SECTION

10-101. Restrictions on keeping of swine.
10-102. Maintenance of premises where swine kept.
10-103. Livestock running at large prohibited.
10-104. Impoundment and sale.
10-105. Fowl prohibited from running at large.
10-106. Cruelty to animals.

10-101. Restrictions on keeping of swine. It shall be unlawful for any person to keep swine within the corporate limits, unless such swine are kept in a lot of one-fourth (¼) of an acre to each head of swine kept in such lot and unless such lot is two hundred (200) feet or more from any dwelling or business house; provided, however, that the citizens shall be permitted to keep two (2) swine within the corporate limits for each head of the family.

This section does not apply to hogs in transit, provided they are not kept in any one enclosure longer than twenty-four (24) hours. (1982 Code, § 3-101)

10-102. Maintenance of premises where swine kept. Stables, pens, and lots where swine are kept or confined shall be kept in a sanitary and clean condition and well limed. No containers of slop or feed shall be kept so as to create offensive odors. If any person fails to comply with this section, after having been notified by the city so to do, he shall forfeit his right to keep swine within the city. (1982 Code, § 3-102)

10-103. Livestock running at large prohibited. It shall be unlawful for the owner of any cattle, swine, horses, mules, jennets, jacks, goats, or sheep to allow them to run at large upon the streets, alleys, commons, and public square within the corporate limits of the city. (1982 Code, § 3-103)

10-104. Impoundment and sale. Any animal found running at large in violation of § 10-103 shall be captured and impounded by the police. Immediately after such impounding, the chief of police shall publish a written notice upon the public bulletin board at the courthouse in the city, describing the animal so impounded and captured, and showing that it has been captured and impounded and that, unless the same is redeemed by the owner within five (5) days from the date of such notice, by the payment of all the costs of the capture and impounding and detention; then such animal shall be sold at public auction at the courthouse door in the city, for the satisfaction of the costs on sixth day after posting such notice. If the owner of the animal so impounded fails or refuses to pay the cost of capture and detention thereof, before sale of same, then the chief of police, on the day advertised as aforesaid, shall sell such animal at the time and place above set out, to the highest and best bidder, for cash, and apply the proceeds of such sale to the payment of the costs accrued in the capture and impounding of the animal, the balance, if any, to be paid to the treasury to be held and paid to the owner of such animal upon his demand; provided, however, that in the event such owner does not make demand for such money within twelve (12) months after sale of the animal, then such sum shall become part of the general fund. (1982 Code, § 3-104)

10-105. Fowl prohibited from running at large. It shall be unlawful for the owners of domestic fowls, including chickens, turkeys, geese, ducks, and the like, to permit same to run at large within the corporate limits. (1982 Code, § 3-105)

10-106. Cruelty to animals. If any person shall overdrive, overload, torture, torment, deprive of necessary sustenance, cruelly beat, or needlessly mutilate, kill, or cause or procure same to be done, as aforesaid, any living creature, or use, buy, sell, or exchange any horse or mule, when unfit for labor, he shall, for every offense, be guilty of a misdemeanor. Nothing herein shall prohibit the purchase of animals by humane societies, incorporated under the laws of this state, for the purpose of humanely killing the same. (1982 Code, § 3-106)

CHAPTER 2

DOGS

SECTION

10-201. Definitions.

10-202. Licensing.

10-203. Confinement of certain dogs.

10-204. Confinement of female dogs in season.

10-205. Dog shelter provided.

10-206. Impoundment and sale of dogs running at large.

10-207. Protection for dogs.

10-208. Abatement of nuisance.

10-209. Emergency power.

10-210. Vicious dogs.

10-211. Concealing dogs.

10-212. Authority of rabies control officer.

10-213. Rabies control officer under jurisdiction of street and sanitation committee.

10-214. Destruction of dogs previously found to be vicious.

10-215. Bond.

10-216. City responsibility while confined.

10-217. Stealing dog tags.

10-218. Disposal of unwanted dogs.

10-219. Violations.

10-201. Definitions. The following definitions shall apply in the

interpretation and the enforcement of this chapter: (1) "Dog" includes all members

of the species Canis Familaris, male or female.

(2): "Owner" includes any person, firm, or corporation owning, harboring, or keeping a dog, and the occupant of any premises on which a dog remains or to which it customarily returns is presumed to be the owner of the dog within the meaning of this chapter.
(3): "Officer" includes any official with the power and authority of an officer of the peace, including the rabies control officer, who shall have such authority as an officer of the peace in relation to the necessary and proper carrying out of his duties as rabies control officer.
(4): "At large" means to be off the premises of the owner and not under the control of the owner or a member of his immediate family over twelve (12) years of age, either by leash or otherwise; to be off the premises of the owner and in violation of §§ 10-202, 10-203, and 10-204 of this chapter or to be off the premises of the owner and be a "nuisance" or "vicious dog," as are hereinafter defined.
(5): "Leash" means a cord, thong, or chain, not more than ten (10) feet in length, by which a dog is controlled by the person accompanying it.
(6): "Inoculation" means the subcutaneous injection at one (1) time, but in several sites if necessary, of a standard vaccine for dogs, which vaccine meets the standards prescribed by the United States Department of Agriculture and/or the United States Health Service for interstate sale.
(7): "Stray dog" means any dog that has no apparent owner or one that has migrated from the outside of the city limits, and that has remained at large within the city for more than twenty-four (24) hours.
(8): "In season" or "in heat" means that periodic manifestation of the natural reproductive function during which an unspayed female dog becomes extraordinarily attractive to males.
(9): "Vicious dog" means one which has maliciously and without provocation attacked and bitten a human being.
(2): Licenses shall be issued and sold by the city recorder, who shall provide each licensee with a suitable metal or permanent type tag as well as a certificate of receipt of the proper fee. Said license shall continue in force until the 1st day of March thereafter. Said tag shall bear the name of the city, a serial number, and indicate the year for which issued. The shape of such metal or permanent type tag shall be distinctive and shall be changed from year to year.
(3): The certificate issued with each license tag shall contain the following information concerning said dog: Owner's name, address, and telephone number; breed; sex; age; color; markings; name of dog. Two carbon copies of said certificate shall be retained, one for the city recorder and one for the rabies control officer.
(4): The license tag shall be securely fastened upon a collar which shall be kept on said dog at all times, and any dog not bearing a license tag shall prima facie be deemed to be unlicensed.
(5): In case of loss of a duly issued dog license tag, the owner of said dog shall immediately upon its discovery report said loss to the city recorder, who shall, for the sum of one dollar ($1.00), issue a duplicate or replacement tag.
(2): If the owner of any dog confined under subsection (1) of this section shall contest the validity or basis of said confinement, he shall file a petition contesting same before the city judge within five (5) days from the date of notice of confinement sent to him as is hereinafter provided or within five (5) days of confinement, and the burden of proof shall be upon said owner to establish that said dog was not validly confined under the provisions of subsection (1) of this section. The decision of the city judge in such cases shall be binding and final except that the owner shall have a right to appeal such case to a court of competent jurisdiction.
(3): The rabies control officer shall keep a record of each dog confined under subsection (1) of this section, which record shall include the name and address of the informant whose report caused the confinement and all pertinent information relating to the dog, its license, and its owners, which report shall be furnished to the city judge upon his request. (1982 Code, § 3-203)

10-204. Confinement of female dogs in season. All female dogs within the city shall, upon coming in season, be kept in a securely closed building, or under the complete control of the owner by the use of a leash, for a minimum period of twenty-one (21) days, beginning the first day that evidence of attration is noticeable.

Any dog not so kept shall constitute a nuisance and a violation of this chapter. (1982 Code, § 3-204)

10-205. Dog shelter provided. (1) The city shall establish and maintain a dog shelter, either by contract with a private individual or corporation, or by the use of facilities which may be constructed in the future on city-owned property.

(2) The facilities of the city dog shelter shall be available to owners of unspayed female dogs for the purpose of confining such dogs during the period when they are in season. The fee for this service shall be a minimum of fifty cents (50¢) per day, and a maximum of seventy-five cents (75¢) per day, it being the intent of this section to encourage the use of these facilities for this purpose. (1982 Code, § 3-205)

10-206. Impoundment and sale of dogs running at large. (1) It shall be the duty of the city police, rabies control officer, and/or other authorized persons to seize and impound, when found by the rabies control officer, any stray dog, vicious dog, dog reported or suspected of having rabies, dog which is found to be a nuisance, (all as defined herein) or any dog found at large and in violation of this chapter.

(2): If said dog is wearing a tag, the owner shall be notified, on the day the dog is impounded, by post card addressed to his last known mailing address to appear before the person designated in said notice (city judge or rabies control officer) within five (5) days from the date of said notice and, except as hereinafter provided, to redeem his dog by paying a pound fee of one dollar and fifty cents ($1.50), plus a boarding fee of fifty cents (50¢) per day for the period of impoundment and the payment of any license fee and/or penalty assessed, if any, due at the time of impoundment or said dog will be disposed of by sale or, if not purchased, by gift under terms imposed by the rabies control officer, or by humane destruction; provided, however, that if said impounded dog is a vicious dog, or a nuisance as defined herein or is in violation of this chapter, said dog shall not be released except under conditions prescribed by the rabies control officer and the city judge and shall not be released until said release is authorized by the rabies control officer and city judge; provided further that if said dog constitutes a danger to the community in the opinion of the city judge, the city judge may order its humane destruction which shall not be accomplished until time for appeal of said decision has elapsed.
(3): If said dog is not wearing a tag, the dog so seized and impounded shall be confined for a period of five (5) days, after which it may be disposed of by sale, or if not purchased, by gift under terms imposed by the rabies control officer, or by humane destruction; provided that at any time after such seizure and impoundment, the owner of a dog so seized and impounded may redeem said dog by a payment of the charges and fees set out in subsection (2) of this section; and further provided that if said impounded dog is a vicious dog as defined herein or is in violation of this chapter, said dog shall not be released except under conditions prescribed by the rabies control officer and the city judge and shall not be released until said release is authorized by the rabies control officer and city judge; provided further that if said dog constitutes a danger to the safety of the community in the opinion of the city judge, the city judge may order its humane destruction which shall not be accomplished until time for appeal of said decision has elapsed.
(4): No dog shall be released in any event from the shelter unless and until it has been vaccinated and a tag (license) purchased and placed on its collar.
(5): Dogs not redeemed as provided in subsections (2), (3), and (4) of this section shall become the property of the city and may be sold at auction or

otherwise. If two or more bona fide purchase offers are received for the same dog, the minimum price shall equal the total amount of the board bill. (1982 Code, § 3-206)

10-207. Protection for dogs. (1) All dogs within the city are hereby declared to be personal property and subjects of larceny, and it shall be unlawful for any person except an officer, or authorized agent of the city, deliberately or by any means, to kill or injure or detain or to attempt deliberately to kill, injure, or detain any dog which is duly licensed for the current year; provided that any citizen of the community, upon finding a dog, licensed or not, which gives unmistakable evidence of being rabid or mad, may contact the rabies control officer, who has the right and authority to kill or impound such animal.

(2): In case of accidental destruction or injury to a dog, the person causing such destruction or injury shall immediately report the same to the owner of the dog or to the city police, giving his name and address.
(3): It shall be unlawful for any person to place any poison of any description in any place, on his own premises or elsewhere, where it may be easily found and/or taken by dogs.
(2): Upon appearance before the official or person designated in said notice at the time presented, the owner shall be informed of the complaint brought against him and shall be required immediately to correct the cause for said complaint under the conditions prescribed by said official. If the owner shall fail to correct said conditions, a warrant shall be issued for his arrest, and further, his failure to correct same shall cause him to be subject to fine and shall result in the impoundment of said dog as provided in § 10-206 of this chapter, which section shall be complied with in all respects.
(3): The city judge shall have final authority to prescribe the conditions under which a vicious dog or a "nuisance" dog shall be released from the city shelter, or whether or not it shall be destroyed in a humane manner as provided in this chapter.
(4): Any owner aggrieved by the decisions and/or actions of the rabies control officer and/or city judge shall have a right to appeal to a court of competent jurisdiction. (1982 Code, § 3-208)

10-209. Emergency power. The board of mayor and aldermen shall have the power to declare, by resolution, quarantine periods of definite and reasonable duration whenever such quarantine seems necessary or desirable for the control of epidemic dog diseases. (1982 Code, § 3-209)

10-210. Vicious dogs. All vicious or biting dogs as defined herein shall be kept securely tied by a strong collar and chain, fenced or housed securely. On the front entrance to the premises containing such a dog, a sign shall be exhibited bearing the words, "Bad Dog," or words of similar import which shall be in letters sufficiently large to be easily read and plainly visible at a sufficient distance to protect anyone from attack by said dog. Any owner failing so to protect the public from such a dog shall be responsible for any damage done to person or property by said animal and shall be in violation of this chapter and subject to its provisions regardless of whether said animal has been of previous vicious tendencies. (1982 Code, § 3-211)

10-211. Concealing dogs. Any person who shall hide, conceal, or aid or assist in hiding or concealing any dog owned, kept, or harbored in violation of any provisions of this chapter shall be guilty of a misdemeanor and subject to fine as is provided herein. (1982 Code, § 3-212)

10-212. Authority of rabies control officer. The rabies control officer is hereby granted authority to issue citations and summonses and serve warrants for violations of this chapter and is hereby authorized to carry firearms to protect himself, if necessary, from a rabid or vicious dog as is herein defined or one which he is unable to catch. He is also authorized to enter private premises in connection with alleged violations of this chapter and to capture dogs in violation of same. (1982 Code, § 3-213)

10-213. Rabies control officer under jurisdiction of street and sanitation committee. The rabies control officer shall come under the jurisdiction and the authority of the street and sanitation committee of the board of mayor and aldermen and shall be subject to supervision by such committee. (1982 Code, § 3-214)

10-214. Destruction of dogs previously found to be vicious. If any dog which has previously been found to be vicious shall be at large and shall attack or bite a human being, upon report to the rabies control officer, said dog shall be impounded and destroyed in a humane manner, upon notice to the owner of said dog as is prescribed in this chapter. (1982 Code, § 3-215)

10-215. Bond. The rabies control officer, before he enters upon his duties as provided herein, shall post with the city recorder an indemnity bond in the amount of five thousand dollars ($5,000.00) payable to the City of McMinnville, Tennessee. (1982 Code, § 3-216)

10-216. City responsibility while confined. The City of McMinnville, Tennessee, and its officials shall not be responsible for any illness, disease, or death occurring to any dog confined in the city dog shelter. (1982 Code, § 3-217)

10-217. Stealing dog tags. Anyone who shall steal and/or otherwise acquire and use a dog tag upon a dog for which it was not issued shall be guilty of a violation of this chapter. (1982 Code, § 3-218)

10-218. Disposal of unwanted dogs. Any person wishing to dispose of any dog owned by him shall inform the rabies control officer, who will call for and dispose of said dog in a humane manner without cost to the owner. (1982 Code, § 3-219)

10-219. Violations. Anyone found to be in violation of any of the provisions of this chapter shall be guilty of a misdemeanor. (1982 Code, § 3-220)

CHAPTER 3

SECTION

BIRD SANCTUARY