Subject: 9993/Code/Ch7-ArtIII/Cat-DogRegulation Date: Mon, 27 Feb 1989 12:20:00 -0500 ORDINANCE NO. 9993 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, CHAPTER 7, ARTICLE III, RELATING TO THE REGULATION OF DOGS SO AS TO ALSO REGULATE CATS AND TO PROVIDE AN ADDITIONAL FIVE DOLLAR ($5.00) SURCHARGE FOR UNNEUTERED DOGS AND CATS. WHEREAS, the City of Chattanooga has authority, pursuant to its Charter, to license, tax, regulate or suppress the keeping and going at large of all animals; and WHEREAS, The Humane and Educational Society of Chattanooga is required to destroy approximately 3,000 animals per year; and WHEREAS, said Humane Society processes approximately 100 animal bites per year; and WHEREAS, stray dogs and cats, which are generally not inoculated against rabies, present a danger to the public health and safety; and WHEREAS, said Humane Society processes approximately 1,500 cats per year and 2,500 dogs per year through the shelter; and WHEREAS, local veterinarians are supporting a Humane Society program to neuter dogs and cats which are adopted from The Humane and Educational Society of Chattanooga; and WHEREAS, said Humane Society has been empowered and authorized to maintain a shelter for lost, stray, or homeless 0C animals, and to utilize fees and to enforce laws which may be passed relating to humane work; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That Chattanooga City Code, Part II, Chapter 7, Article III, be and is hereby deleted in its entirety and a new Article III substituted in lieu thereof as follows: ARTICLE III. DOGS AND CATSF F Sec. 7-51. Enforcement of article; obstructing enforcement. The poundkeeper shall enforce the provisions of this article and shall have the power to make arrests for the violation thereof. It shall be unlawful for any person to hinder, molest or interfere with the poundkeeper in the performance of his duties hereunder. Sec. 7-52. Registration required; exception. (a) The owner of every dog and cat over the age of three (3) months in the city shall register such dog or cat annually with the poundkeeper. The poundkeeper shall state upon each certificate for registration or renewal thereof the sex, breed, age, color and name of the dog or cat, together with its markings, if any, the name and address of the owner and the date of registration. Such registration shall be effective for one (1) year from the date of issuance of such certificate of registration. Owners of dogs or cats who have failed to register their animals and owners of dogs or cats who have failed to renew the registration of their animals within thirty (30) days of the expiration of any prior certificate of registration shall be deemed delinquent and shall be subject to an additional late fee of two dollars ($2.00) per dog or cat in addition to the regular annual registration fee and in addition to any fine imposed upon such owners by a court of competent jurisdiction. (b) The provisions of this section shall not apply to nonresidents of the city who are traveling through the city or temporarily sojourning therein for a period of less than thirty (30) days, nor to persons bringing dogs or cats into the city exclusively for show or exhibition purposes. Cross reference-Businesses, trades and occupations, Ch. 11. Sec. 7-53. Who deemed owner. If any dog or cat is found on the premises of any person for a period of ten (10) days or more, this shall be prima facie evidence that such dog or cat belongs to the occupant of such premises. Any person keeping or harboring a dog or cat for ten (10) consecutive days shall, for the purposes of this article, be declared to be the owner thereof and liable for violations of this article. Sec. 7-54. License tag. The poundkeeper shall issue a metal license tag for each dog or cat registered as provided herein, marked "Registered, [date], City of Chattanooga, No. ---." Such tag shall be fastened to the dog's or cat's collar and worn by the dog or cat when off the premises of its owner or custodian. It shall be unlawful for any person to use a tag on a dog or cat for which such tag was not issued. Cross reference-Businesses, trades and occupations, Ch. 11. Sec. 7-55. Registration fees. The annual license and tax for dogs and/or cats shall be five dollars ($5.00) each; provided, that a surcharge of an additional five dollars ($5.00) shall be levied against all dogs and cats which are not neutered. Provided further, that the maximum annual charge for licenses and taxes for any person owning more than five (5) dogs and cats shall be fifty dollars ($50.00). The poundkeeper is authorized to charge a fee of two dollars ($2.00) for each lost tag replaced. Sec. 7-56. Use of license fees and taxes. (a) The licenses and taxes collected pursuant to this article shall be used by the Humane Educational Society for the purposes set forth in the Private Acts of 1925, Chapter 557, as may be amended. (b) The surcharge for unneutered dogs and cats shall be used exclusively in the spay and neuter program of the Humane Educational Society. Sec. 7-57. Dogs running at large. It shall be unlawful for any person to allow any dog belonging to him or under his control or habitually found on premises occupied by him or immediately under this control to go upon the premises of another, or upon any public street or sidewalk or other public property in the city, unless such dog is attended by the owner or his representative or under the immediate control of such owner or representative. To be deemed under control, as provided herein, such dog shall not be more than fifty (50) feet away from the owner or representative and immediately responsive to his call. Any dog found running at large in violation of this section and any dog required to be registered found at large unregistered, whether or not in violation of this section, is declared to be a nuisance and liable to seizure and disposal as provided in this article. Sec. 7-58. Taking possession of, harboring dogs or cats at large. It shall be unlawful for any person in the city to harbor or keep in his possession or under his control any dog or cat, whether or not tagged and registered, found running at large, except for the purpose of notifying the poundkeeper or the owner and holding such dog or cat until the poundkeeper or owner demands it. Any person taking possession of any dog or cat shall, within twenty-four (24) hours thereafter, notify the poundkeeper or owner of his action and advise him where such dog or cat may be found. Sec. 7-59. Inoculation required. (a) Any person who owns, keeps or harbors a dog or cat within the city shall have such dog or cat properly inoculated or immunized against rabies, and shall, each year, have such dog or cat reinoculated. Any person who obtains an uninoculated dog or cat shall at once have such dog or cat properly inoculated against rabies and have such inoculation repeated yearly; provided that, dogs and cats need not be inoculated before reaching the age of three (3) months; provided, further, that, the provisions of this section shall not apply to nonresidents of the city traveling through or temporarily sojourning in the city for a period of not more than thirty (30) days, nor to persons bringing dogs or cats to the city exclusively for show or exhibition purposes; provided, further, that, the owner of such dogs or cats shall keep them confined. (b) No person shall bring a dog or cat into the city for sale, exchange or giving away unless such dog or cat has been inoculated by a veterinarian of the state in which the owner lives or by some person au- thorized to make vaccination and the owner of such dog or cat has in his possession a certificate of the person making the vaccination or inoculation; unless such dog or cat is kept confined or on a leash. Sec. 7-60. Inoculation prerequisite to license. No dog or cat license required by this article shall be issued for any dog or cat unless the owner thereof furnishes a valid certificate that such dog or cat has been inoculated or immunized against rabies within the previous twelve (12) months. Sec. 7-61. Inoculation records required; tags. Any person who inoculates or reinoculates a dog or cat against rabies shall keep a record of such inoculation or reinoculation, which record shall be subject to inspection by the director of health or his representatives, and shall provide the owner of the dog or cat with an approved tag, which shall have thereon, indelible or engraved, the year of inoculation and a number which shall correspond with the number on the record kept by the person inoculating or reinoculating such dog or cat. Such tag shall be securely fastened to the collar worn by the dog or cat. Sec. 7-62. Impounding, destruction of violating dogs or cats authorized. The poundkeeper shall take up and impound any dog or cat found running at large in violation of this article; provided that, if any dog or cat so found is sick, injured or of a vicious nature, the poundkeeper may humanely destroy such dog or cat immediately. If, in the attempt to seize any dog or cat, it becomes impossible to secure it with the hands, the poundkeeper, if convinced that the seizure of the dog or cat is necessary to the public welfare and safety, may destroy it by shooting it, provided he is close enough to the animal to kill it humanely and so far removed from any bystander that no human life may be imperiled by the act. Sec. 7-63. Care while in custody. The poundkeeper shall provide clean, comfortable and sanitary quarters for all dogs and cats, keeping males and females and vicious dogs in separate stalls, and shall provide a liberal allowance of wholesome food and fresh, clean water and clean bedding. Sec. 7-64. Owner of registered dog or cat to be notified of impounding. If any dog or cat seized as provided in this article is registered, the poundkeeper shall give notice by postcard sent by United States mail to the address of the owner given on the registration record, within twenty-four (24) hours after the seizure of such dog or cat. Sec. 7-65. Redemption of impounded dogs or cats by owner; fees. The owner of a registered dog or cat may claim and redeem it by paying the poundkeeper an impoundment fee of ten dollars ($10.00) and board for each day after the first forty-eight (48) hours of detention at the rate of three ($3.00) per day. The owner of an unregistered dog or cat may claim and redeem it upon payment of the registration fee required by section 7-55 of this Code and an impoundment fee of ten dollars ($10.00) and board for each day such dog or cat is detained at the rate of three dollars ($3.00) per day; provided, however, that, upon a second offense the above impoundment fee shall be twenty-five dollars ($25.00) and upon third and subsequent offenses shall be fifty dollars ($50.00) in addition to the board of three dollars ($3.00) per day as set out above. Sec. 7-66. Release to persons not owners. An unclaimed dog or cat may be redeemed by a person other than the owner thereof upon payment of the registration fee provided in section 7-55 of this Code, if such dog or cat is unregistered, and the impoundment fee of ten dollars ($10.00) and board for each day of detention as provided in the preceding section; provided that, such person shall furnish two (2) satisfactory references and sign a written agreement that the dog or cat will be cared for humanely and returned to the pound if the poundkeeper so demands. Such person shall also agree that in the event the owner of such dog or cat claims it within a period of thirty (30) days, upon demand of the poundkeeper and the payment by the owner to the poundkeeper for the use and benefit of such person of the fee and board paid out by such person and board for the period that such person has cared for the dog or cat at one dollar ($1.00) per day, such dog or cat will be returned to the poundkeeper, who shall return it to the owner. Dogs and cats shall not be released to persons other than their owners for any other purpose than to serve as pets or watchdogs. Sec. 7-67. Disposition of unclaimed dogs or cats. Any registered dog or cat impounded shall be kept for a period of three (3) days after notice to the owner, and if not redeemed within such period may be humanely destroyed or otherwise disposed of. Any unregistered dog or cat impounded shall be kept for three (3) days and if not claimed or redeemed shall be humanely destroyed or otherwise disposed of. Sec. 7-68. Detention where rabies suspected. Every dog or cat which has bitten humans or has been exposed to rabies or which is suspected of having rabies shall be impounded for a period of ten (10) days or more by the poundkeeper, or, at the option of the owner of such dog or cat, shall be detained in a reputable veterinary hospital on condition that such owner shall make arrangements with such veterinary hospital and shall be liable for the payment of the charges while such dog or cat is confined therein. During such confinement the dog or cat shall be under the observation and supervision of the director of health, and it shall be released or humanely destroyed by the poundkeeper after the termination of the observation period according to instructions from the director of health. The director may order the poundkeeper to destroy such dog or cat at any time during the period of observation if evidence is such as to convince the director that the dog or cat has rabies. During the period of observation, the owner of such dog or cat shall be liable for board fees, as provided in section 7-65 of this Code, if such dog or cat is confined at the pound. State law reference-Rabies generally, T.C.A., A7A7 68-8-101 -- 68-8-114. Sec. 7-69. Disposition of fees. (a) All fees collected under this article shall be used for the enforcement of its provisions. (b) The surcharge for unneutered animals shall be used exclusively in the spay and neuter program. Cross reference-Businesses, trades, and occupations, Ch.11. Secs. 7-70 -- 7-80. Reserved. SECTION 2. That this ordinance shall be effective two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading January 25, 1994. s/s_________________________________ CHAIRPERSON APPROVED:__X___ DISAPPROVED: _______ DATE: January 27, 1994. s/s_________________________________ MAM:cjc MAYOR 0C Charter reference--Animals and fowl, A7 2.1(24); dog licenses generally, A7 2.13. Cross reference--Dogs prohibited at large in trailer camps, A7 34-38.