before, and warrant issued by, a district judge or circuit clerk of Cherokee County.
SECTION 6. VICIOUS DOGS
It shall be unlawful for the
owner or other person in charge thereof to harbor or keep in the Town of
SECTION 7. FEMALE DOG IN HEAT
It shall be unlawful for the owner or other person in charge of any female dog in heat to suffer or permit such female dog to run a large at any time during such period.
SECTION 8. OTHER UNLAWFUL ACTS
It shall be unlawful for the owner or other person in charge of a dog to own or keep a dog within the Town of Cedar Bluff which:
(A) Shows vicious habits or molests passersby who are lawfully on a public street, public right of way, public park or school grounds, whether or not such dog is on a public street; or
(B) At any time has attacked or bitten a person off the premises of the dog’s owner or keeper; or
(C) Habitually runs or barks at pedestrians, joggers, teams or vehicles; or
(D) Is kept upon the premises of the owner or person harboring said dog under such unsanitary conditions that the maintenance or keeping of said dog creates vile smells to the annoyance of the public in the vicinity; or
(E) Gets into, overturns, and/or scatters garbage; or
(F) Damages or destroys gardens, flowers, and/or shrubs, or otherwise interferes with the welfare of the neighborhood
SECTION 9. VIOLATIONS
Each violations of any provision
or requirement of this ordinance shall constitute an offense against the Town
of
SECTION 10. PENALTIES
Any person or persons violating any provision or requirement of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished for such violation by a fine not exceeding $500.00 and/or may be imprisoned or sentenced to hard labor for the Town for a period not exceeding six months, at the discretion of the court trying the case.
SECTION 11. SEVEBILITY
If any Section, Part, Portion, Provision, or Requirement of this Ordinance shall be held unconstitutional or otherwise invalid, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, and the remainder of this Ordinance shall continue in full force and effect notwithstanding such holding.
SECTION 12. REPEAL OF CONFLICTNG ORDINANCES
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.
SECTION 13. EFFECTIVE DATE
This Ordinance shall become
effective on the _13th___ day of _January_, 2009.
___________________________________
MAYOR
S.E.A.L
ATTEST:
______________________________
TOWN CLERK
CERTIFICATE
The above forgoing Ordinance No. 2009-01 was duly adopted by the Town Council of the Town of Cedar Bluff, Alabama at a Regular Meeting held on Monday, January 12, 2009, and was duly published by posting said ordinance in four (4) public places within the corporate limits of the Town of Cedar Bluff, Alabama, at the following places: Town Hall, Union State Bank, Generations Bank, and Cedar Bluff Post Office on January 13, 2009.
___________________________
Town Clerk