Marion Ordinance Chapter 5

Chapter 5
ANIMALS AND FOWL*
Art. I. In General, §§ 5-1-5-16
Art. II. Dogs, §§ 5-17-5-62
Div. 1. Generally, §§ 5-17-5-35
Div. 2. License, §§ 5-36-5-52
Div. 3. Impoundments, §§ 5-53–‘-5-62
ARTICLE I.IN GENERAL
Sec. 5-1. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to
them:
Dog: Any four-legged animal belonging to the genus
Canis.
Fowl: Any chickens, turkeys, guineas, pigeons, doves or
other feathered animal.
Livestock: Any of the following: Horses, mules, cows,
bulls, hogs, goats, sheep, rabbits, jacks, jennets, mares or
stallions.
Owner: Any person owning or keeping, or harboring, or
having control of, or custody of, any livestock, fowl, dog or
cat.
Sec. 5-2. Running at large. \
The running at large within the city of livestock and fowl
is hereby prohibited and herein declared to be a nuisance;
and anyone owning, controlling or having responsibility for
the control of any of the above-named animals who
knowingly permits such animal or animals to run at large
within the city shall be guilty of a misdemeanor. (Code
1916, § 3)
*Cross reference-Health and sanitation, ch. 11.
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§ 5-3 MARION CODE
Sec. 5-3. Cruelty.
It shall be unlawful for any person to commit any act of
cruelty upon any animal. (Code 1916, § 23 1-2)
, State law reference-Cruelty to animals, Code of Ala., Tit. 3, §§
11-13.
Sec. 5-4. Unlawful removal from pound.
It shall be unlawful for any person except the animal
warden to remove or release any animal from the city
pound, or to break any fastening, fence or gate thereof.
(Code 1916, § 16 1-2)
Sec. 5-5. Keeping not to be nuisance.
The keeping of livestock or fowl within the city in such
manner or under such conditions as to cause the spread of
germs liable to produce disease or noxious odors or noise
hazardous or dangerous to the public health, or which
causes discomfort to the inhabitants of the locality wherein
the same a~e kept, is hereby prohibited and declared to be a
nuisance.
Cross reference-Offensive conditions, § 11-16 et seq.
Secs.5-6-5-16. Reserved..
ARTICLE:: II. I)OGS
DIVISION 1. GENERALLY
Sec. 5-17. Female dogs in heat at large.
It shall be unlawful for the owner or other person in
control of any female dog in heat to allow or permit the
same to run or be at large in the city.
Sec. 5-18. Dangerous, vicious dogs at large prohibited.
(a) No dog of dangerous, vicious or fierce propensities or
tendencies shall be at large at any time within the city, and
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ANIMALS·AND FOWL § 5-21
it shall be unlawful for the owner. or other person having
any· such dog in his possession or control, or in any manner
keeping or harboring any such dog within the city, to cause
or permit any such dog to be at large within the city.
(b) If any dog bites or attempts to bite any person while
such dog is at large, then such dog shall be conclusively
presumed to be a dangerous, vicious. or fierce dog and a dog
of dangerous, vicious” or fierce propensities and tendencies.
(Code 1916, § 12)
Sec. 5-19. Destruction of dangerous, vicious dogs.
Any dangerous~ vicious or fierce dog or any dog having
dangerous, vicious -or fierce propensities and tendencies
found at large after the owner thereof has previous
knowledge or notice that such dog is dangerous, vicious or
fierce or has dangerous, vicious or fierce propensities and
tendencies may be killed by any police officer of the city
without such officer having to catch or impound such dog.
Sec. 5-20. Report of rabid dogs.
Every veterinarian· or other personnel who is called to
examine or professionally attend any dog within this city
having rabies, within .twenty-four (24) hours thereafter,
shall report to the city animal warden and the chief of police
the following facts:
(1) A statement of the location of such diseased animal;
(2) The name and address of the owner thereof;
(3) All known humans or animals suspected of having
been exposed to the rabid dog.
Sec. 5-21. Suspicion of rabies-Confinement by
ovvner.
It shall be the duty of every person· who owns a dog or
keeps a dog in or on his premises, or on premises under his
control, within the city, when the dog shows symptoms of
hydrophobia or has been exposed to such disease, or has
injured some person or animal,. upon such person being
notified by the city animal warden of such fact or facts, to
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§ 5-21 MARION CODE
at once confi.ne the dog in a secure place for a period of not
less than fourteen (14) days, and until it can be reasonably
determined by .the city animal warden that the dog is not
afflicted with such disease.
Sec. 5-22. Same-Confinement by animal warden.
In the event the owner, keeper or person in control of a
dog showing symptoms of hydrophobia, or which has been
exposed thereto, or which has injured some person or
animal, cannot be found by the city animal warden, it shall
be the duty of the city animal warden to confine said dog in
a secure place for such period of time as necessary to
determine whether such dog is afflicted with such disease.
Sec. 5-23. Destruction of diseased dogs.
It is hereby made the duty of the chief of police and his
full-time, salaried officers to kill  and· exterminate any and
all dogs at large when such dogs are, or appear to be,
affected with hydrophobia or any other infectious, contagious
or dangerous disease.
Sec. 5-24. Quarantine period– Call authorized.
For the purposes of enforcing this division and in order to
more effectively carry out the provisions hereof, the city
animal warden is hereby authorized under the conditions
and circumstances herein stated to declare a quarantine
period as he may deem necessary for the control of
hydrophobia and stray dogs.
Sec. 5-25. Same-When called
A quarantine period shall be declared and called by the
city animal warden whenever the number of dogs running
at large within the city is such that it endangers the public
health ·and welfare and in any manner interferes with the
effective enforcement of this division.
Sec. 5-26. Same-Notice.
No quarantine period shall be effective until notice thereof
shall have been given to the general public by publication in
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ANIMALS AND FOWL § 5-39
some newspaper .of general circulation within the city, such
notice to be published. once, at least five (5) days prior to the
effective date of the quarantine period.
Sec. 5-27. Same-Running at large.
During any quarantine period declared under the provisions
of section, 5-24, no dog,’ whether licensed or
unlicensed, shall be allowed by the owner or person in
control of the dog to run at large.
Sees. 5-28-5-35. Reserved.
DIVISION 2. LICENSE
Sec. 5-36. Required.
Any owner who shall maintain or keep a dog more than
four (4) months of age on any premises within the city
which has not been licensed and vaccinated as required by
this division shall be guilty of a misdemeanor. (Code 1916, §
8)
Sec. 5-37. License fee levied.
There is hereby levied upon each and every d~g more than
four (4) months of age which is kept, harbored or
maintained by the owner thereof in the corporate limits of
the city an annual license fee’ of one dollar ($1.00). (Code
1916, § 8)
Sec. 5-38. When due.
Every license fee required by this division shall be due
before the first day of October of each year for which it is
paid. (Code 1916, § 8)
Sec. 5-39. Application.
Any person desiring a dog license shall make application
therefor to the city clerk upon printed forms provided for
such purpose, which applications shall state the name and
address of the owner or keeper of such ‘dog and the name,
breed, color and sex of the dog being licensed. (Code 1916, §
8}
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§ 5-40 MARION CODE
Sec. 5-40. Vaccination prerequisite to issuance.
The city clerk shall not issue any license or license tag for
any dog until the owner or person in charge of such dog
shall have obtained and presented to the city clerk a
certificate from a veterinarian licensed to practice veterinary
medicine in the state that such dog has been vaccinated for
rabies during the calendar year for which the license is
applied for.
Sec. 5-41. Issuance.
Dog licenses shall be issued by the city clerk upon
application therefor, proof of vaccination against rabies and
payment of the required fee. (Code 1916, § 8)
Sec. 5-42. Issuance of tag.
Upon issuance of the license certificate, the city clerk
shall issue to the owner a metallic tag for each dog so
licensed. The tag shall have stamped thereon the year for /~,
which it was issued and the number corresponding with the
number on the certificate. (Code 1916,§ 10)
. Sec. 5-43~ ‘transfer of tag.
It shall be unlawful for the owner or :person having
control over or custody of any dog to transfer such license
tag from the dog for which such tag was issued to any other
dog. (Code 1£)16, § 10)
Sec. 5-44. r-Jo refund of fee.
No refunds shall be made for any dog licen se fee because
of death of the dog or the owner’s leaving the city before the
expiration of the license period.
Sec. ·5-45. Collar, tags must be worn.
It shall be unlawful for any person to maintain or keep a
dog more than six (6) months of age on any premises within
the city unless the dog wears a collar or harness securely
attached to its body to which shall be securely attached a
tag issued for the dog by a licensed veterinarian, licensed to
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ANIMALS AND FOWL § 5-56
practice veterinary medicine in the state, showing that the
dog has been, within the current calendar year, vaccinated
against rabies, and also securely attached to the collar or
harness a license tag showing the dog has been licensed by
the city clerk for the current year. (Code1916, § 10)
Sees. 5-46……5-52. Reserved.
DIVISION 3. ·.IMPOUNDMENT
Sec. 5-53. Authority.
It shall be the duty of the city animal warden to seize and
impound, subject to the provisions of this division, all dogs
found in violation of the provisions of this article within this
city, whether such dog shall be in the immediate presence of
its owner or custodian or otherwise.
Sec. 5-54. Right of entry.
The city animal warden is hereby authorized to enter upon
any unfenced lot, tract or parcel of land for the purpose of
seizing and impounding any dog found thereon in violation
of this article.
Sec. 5-55. Register.
The city animal warden, upon impounding or receiving
any .dog under the provisions of this division, shall make a
complete registry of such dog, entering the breed, color and
sex of the dog and whether the dog has been vaccinated,
and the time and place of taking such dog into custody.
Sec. 5-56. Right to redeem.
The owner of any dog which has been impounded under
the provisions of this division shall have the right to redeem
the same upon the payment of any and all fees which may
be due and payable for the impoundment of such dog;
provided, however, the payment of such impoundment fees
shall not bar the imposition of any fine which may be
imposed for the violation of this article.
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§ 5-57 MARION CODE
Sec. 5-57. Time for redemption.
All impounded dogs shall be redeemed within five (5) days
after the same was impounded. Any such dog not redeemed
within such time may be sold, destroyed or otherwise
disposed of.
Sec. 5-58. Fees.
A fee of three dollars ($3.00) shall be charged for the
impoundment of any dog under the provisions of this
division. Whenever any dog is impounded, an additional fee
of one dollar ($1.00) shall be charged for each day, or
fraction thereof, of impoundment for the feeding and care of
such-dog.
Sec. 5-59. Redemption of unvaccinated clog.
The owner of any impounded dog which has not been
vaccinated as required by this article, up’Jn satisfactory
proof of ownership, may redeem his dog by making a
deposit of ten dollars ($10.00) with the city animal warden
and be allowed twenty-four (24) hours to get such dog
vaccinated. If such owner fails to procure a vaccination
certificate within such twenty-four (24) hours, the deposit
shall be forfeited and the dog shall be impounded again.
Upon presentation within such period of time of a certificate
of vaccination issued under this article, the deposit shall be
refunded.
Sec. 5-60. Redemption by person other than owner.
If the owner of any dog- impounded under this division
shall fail to redeem his dog within the time allowed for
redemption, any other person may, upon complying with all
provisions of this division, redeem the dog f:rom the pound
and be the lawful owner of the dog thereafter.
Sec. 5-61. D1isposition of funds.
All moneys received. and collected under the provisions of
this division shall be deposited in the general fund of the
city.
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ANIMALS AND FOWL § 5-62
Sec. 5-62. Reports.
The city animal warden shall file such reports of his
activities under the provisions of this division, under oath,
as are required by the city council.
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