ANIMAL CONTROL

TITLE 10

ANIMAL CONTROL

CHAPTER
1. IN GENERAL.
2. VICIOUS DOGS.

CHAPTER 1

IN GENERAL

SECTION
10-101. Definitions.
10-102. Licensing of dogs and cats.
10-103. Permits for kennels, etc.
10-104. License and permit issuance and revocation.
10-105. Restraint.
10-106. Impoundment and violation notice.
10-107. Animal care.
10-108. Keeping of wild animals.
10-109. Keeping near a residence or business restricted.
10-110. Rabies vaccination and registration required.
10-111. Dogs to wear tags.
10-112. Performing animal exhibitions.
10-113. Animal waste.
10-114. Sterilization.
10-115. Enforcement.
10-116. Penalties.
10-117. Placement and duties of humane officer.

10-101. Definitions. As used in this chapter, the
following terms shall have the meaning ascribed to them here:
(1)"Animal." Any live, vertebrate creature,
domestic or wild.
(2)"Animal shelter." Any facility operated by a
humane society, or municipal agency, or its authorized agents for the purpose of
impounding or caring for animals held under the authority of this chapter or
state law.
(3)"Auctions." Any place or facility where
animals are regularly bought, sold, or traded, except for those facilities
otherwise defined in this chapter. This definition does not apply to individual
sales of animals by owners.
(4)"Circus." A commercial variety show featuring
animal acts for public entertainment.
(5)"Commercial animal establishment." Any pet
shop, grooming shop, auction, riding school or stable, zoological park, circus,
performing animal exhibition, or kennel.
(6)"Grooming shop." A commercial establishment
where animals are bathed, clipped, plucked, or otherwise groomed.
(7)"Humane officer." Any person designated by
the State of Tennessee, a municipal government, or a humane society as a law
enforcement officer who is qualified to perform such duties under the laws of
this state.
(8)"Kennel." Any premises wherein any person
engages in the business of boarding, breeding, buying, letting for hire,
training for a fee, or selling dogs or cats.
(9)"Owner." Any person, partnership, or
corporation owning, keeping, or harboring one or more animals. Any animal shall
be deemed to be harbored if it is fed or sheltered for three consecutive days or
more.
(10)"Performing animal exhibition." Any
spectacle, display, act, or event other than circuses, in which performing
animals are used.
(11)"Pet." Any animal kept for pleasure rather
than utility.
(12)"Pet shop." Any person, partnership, or
corporation, whether operated separately or in connection with another business
enterprise except for a licensed kennel, that buys, sells, or boards any species
of animal.
(13)"Public nuisance." Any animal which:
(a)Molests passersby or passing vehicles;
(b)Attacks other animals;
(c)Trespasses on school grounds;
(d)Is repeatedly at large;
(e)Damages private or public property;
(f)Barks, whines, or howls in an excessive, continuous, or
untimely fashion.
(14)"Restraint." Securing any animal by a leash
or under the control of a responsible person and obedient to that person’s
commands, or within the real property limits of its owner.
(15)"Riding school or stable." Any place which
has available for hire, boarding, and/or riding instruction, any horse, pony,
donkey, mule, or burro.
(16)"Veterinary hospital." Any establishment
maintained and operated by a licensed veterinarian for surgery and diagnosis and
treatment of diseases and injuries of animals.
(17)"Vicious animal." Any animal or animals that
constitute a physical threat to human beings or other animals.
(18)"Wild animal." Any live monkey (non-human
primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion,
lynx, or any other warmblooded animal which can normally be found in the wild
state.
(19)"Zoological park." Any facility, other than

a pet shop or kennel, displaying or exhibiting one or more species of
non-domesticated animals operated by a person, partnership, corporation, or
government agency. (1989 Code, ? 3-101)

10-102. Licensing of dogs and cats. (1) Any person owning,
keeping, harboring, or having custody of any dog or cat over three months of age
within the town must obtain a license as herein provided.
(2)Written application for licenses shall be made to the
licensing authority, which shall include name and address of applicant,
description of the animal, the appropriate fee, and rabies certificate issued by
a licensed veterinarian or anti-rabies clinic.
(3)If not revoked, licenses for the keeping of dogs and
cats shall be for a period of up to one year.
(4)Application for a license must be made within thirty
days after obtaining a dog or cat over three months of age, except that this
requirement will not apply to a non-resident keeping a dog or cat within the
town for no longer than sixty days.
(5)License fees shall not be required for seeing eye dogs
or governmental police dogs.
(6)Upon acceptance of the license application and fee, the
licensing authority shall issue a durable tag or identification collar, stamped
with an identifying number and the year of issuance. Tags shall be fastened or
riveted to the animal’s collar or harness.
(7)Dogs and cats must wear identification tags or collars
at all times when off the owner’s premises.
(8)The licensing authority shall maintain a record of the

identifying numbers of all tags issued and shall make this record available to
the public. (9)The licensing period shall begin with the calendar year and shall
run for one year. Application for license may be made from January 1 to January
31.
(10)A license shall be issued after payment of the
following fee:
(a)dogs . . . . $6.00 per year, prorated at $.50 per
month.
(b)cats . . . . $3.00 per year, prorated at $.25 per
month.
(11)A duplicate license may be obtained upon payment of a
$.50 replacement fee.
(12)No person may use any license for any animal other
than the animal for which it was issued. (1989 Code, ? 3-102)

10-103. Permits for kennels, etc. (1) No person,
partnership, or corporation shall operate a commercial animal establishment or
animal shelter without first obtaining a permit in compliance with this section.
(2)The licensing authority shall promulgate regulations
for the issuance of permits and shall include requirements for humane care of
all animals and for compliance with the provisions of this chapter and other
applicable laws. The licensing authority may amend such regulations from time to
time as deemed desirable for public health and welfare and for the protection of
animals.
(3)Upon a showing by an applicant for a permit that he is
willing and able to comply with the regulations promulgated by the licensing
authority, a permit shall be issued upon payment of the applicable fee.
(4)The permit period shall begin with the calendar year
and shall run for one year. Renewal applications for permits shall be made
thirty days prior to, and up to sixty days after, the start of the calendar
year. Application for permit to establish a new commercial animal establishment
under the provisions of this chapter may be made at any time.
(5)If there is a change in ownership of a commercial
animal establishment, the new owner may have the current permit transferred to
his name upon payment of a $10.00 transfer fee.
(6)Annual permits shall be issued upon payment of the
applicable fee:
(a)For each kennel authorized to house
less than 10 dogs or cats $ 25
(b)For each kennel authorized to house
10 or more but less than 50 $ 50
(c)For each kennel authorized to house
50 or more dogs or cats $100
(d)For each pet shop $ 75
(e)For each riding stable $ 75
(f)For each auction $ 50
(g)For each zoological park $100
(h)For each circus $ 25
(i)For each performing animal exhibition $ 50
(j)For each grooming shop $ 50
(7)Every facility regulated by this section shall be
considered a separate enterprise and shall require an individual permit.
(8)Persons operating kennels for the breeding of dogs or
cats may elect to license such animals individually.
(9)No fee may be required of any veterinary hospital,
animal shelter, or government-operated zoological park.
(10)Failure to obtain a permit before opening any facility

covered in this section shall be a misdemeanor.
(11)Any person who has a change in the category under
which a permit was issued shall be subject to reclassification, and appropriate
adjustment of the permit fee shall be made. (1989 Code, ? 3-103)

10-104. License and permit issuance and revocation. (1)
The licensing authority may revoke any permit or license if the person holding
the permit or license refuses or fails to comply with this chapter, the
regulations promulgated by the licensing authority, or any law governing the
protection and keeping of animals.
(2)Any person whose permit or license is revoked shall,
within ten days thereafter, humanely dispose of all animals owned, kept, or
harbored by such person, and no part of the permit or license fee shall be
refunded.
(3)It shall be a condition of the issuance of any permit
or license that the licensing authority shall be permitted to inspect all
animals and the premises where animals are kept at any time and shall, if
permission for such inspections is refused, revoke the permit or license of the
refusing owner.
(4)If the applicant has withheld or falsified any
information on the application, the licensing authority shall refuse to issue a
permit or license.
(5)No person who has been convicted of cruelty to animals
shall be issued a permit or license to operate a commercial animal
establishment.
(6)Any person having been denied a license or permit may
not reapply for a period of thirty days. Each reapplication shall be accompanied
by a $10.00 fee. (1989 Code, ? 3-104)

10-105. Restraint. (1) All dogs shall be kept under
restraint.
(2)No owner shall fail to exercise proper care and control
of his animals to prevent them from becoming a public nuisance.
(3)Every female dog or cat in heat shall be confined in a
building or secure enclosure in such a manner that such female dog or cat cannot
come into contact with another animal except for planned breeding.
(4)Every vicious animal, as determined by the licensing
authority, shall be confined by the owner within a building or secure enclosure
and shall be securely muzzled or caged whenever off the premises of its owner.
(1989 Code, ? 3-105)

10-106. Impoundment and violation notice. (1) Unrestrained
dogs and nuisance animals shall be taken by the police, animal control officers,
or humane officers and impounded in an animal shelter and there confined in a
humane manner. A humane officer authorized to enforce this chapter, may, while
in pursuit of a dog that is off its owner’s property, chase the dog onto any
private property and retrieve the dog and impound it.
(2)Impounded dogs and cats shall be kept for not less than
five working days if they are tagged, and untagged dogs shall be kept three
working days.
(3)If by a license tag or other means, the owner of an
impounded animal can be identified, the animal control officer shall immediately
upon impoundment notify the owner by telephone or mail.
(4)An owner reclaiming an impounded animal shall pay a fee
according to the following schedule:
Registered dogs $10.00
Registered cats $ 5.00
Unregistered dogs $20.00
Unregistered cats $10.00
(5)In addition to impoundment fees, a $2.00 per day board
fee shall be paid by the owner of the animal.
(6)For each successive offense, offenders shall pay an
additional fee of $10.00 for registered dogs and $20.00 for unregistered dogs,
and $5.00 for registered cats and $10.00 for unregistered cats.

RegisteredUnregistered

FIRST OFFENSE:
Dogs–$10.00 + $2.00 per day board$20.00 + $2.00 per day
board
Cats–$ 5.00 + $2.00 per day board$10.00 + $2.00 per day
board

SECOND OFFENSE:
Dogs–$20.00 + $2.00 per day board$40.00 + $2.00 per day
board
Cats–$10.00 + $2.00 per day board$20.00 + $2.00 per day
board

For the third offense within a twelve month period, the
offender shall be cited to town court.
(7)In addition to, or in lieu of, impounding an animal
found at large, the animal control officer, humane officer, or police officer
may issue to the known owner of such animal a notice of violation. Such notice
shall impose upon the owner a penalty of $10 which may, at the discretion of the
animal owner, be paid to any agency designated by the licensing authority within
seventy-two hours in full satisfaction of the assessed penalty. In the event
that such penalty is not paid within the time period prescribed, a warrant shall
be initiated before a magistrate and upon conviction of a violation of this
chapter, the owner shall be punished as provided in the general penalty clause
for this code of ordinances.
(8)The owner of an impounded animal may also be proceeded
against for violation of this chapter.
(9)The licensing authority shall review automatically all
licenses issued to animal owners against whom three or more ordinance violations
have been assessed in a twelve month period. (1989 Code, ? 3-106)

10-107. Animal care. (1) No owner shall fail to provide
his animals with sufficient good and wholesome food and water, proper shelter
and protection from the weather, veterinary care when needed to prevent
suffering, and with humane care and treatment.
(2)No person shall beat, cruelly ill treat, torment,
overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit
any dogfight, cockfight, bullfight, or other combat between animals or between
animals and humans.
(3)No owner of an animal shall abandon such animal.
(4)No person shall crop a dog’s ears, except when a
licensed veterinarian issues a signed certificate that the operation is
necessary for the dog’s health and comfort, and in no event shall any person
except a licensed veterinarian perform such an operation.
(5)Chickens or ducklings younger than eight weeks of age
may not be sold in quantities of less than twenty-five to a single purchaser.
(6)No person shall give away any live animal, fish,
reptile, or bird as a prize for, or as an inducement to enter any contest, game,
or other competition, or as an inducement to enter a place of amusement; or
offer such vertebrate as an incentive to enter into any business agreement
whereby the offer was for the purpose of attracting trade.
(7)Any person who, as the operator of a motor vehicle,
strikes a domestic animal, shall stop at once and render such assistance as may
be possible and shall immediately report such injury or death to the animal’s
owner; in the event the owner cannot be ascertained and located, such operator
shall at once report the accident to the appropriate law enforcement agency or
to the local humane society.
(8)No person shall expose any known poisonous substance,
whether mixed with food or not, so that the same shall be liable to be eaten by
any animal, provided that it shall not be unlawful for a person to expose on his
property common rat poison mixed only with vegetable substances. (1989 Code, ?
3-107)

10-108. Keeping of wild animals. (1) No person shall keep
or permit to be kept on his premises any wild or vicious animal for display or
for exhibition purposes, whether gratuitously or for a fee. This section shall
not be construed to apply to zoological parks, performing animal exhibitions, or
circuses.
(2)No person shall keep or permit to be kept any wild
animal as a pet.
(3)The licensing authority may issue a temporary permit
for the keeping, care, and protection of an infant animal native to this area
which has been deemed to be homeless.
(4)The licensing authority shall have the power to release
or order the release of any infant wild animal kept under temporary permit which
is deemed capable of survival. (1989 Code, ? 3-108)

10-109. Keeping near a residence or business restricted.
No person shall keep any animal or fowl within one thousand (1,000) feet of any
residence, place of business, or public street without a permit from the health
officer. The health officer shall issue a permit only when in his sound judgment
the keeping of such an animal in a yard or building under the circumstances as
set forth in the application for the permit will not injuriously affect the
public health. (1989 Code, ? 3-109)

10-110. Rabies vaccination and registration required. It
shall be unlawful for any person to own, keep, or harbor any dog without having
the same duly vaccinated against rabies and registered in accordance with the
provisions of the "Tennessee Anti-Rabies Law" (Tennessee Code
Annotated, ?? 68-8-101 to 68-8-114) or other applicable law. (1989 Code, ?
3-110)

10-111. Dogs to wear tags. It shall be unlawful for any
person to own, keep, or harbor any dog which does not wear a tag evidencing the
vaccination and registration required by the preceding section. (1989 Code, ?
3-111)

10-112. Performing animal exhibitions. (1) No performing
animal exhibition or circus shall be permitted in which animals are induced or
encouraged to perform through the use of chemical, mechanical, electrical, or
manual devices in a manner which will cause, or is likely to cause, physical
injury or suffering.
(2)All equipment used on a performing animal shall fit
properly and be in good working condition. (1989 Code, ? 3-112)

10-113. Animal waste. The owner of every animal, or in the
case of horses, the rider or driver, shall be responsible for the immediate
removal of any excreta deposited by his animal(s), and it shall be the
responsibility of holder to provide the proper collection bags for animal
droppings and to take the necessary steps to keep all public walks, streets,
alleys, and recreation areas, or private property in the Town of Oliver Springs
cleared of animal droppings. Any person who refuses to comply with this section
shall be fined not less than fifty dollars ($50.00) for each offense. (1989
Code, ? 3-113, as amended by Ord. #99-04-03, March 1999)

10-114. Sterilization. No unclaimed dog or cat shall be
released for adoption without being sterilized, or without written agreement
from the adopter guaranteeing that such animal be sterilized. (1989 Code, ?
3-114)

10-115. Enforcement. This chapter shall be enforced by
those persons or agencies designated by the town council. It shall be a
violation of this chapter to interfere with a humane officer in the performance
of his duties. (1989 Code, ? 3-115)

10-116. Penalties. Any person violating any provision of
this chapter shall be deemed guilty of a misdemeanor. If any person is found
guilty of violating ? 10-108, his permit to own, keep, harbor, or have custody
of animals
shall be deemed automatically revoked and no new permit
may be issued. (1989 Code, ? 3-116)

10-117. Placement and duties of humane officer. The humane
officer will be placed in the police department for administration and
supervision under the chief of police or his subordinate officer. The humane
officer’s primary duties will be the apprehension of dogs and cats and the
maintenance of the town pound and record keeping; however, during periods of low
activity due to a lack of animals to apprehend, the humane officer will be
available to perform duties as determined by the chief of police or town
administrator. (1989 Code, ? 3-117)
CHAPTER 2

VICIOUS DOGS

SECTION
10-201. Vicious dogs.
10-202. Noisy dogs prohibited.
10-203. Confinement of dogs suspected of being rabid.
10-204. Destruction of vicious or infected dogs running at
large.

10-201. Vicious dogs. (1) Definitions. (a)
"Owner" means any person, firm, corporation, organization or
department possessing or harboring or having the care or custody of a dog.
(b)"Vicious dog" means:
(i)Any dog with a known propensity, tendency or
disposition to attack unprovoked, to cause injury to, or otherwise threaten the
safety of human beings or domestic animals; or
(ii)Any dog which because of its size, physical nature, or
vicious propensity is capable of inflicting serious physical harm or death to
humans and which would constitute a danger to human life or property if it were
not kept in the manner required by this chapter; or
(iii)Any dog which, without provocation, attacks or bites,
or has attacked or bitten, a human being or domestic animal; or
(iv)Any dog owned or harbored primarily or in part for the
purpose of dog fighting, or any dog trained for dog fighting; or
(v)Any dog that frequently or habitually snarls or growls
at or snaps or jumps upon or threatens persons lawfully upon the public
sidewalks, streets, alleys, or public places of the town.
(c)A vicious dog is "unconfined" if the dog is
not securely confined indoors or confined in a securely enclosed and locked pen
or structure upon the premises of the owner of the dog. The pen or structure
must have secure sides and a secure top attached to the sides. If the pen or
structure has no bottom secured to the sides, the sides must be embedded into
the ground no less than one foot. All such pens or structure must be adequately
lighted and kept in a clean and sanitary condition.
(2)Confinement. The owner of a vicious dog shall not
suffer or permit the dog to go unconfined.
(3)Leash and muzzle. The owner of a vicious dog shall not
suffer or permit the dog to go beyond the premises of the owner unless the dog
is securely muzzled and restrained by a chain or leash no longer than six (6)
feet in length, and under the physical restraint of a person. The muzzle shall
be made in a manner that will not cause injury to the dog or interfere with its
vision or respiration, but shall prevent it from biting any human or animal.
(4)Signs. The owner of a vicious dog shall display in a
prominent place on his or her premises a clearly visible warning sign indicating
that there is a vicious dog on the premises. A similar sign is required to be
posted on the pen or kennel of the animal.
(5)Dog fighting. No person, firm, corporation,
organization or department shall possess or harbor or maintain care or custody
of any dog for the purpose of dog fighting, or train, torment, badger, bait or
use any dog for the purpose of causing or encouraging the dog to attack human
beings or domestic animals. (1989 Code, ? 3-201)

10-202. Noisy dogs prohibited. No person shall own, keep,
or harbor any dog which, by loud and frequent barking, whining, or howling,
disturbs the peace and quiet of any neighborhood. (1989 Code, ? 3-202)

10-203. 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 chief of police or
any other properly designated officer or official may cause such dog to be
confined or isolated for such time as he deems reasonably necessary to determine
if such dog is rabid. (1989 Code, ? 3-203)

10-204. Destruction of vicious or infected dogs running at
large. 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 any policeman or other properly designated officer. (1989 Code, ? 3-204)