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DRAFT ORDINANCE

CHEROKEE COUNTY

ANIMAL CONTROL ORDINANCE NO. 07-001

PROPOSED

The Cherokee County Commission finds that it is in the best interests of the citizens in the County to adopt and implement rules and regulations regarding animal control in order to protect its citizens from nuisances related to animals running at large, animals creating excessive noise to the disturbance of citizens, or animals becoming a nuisance to public health within the unincorporated areas of the County. In order to define and address these concerns and pursuant to authority granted to the Cherokee County Commission under Code of Alabama 1975, 11-3A -1 et seq., the Cherokee County Commission adopted and promulgated the following Ordinance on animal control at the _______________________, 2007, regular meeting of the Cherokee County Commission, which adoption is evidence by Resolution dated ______________, Attached hereto as Addendum A.

Section 1 – Jurisdiction

This ordinance shall only apply within the unincorporated areas of the county, and shall in no way be in effect or in force within the municipal limits of any municipality within the county. Additionally, this Ordinance shall in no way affect any protections granted to any persons or business pursuant to Code of Alabama 1975, 6-5-127 or Code of Alabama 1975, 11-3A-1 et seq. However, any municipality or township located within the borders of Cherokee County shall be included in the ordinance if the municipality or township at a regular meeting adopts a resolution to be included in the county Animal Control Ordinance. The municipality or township must agree to pay to the county a portion of the related annual cost associated with the Ordinance at an amount equal to its pro-rated population as determined by the most current census. Any municipality or township that so resolves to be covered by this ordinance shall provide a copy of said adopting resolution to the county administrator who shall then attach said resolution as an amendment to the ordinance.

Section 2 – Definitions

The following words, terms and phrases when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal Control Officer – The person or persons identified in Section 3 as charged with the administration and enforcement of this ordinance.

County Animal Shelter – The animal shelter designated by the county commission to receive animals impounded in the unincorporated areas of the county or joining municipalities or townships to this Ordinance, regardless of whether the shelter is a county facility or a facility providing animal shelter services with which the county has entered into a contract.

Joining Municipalities or Townships – Any municipality or township described in Section 1.

Nuisance Animals – Any animal or animals which:

(A) Are allowed to act or perform in such a manner as to causes damage or unsanitary conditions to public property or the property of another;

(B) Chase, run after, or jumps at vehicles using public streets or alleys;

(D) Scratch or dig in flowerbeds, gardens or soil, or animals that damage the property of persons other than the owner;

(E) Disturb the peace by constantly or incessantly barking or howling, or by constantly or incessantly making other disturbing noises.

Dangerous and vicious animal – Any animal which shall bite or in any manner attack, or attempt to attack, any person or shall severely injure or kill a domestic animal provided, however, that no animal which bites or attacks, or attempts to attack, any person or domestic animal unlawfully upon its owner’s or keeper’s premises, shall be deemed a dangerous or vicious animal.

Dangerous Dog – The term “dangerous dog” as used in this Ordinance shall mean any dog that according to the records of the appropriate authority:

(A) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property.

(B) Has more than once severely injured or killed a domestic animal while off the owner’s property.

(D) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack provided that such actions are attested in a sworn statement by one or more persons.

Stray Dog or Cat – a domestic animal that wanders or roams at large, the owner or person in charge of which is unknown.

Owner – Any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who permits an animal to remain on or about any premises occupied by him or her, or if the owner is a person under the age of eighteen (18) that person’s parent or guardian.

Livestock and Barnyard Animals – Any animal that is considered livestock or a barnyard animal, such as chickens, horses, mares, mules, jacks, jennies, colts, cows, calves, yearlings bulls, oxen, sheep, goats, lambs, kids, hogs, and shoats.

Section 3: Chief Animal Control Officer: Enforcement of Ordinance

The county commission shall appoint one or more persons as animal control officer(s) charged with the administration and enforcement of the provisions of this Ordinance. The animal control officer may be an employee of the county or may be someone performing these duties under contract with the county commission. Additionally, the county commission and the sheriff may enter into an agreement whereby the sheriff and/or his or her deputies shall assist in the enforcement of this Ordinance, and in this instance, the sheriff or any deputy sheriff assigned to perform these functions shall have all authority of an animal control officer when performing these functions.

Section 4: Investigation and Enforcement

The animal control officer shall patrol the unincorporated areas of the county on a regular basis in an effort to monitor compliance with this Ordinance by the citizens of the county. Additionally, any citizen with a complaint alleging a violation of one or more of the provisions of this Ordinance may contact the office of the animal control officer and request that the matter be investigated. The animal control officer shall only investigate upon a citizen complaint where sufficient information is provided and where the citizen provides the animal control officer with his or her name, address, and telephone number and agrees to sign a formal written complaint, if requested to do so.

For the purpose of discharging the duties imposed by this Ordinance and to enforce its provision, the animal control officer is empowered to enter upon any premises upon which an animal is kept or harbored, but only as necessary to investigate any alleged violation of this Ordinance or to issue citations for any violation thereof; provided, however, that no such officer shall interfere with any farming operation in violation of Code of Alabama 1975, 6-5-127 or Code of Alabama 1975, 11-3A-1 et seq.

Section 5: Records

It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of:

(a) The impoundment and disposition of all animals coming into such officer’s custody

(b) All incidents and investigations conducted under this Ordinance

All such records shall be open to public inspection at reasonable times, shall be available to such persons responsible for similar records of the county, and shall be audited in the same manner as other county records are audited.

Section 6: Vaccination of Animals Required

Every owner of an animal four (4) months of age or older, shall cause such animal to be vaccinated against rabies by a licensed veterinarian with the U.S. approved rabies vaccine and shall have such animal revaccinated 12 months after the initial vaccination as required by Code of Alabama 1975, 3-7-2.

Section 6.1 Licensing

(A) Required: The owner or custodian of any animal four months of age and over shall procure an annual County license tag for a fee of $15.00 for each animal which has not been spayed or neutered and a license fee of $8.00 for each animal which has been spayed or neutered. The County tag shall be valid for a one (1) year period from the date of vaccination. However, The owner or custodian of any animal four months of age or over may procure a lifetime County license tag for a fee of $50.00 for each animal which has been spayed or neutered

(B) Application: Application for a license shall state the name, address and telephone number of the owner and the name, breed, color, sex, and distinguishing marks of the animal.

(C) Tagging: The appropriate license fee shall be paid to the Cherokee County Animal Control Department and upon payment, there shall be issued to the person making such a payment, a tag with the words “Cherokee County”, the current year and serial number plainly inscribed thereon, provided that the owner or custodian of the animal shall have proof from a County rabies officer, an authorized representative thereof or a licensed veterinarian that the animal was currently vaccinated for rabies as required by state laws.

(D) Proof of neutering or spaying: Before a County license may be issued for the fee for an animal, which has been spayed or neutered, the owner or custodian of such animal shall provide evidence that the animal has been spayed or neutered. The form shall state the name of the licensed veterinarian who performed the surgery, the name of the clinic where such surgery was performed, the street address of such clinic, the telephone number, the date of surgery and sufficient description of the animals.

(E) Proof of Vaccination: The County department of animal control may issue a license only after presentation of a current rabies vaccination certificate signed by a County rabies officer, an authorized representative thereof, of a licensed veterinarian.

Section 7: Allowing Animals to Run at Large

It shall be unlawful and a violation of this Ordinance for the owner, keeper, or lessee of any animal to permit the same to run at large within the unincorporated areas of the county.

Failure to comply with this section may result in the issuance of citations, civil penalties and fees as provided in Section 17 and/or civil or equitable court action as authorized in Code of Alabama 1975, 11-3A-3(e).

Section 8: Dangerous or Vicious Animals

(A) The Animal Control Department shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred.

(B) A dog shall not be declared dangerous if a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog, its owner, or a family member, sustained the threat, injury, or damage. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog.

(C) After the investigation, the Animal Control Department shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The Animal Control Department shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified, or hand delivery. The owner may file a written request for a hearing within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than twenty-one (21) calendar days and no sooner than five (5) days after receipt of the request from the owner. The individual witnesses may provide duly sworn formal complaints to Animal control requesting that a dog be classified as “dangerous.” The Animal Control Department shall investigate reported incidents involving dogs that may be dangerous and shall require sworn formal complaints from individuals desiring to have a dog classified as dangerous. The animal Control Department may then seek to have the dog classified as dangerous. A committee consisting of members appointed by the County Commission shall conduct the hearing and make the determination of whether the dog shall be classified as dangerous. The criteria specified in section 2 “dangerous” or “vicious” of the Ordinance shall be used in making this determination.

(D) Within 7 days after a dog has been classified as dangerous by the Animal Control Department, the owner of the dog must obtain a certificate of registration for the dog from the Animal Control Department serving the area in which he or she resides, and the certificate shall be renewed annually. The Animal Control Department may issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the animal control authority sufficient evidence of:

(1) a current certificate of rabies vaccination for the dog;

(2) a proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property; and

(3) permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.

(E) An annual fee of $150.00 shall be imposed for the issuance of certificates registration required by this section.

(F) The owners shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous;

(1) is loose or unconfined;

(2) has bitten a human being or attacked another animal;

(3) is sold, given away, or dies; or

(4) is moved to another address.

Prior to a dangerous dog being sold or given away or moved, the owner shall provide the name, address, and telephone number of the new owner and or new address to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local Ordinances, even if the animal is moved from one local jurisdiction to another within the County. The owner of a dog classified as dangerous must notify the Animal Control Officer that the dog is in his or her jurisdiction.

(G) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a sufficient chain or leash and under the control of a competent person. A proper enclosure must consist of chain link cage at least six (6) feet high with a completely attached chain link cover. The cage must have a standard gate opening with a sufficient childproof lock. The animal must be locked in at all times when not being exercised or transported as described below. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate household or persons 18 years of age or older. When being transported, such dogs must be safely and securely restrained within a vehicle.

(H) Hunting dogs are exempt from the provisions of this Section when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and other local laws.

(I) The owner of any dangerous or vicious animal which is not confined in a building or secure enclosure or any person who shall release, either willfully or through a failure to exercise due care or control, or take such animal out of such building or secure enclosure in such a manner which is likely to cause injury to another person or damage to the property of another person shall be guilty of a misdemeanor.

In any event, circumstance or situation regarding dangerous or vicious animals, the owner, keeper or lessee of the animal is ultimately responsible for the actions of the animal.

Section 9 – Excessive Barking or other Noise by Animal

It shall be unlawful and a violation of this Ordinance for any owner, keeper, or lessee of an animal to allow the animal to make excessive noise, such as loud and frequent habitual barking, yelping or howling, or to become a constant annoyance to neighbors, or people passing upon the street. Such behavior shall constitute a nuisance as set out in Section 10 of this ordinance.

Failure to comply with this section may result in the issuance of citations, civil penalties and fees as provide in Section 17 and/or civil or equitable court action as authorized in Code of Alabama, 1975, 11-3A-3(e).

Section 10 – Keeping Animals so as to Constitute Nuisance

It shall be unlawful for any person to keep any animal within the unincorporated areas of the county in any manner as will be or may become a nuisance in any of the following ways:

(a) As a menace to public health, such as by attracting insects or vermin,

(b) By causing obnoxious odors or noises,

(d) By violating any of the provisions in Sections 6, 7, 8, 9, or 10 of this Ordinance.

Section 11 – Livestock and Barnyard Animals

(A) Every owner of livestock shall erect and/or maintain a fence to contain and confine all livestock kept or maintained on his or her premises. Such fence shall be sufficiently strong and substantial so as to prevent egress livestock.

(B) Barnyard Animals and Livestock: Any owner of livestock who unlawfully, intentionally, knowingly or negligently permits the same to run at large or stray upon any street, roadway, right of way, other public area, or the private property of another without consent shall be deemed to be in violation of this Ordinance.

(C) Authority to Impound Livestock or Barnyard Animals Running at Large or Strays: It shall be the duty of the Sheriff or his designee or his deputies, or any other law enforcement officer of the County and/or the Animal Control Division to take up, confine, hold, and impound any livestock found to be running at large or straying, to be disposed of as hereinafter provided.

(D) Disposition of Impounded Livestock and Barnyard Animals: Upon impounding any livestock, the Sheriff or his representative(s) shall forthwith serve written notice upon the owner, advising such owner of the location or place where the livestock is being held and impounded, of the amount due by reason of such impounding, and that unless such livestock be redeemed the same shall be offered for sale. In the event the owner of such livestock is unknown or cannot be found, service upon the owner shall be obtained by publishing a notice in a newspaper of general circulation where the livestock is impounded (holidays excluded).

(E) Kennel/Pet Stores/Flea Market: An animal establishment shall not sell, trade or give away any dog or cat, over three ( 3) months of age, unless the dog or cat has been vaccinated. Appropriate records shall be maintained in accordance with the Code of Alabama (1975) Animal Control shall be permitted to inspect any animal establishment, animal records, and all animals and the premises were such animals are kept at any reasonable time during normal business hours to ensure compliance with all provisions of this Ordinance.

Section 12 – Removal of Stray Animal For Quarantine

The Animal Control Officer is empowered to enter any premises upon which a stray animal has bitten a human being, at the request of the County Health Officer or County Rabies Officer. The animal is to be placed in quarantine under the direct supervision of a duly licensed veterinarian for rabies observation.

Section 13 – Impoundment

(a) Animals found running at large may be taken into custody by the animal control officer or deputy sheriff and impounded in the county animal shelter, and there confined in a humane manner for a period of not less than fourteen (14) days.

(b) Within twenty four (24) hours of impoundment, the animal control officer shall post notice on a bulleting board at the county administration building, which notice shall include the date of impoundment, a description or photograph of the animal impounded, a general description of the area where the animal was found running at large, and detailed information regarding how the owner may regain custody of the impounded animal.

(c) Animals not claimed by their owners following the expiration of fourteen (14) days shall be either placed for adoption or humanely destroyed at the direction of the animal control officer by personnel at the county animal shelter or by a veterinarian under a contract with the county commission for such purpose.

(d) If the owner of an animal impounded shall appear at the county animal shelter within fourteen (14) days, he or she shall be issued a citation for applicable violations of this Ordinance with instructions to pay all penalties and fees assessed for the violation at the office of the animal control officer within fourteen (14) days of the date of issuance of the citation. The animal shall be returned to the owner’s custody upon proof of payment of all penalties and fees assessed; provided, however , that except where the owner has appealed the issuance of the citation as provided in Section 13, if the citation is not paid within fourteen (14) days of the date of issuance of the citation, the animal may be placed for adoption at the county animal shelter or humanely destroyed at the direction of the animal control officer by personnel at the county animal shelter or by a veterinarian under contract with the county commission for such purpose. Additionally, the county may bring action against the owner in the Circuit Court to recover the unpaid penalties and fees and including, but not limited to impounding and veterinary services.

(e) As an alternative to impoundment, when the owner of the animal is known, the animal control officer may, in his or her discretion, return the animal to the owner’s custody and issue a citation for applicable violation of this Ordinance, with instruction to pay all penalties and fees assessed at the office of the animal control officer with fourteen (14) days of the date of issuance of the citation. Except where the owner has appealed the issuance of the citation as provide in Section 18, if payment is not made with fourteen (14) days, the animal control officer shall then take custody of the animal and impound the animal until all penalties and fees are paid. If the citation issued is not paid within fourteen (14) days of the date that the animal is impounded, the animal may be placed for adoption at the county animal shelter or humanely destroyed at the direction of the animal control officer by personnel at the county animal shelter or by a veterinarian under contract with the county commission for such purpose. Additionally, the county may bring action against the owner in the Circuit Court to recovery the unpaid penalties and fees.

Section 14 – Disposition of Dead Animals

Any person may, on his own real property, bury or dispose of any dead animal; provided such person places not less than three (3) feet of earth over the carcass of the animal. Owner must dispose of dead animals within 24 hours of death. It shall be unlawful for any owner to leave a deceased animal on the County right of way.

Section 15 – Extracting Dead Animals In Public Waterways

In the event that an animal is found dead in a public waterway, it shall be to the discretion of the animal control officer to order the extraction of the dead animal. The dead animal shall be removed if it is posing a threat to public health and feasible to remove. The animal control officer shall issue an order to remove or contract to remove the dead animal.

The animal control officer, is empowered to enter any premises in the event an animal is found dead and is a threat to public health.

Section 16- Restrictions on the Number of Animals

Not more than five (5) animals, not including livestock and barnyard animals, shall be allowed in or on any residence of the owner of the person who has custody of the animals, except by special approval by the Animal Control Officer, or except for a month, an animal temporarily nursing a larger litter of recently born baby animals. The first two sentences of the Section shall not apply to kennels and other animal-related businesses that are licensed and permitted according to federal and state statutes.

Section 17 – Citations

The Animal Control Officer(s) are hereby authorized to issue citations and notices to appear for the violation of the Animal Control Ordinance when based upon personal investigation the officer has reasonable and probable grounds to believe that a violation has occurred.

(A) First offense: Animals reported to or observed to be in violation of this ordinance shall be issued a citation to the Owner to pay $25.00 plus court costs.

(B) Second offense: If an Owners Animal is involved in a second violation of this ordinance in a twelve (12) month period, and the Owner can be identified, a citation shall be issued to the Owner to pay $50.00 plus court cost.

(C) Third or More Offenses: If an Owner’s Animal is involved in a third or more violation in a twelve month period, and the Owner of the Animal can be identified, a citation shall be issued to the Owner for violation of the ordinance in the amount of $100.00 plus court costs.

Any person cited with a violation in this Section of the Animal Control Ordinance shall pay the citation within fourteen (14) days of receipt of the citation, the Animal Control Office shall assess a $10.00 late fee for each penalty paid after the initial (14) day period. In addition to the citation(s) above, the owner of an animal which has been impounded shall also pay a boarding fee for the impounding of the animal in the amount of a reasonable contract fee per day for each and every day in which the animal was impounded.

Section 18- Appeal Procedure

(A) First Appeal: Any person who contests any action taken by the animal control officer or deputy sheriff may first file a grievance with the Cherokee County Animal Control Commission, provided that the appeal is filed within fourteen (14) days of the issuance of a citation or impoundment. Notice of the grievance shall be in writing addressed to the chairman of the Animal Control Commission. A copy shall also be delivered to the office of the animal control officer.

(B) Second Appeal: If the appeal is not resolved, any person who contests any action taken by the animal control officer or deputy sheriff has the right to file a second grievance with the Cherokee County Commission, provided that the appeal is filed within fourteen (14) days of the decision of the Animal Control Committee. Notice of the grievance shall be in writing addressed to the chairman of the county commission with a copy delivered to the county administrator. A copy shall also be delivered to the office of the animal control officer.

If the grievance is timely filed, the item will be placed on the agenda of the next regular meeting of the county commission, at which time the grievant shall be given an opportunity to be heard. The animal control officer shall be responsible for providing the owner with written notice of the meeting date, time, and place immediately upon receipt of notice of the grievance, and shall provide the county administrator with a copy of the written notice.

The owner may request a continuance prior to the animal committee or county commission meeting, which shall be granted upon good cause. However, absent a granted continuance, failure to appear at the scheduled meeting with or without notice shall result in dismissal of the grievance.

The animal control officer responsible for issuing the citation or for impoundment of the animal shall also be present at the animal control committee or county commission meeting where the grievance is scheduled to be heard. Upon hearing, the animal control committee or the county commission shall take whatever action it deems appropriate, including, but not limited to, dismissing the citation, waiving any penalties or fees, or leaving the actions of the animal control officer intact.

Section 19 - Available Court Remedies

(a) In addition to all other remedies available pursuant to this Ordinance, in the event that an owner who has been assessed penalties and fees for the violation of any provision of this Ordinance fails to pay all Penalties and fees due with the fourteen (14) days of issuance, the animal control officer may, on behalf of the county, bring action against the owner for the unpaid penalties and fees in the Circuit Court of the county; provided however, that in the event that the owner has filed a grievance with the County Commission pursuant to the provisions of Section 13, no court action shall be filed until such time as the County Commission has taken final action on the grievance files.

(b) In the even that the animal control officer deems it necessary to take action other than the assessment of civil penalties and fees in order protect the citizens against a continuing nuisance created by activities or behavior of an animal in violation of Section 6, 7, 8, 9 or 10, he or she may file an action in the Circuit Court on behalf of the county seeking appropriate equitable relief to abate the nuisance as authorized by Code of Alabama 1975, 11-3A-3(e). Such action shall include, but not be limited to, the following:

(1) An action for a temporary and/or permanent injuction prohibiting the owner form allowing the animal to run at large in the unincorporated areas of the county

(2) An action for a temporary and/or permanent injuction prohibiting the owner from allowing the animal to bark or make other noises excessively

(3) An action against the owner seeking to compel him or her to keep the animal restrained as required in Section 8

(4) An action against the owner seeking to compel him or her to comply with other provisions of this Ordinance and to hold him or her in contempt for the failure to comply with a prior order issued in this regard