AN ORDINANCE TO AMEND THE ANIMAL CONTROL ORDINANCE FOR THE CITY OF JACKSON, TENNESSEE
SECTION 1. Be it ordained by that the Council of the City of Jackson, Tennessee amend the text of the official Animal Control Ordinance, Title 10, Chapter 1 by amending Section 10.101 Definitions, adding Sections 10-105 through 10.111 to the existing Animal Control ordinance as indicated by the underlined sections below:
1. IN GENERAL.
2. LIVESTOCK AND OTHER FARM ANIMALS.
3. VICIOUS DOGS.
10-102. Running at large prohibited.
10-103. Noise prohibited.
10-104. Cruelty to animals.
10-105. Unaltered animals
10-106. Proof of Compliance
10.108. Use of fees collected.
10-101. Definitions. Whenever in this title the following terms are used, they shall have the meanings respectively ascribed to them in this section.
(1) "Animals and fowls" as specifically named by whatever name they might be called, and includes every age and sex of each of the herein named species of animals and fowls.
(2) "Approval" means approval by the health officer pursuant to power granted to him in this chapter.
(3) "Health officer" is the director of health and sanitation of the city.
(4) "Keeper" refers to any person owning, keeping, having, using or maintaining any of the animals or fowls herein referred to.
(5) "Rodent-proof" is a state or condition not conducive to entry, feeding or harboring of rodents.
(6) "Sanitary" means a condition of good order and cleanliness which precludes the probability of disease transmission. (1972 Code, § 6-1)
(7) “Owner” means
(a) any person, partnership, or corporation owning an animal;
(b) any person in charge of maintaining an animal; or
(c) any person who feeds, shelters, or harbors and animal or permits it to remain on such person’s property; or
(d) if the animal is owned by a person under the age of eighteen (18), that person’s parent or guardian.
(8) “Spay/Neuter” means that a licensed veterinarian performs an operation on a dog or cat to prevent a litter of puppies or kittens. Females are spayed and males ar neutered. An unaltered animal is one that has not been spayed or neutered.
10-102. Running at large prohibited. It shall be unlawful for any person raising, owning and/or keeping any dog or other animal to willfully suffer or permit any such creature to run at large upon the public streets, avenues, alleys, parks or other public property of the city, or to willfully suffer or permit any dog or other animal to run at large or to go upon the premises owned or in possession of or under the control of any other person in the city. (1972 Code, § 6-38)
10-103. Noise prohibited. No person shall willfully or knowingly keep or harbor on his premises any dog or other animal that makes or creates loud and obnoxious noises by whatever method created, thereby disturbing the peace of the neighborhood or disturbing the occupant of adjacent premises or people living in the vicinity of such loud and obnoxious noise.
A person shall be deemed to have willfully and knowingly violated the terms of this section if such person shall have been notified by any police officer of such disturbance and shall have refused for a period of twenty-four (24) hours to correct such disturbance and prevent its recurrence. (1972 Code, § 6-39)
10-104. Cruelty to animals. It shall be unlawful for any person to cruelly maltreat any dumb animal in the city; or to willfully and wantonly kill, maim, wound, poison or disfigure any horse, ass, mule, cattle, sheep, goat, swine, dog or other domesticated animal, bird or beast of any kind; or to mutilate, cruelly kill, over-drive, over-ride or over-load, or unnecessarily confine, or in any manner oppress the same; or to unnecessarily fail to provide the same with proper food, drink or shelter; or to drive, work or use the same when such animal is maimed, wounded, sick, lame or otherwise unfit for labor; or to willfully abandon the same to die; or to carry or to cause the same to be carried, hauled or forced along in a cruel or inhumane manner; or to leave any animal tied up or confined anywhere, day or night, for more than six (6) hours at a time without properly feeding, watering and caring for the same. This section shall not be construed to prevent policemen or other persons from destroying dogs or other animals when lawfully entitled to do so. (1972 Code, § 6-7)
10-105. Unaltered Animals. No person shall own, harbor, or keep within the Ciy of Jackson, a dog over the age or six months or a cat over the age of 6 months which has not been spayed or neutered. Anyone with an unaltered cat over the age of 6 months or dog over the age of 6 months, if unaltered for any other reason than described below is required to pay an annual fee in the amount of $20.00 per animal per owner. The fee will be collected by the City of Jackson Animal Care Center. It is the legislative intent that the provision of this section shall not apply to the following:
- Dogs documented as having been appropriately trained and actually being used by public law enforcement agencies for law enforcement activities, or such dogs designated as breeding stock by an appropriate agency or organization as approved by the Director of the Jackson Animal Care Center.
- Dogs having been appropriately trained and actually being used as a service dog such as a guide dog, hearing dog, assistance dog, seizure alert dog, or social/therapy dog, or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of the Jackson Animal Care Center.
- Dogs documented as having been appropriately trained and actually being used by search and rescue agencies for search and rescue activities, or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of the Jackson Animal Care Center.
- Dogs or cats certified by a licensed veterinarian as having a health reason for not being spayed or neutered.
- Dogs which are appropriately trained and actually being used for herding of other animals, or as livestock guardian dogs, hunting dogs, or such dogs designated as breeding stock by an appropriate agency or organization and approved by the Director of the Jackson Animal Care Center.
- Dogs or cats boarded in a licensed kennel or business, which boards such animals for professional training or resale.
- Dogs or cats which are registered with the American Kennel Club, the Cat Fancier Association, United Kennel Club, American Dog Breeders Association, or other recognized registry or trained and kept for the purpose of show, field trials, or agility trials.
- Dogs or cats harbored by a public shelter, rescue organization whether public or private, the principal purpose of which is securing the adoption of dogs or cats, provided that such organization requires the spaying or neutering of all animals placed for adoption by such organization.
- Dogs or cats who owner has obtained an annual unaltered animal permit issued by the City of Jackson.
A dog or cat governed by this section shall be spayed or neutered by its owner or, if eligible, the owner shall obtain an unaltered animal permit within 30 days of the cats becoming 6 months of age and dog becoming 6 months of age. In the case of the owner whom acquired a cat after 6 months or dog after 6 months of age, a permit is required within 30 days of acquisition. A unaltered permit holder should notify the City of Jackson in writing of any change in ownership within 30 days of change.
10-106. Proof of Compliance. Proof of compliance may include but not limited to:
- A uniform mark or symbol at the spay incision site such as one that is in conformance with the American Veterinarian Medical Association (AVMA) standards;
- A written statement from a veterinarian, which identifies the animal and explains why the animal is exempt;
- A current rabies certificate, which identifies the animal and states that it has been spayed or neutered;
- A visual inspection and determination by the enforcement officer that the animal ahs been altered.
(1) The provisions of this section shall be enforceable by any law enforcement, animal control, or code enforcement officer within their jurisdiction.
(2) This section is enforceable by all means provided by law. The maximum fine is $50 per day per violation. Additionally, the City may choose to enforce this section by seeking injunctive relief in the Environmental Court. In addition to the enforcement procedures provided herein, this section may be enforced by any other means provided by law, by actions at law and in equity, and if the City prevails in such action, the City shall be entitled to its costs and reasonable attorney's fees incurred in such action.
10-108. Use of Fees Collected. One half of the funds collected from these fees will be used by the Health and Sanitation Department to help with funding the cost of the Animal Control Officers. One-half of the funds will be utilized for a low cost spay and neuter program, that is operated by an agency designated by the Internal Revenue Service as a 501 (c) (3) non-profit organization. The contracting non-profit agency will be required to provide an annual report to the City accounting for use of the funds.
SECTION 2. That this ordinance becomes effective __September 1, 2019__________, the public welfare requiring it.