1. IN GENERAL.

2. DOGS.

10-101. Running at large prohibited.

10-102. Keeping near a residence or business restricted.

10-103. Pen or enclosure to be kept clean.

10-104. Adequate food, water, and shelter, etc., to be provided.

10-105. Keeping in such manner as to become a nuisance prohibited.

10-106. Cruel treatment prohibited.

10-107. Seizure and disposition of animals.

10-108. Inspections of premises.

10-101. Running at large prohibited. It shall be unlawful for any

person owning or being in charge of any cows, swine, sheep, horses, mules or

goats, or any chickens, ducks, geese, turkeys, or other domestic fowl, cattle, or

livestock, to knowingly or negligently permit any of them to run at large in any

street, alley, or unenclosed lot within the corporate limits. (1973 Code, § 3-101)

10-102. Keeping near a residence or business restricted. No person

shall keep or allow any other animal or fowl enumerated in the preceding

section to come 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. (1973

Code, § 3-102)

10-103. Pen or enclosure to be kept clean. When animals or fowls

are kept within the corporate limits, the building, structure, corral, pen, or

enclosure in which they are kept shall at all times be maintained in a clean and

sanitary condition. (1973 Code, § 3-103)

10-2

10-104. Adequate food, water, and shelter, etc., to be provided. No

animal or fowl shall be kept or confined in any place where the food, water,

shelter, and ventilation are not adequate and sufficient for the preservation of

its health, safe condition, and wholesomeness for food if so intended.

All feed shall be stored and kept in a rat-proof and fly-tight building, box,

or receptacle. (1973 Code, § 3-104)

prohibited. No animal or fowl shall be kept in such a place or condition as to

become a nuisance because of either noise, odor, contagious disease, or other

reason. Further it shall be unlawful for any person to ride, lead, keep or be in

charge of any horses, mules, ponies, or livestock, of any description upon the

streets, roadways, sidewalks, or public throughfares of the City of Waynesboro

during the time from sunset to sunrise except during parades or other

authorized special events. (1973 Code, § 3-105, as amended by Ord. #11-A, July

1989)

10-106. Cruel treatment prohibited. It shall be unlawful for any

person to beat or otherwise abuse or injure any dumb animal or fowl. (1973

Code, § 3-106)

10-107. Seizure and disposition of animals. Any animal or fowl

found running at large or otherwise being kept in violation of this chapter may

be seized by the health officer of by any police officer and confined in a pound

provided or designated by the governing body. If the owner is known he shall

be given notice in person, by telephone, or by a postcard addressed to his last known mailing address. If the owner is not known or cannot be located, a notice

describing the impounded animal or fowl will be posted in at least three (3)

public places within the corporate limits. In either case the notice shall state

that the impounded animal or fowl must be claimed within five (5) days by

paying the pound costs or the same will be humanely destroyed or sold. If not

claimed by the owner, the animal or fowl shall be sold or humanely destroyed,

or it may otherwise be disposed of as authorized by the governing body.

The pound keeper shall be entitled to collect from each person claiming

an impounded animal or fowl reasonable fees to cover the costs of impoundment

and maintenance. (1973 Code, § 3-107)

10-108. Inspections of premises. For the purpose of making

inspections to insure compliance with the provisions of this title, the health

officer, or his authorized representative, shall be authorized to enter, at any

reasonable time, any premises where he has reasonable cause to believe an

animal or fowl is being kept in violation of this chapter. (1973 Code, § 3-108)

10-3

10-201. Definitions.

10-202. Dogs running at large prohibited.

10-203. Harboring vicious or noisy dogs.

10-204. All dogs to be vaccinated.

10-205. Disposition to be made of stray dogs.

10-206. Abandonment of dogs prohibited.

10-207. Concealing dog in violation of chapter.

10-208. Penalty assessed against owners of dogs within the corporate limits.

10-201. Definitions. (1) "Dog." All members of the dog family three (3)

months of age or more found within the corporate limits of the City of

Waynesboro.

(2) "Owner." Any person having a property right in and to a dog, or

who has a dog in his care, or acts as its custodian, or any person who permits a

dog to remain on or about any premises.

(3) "Running at large." Running at large shall be the permitting by

the owner of any dog to trespass upon, into or about the public streets,

highways, roads, alleys, public square or other public places within the City of

Waynesboro , or to trespass upon the premises of another person, or to go upon

the school grounds or play grounds.

However, nothing in this chapter shall be construed to prohibit any dog

from appearing upon any street or in any other public place in the City of

Waynesboro, if such dog is under the full control of the owner or attendant by

being held with a chain, strap, rope or other leash of sufficient strength to

prevent escape.

(4) "Vaccination." The injection of a rabies vaccine for dogs, which

meets the standards set out in Tennessee Code Annotated, § 68-8-102(5).

(5) "Pound." Any place provided or maintained by the City of

Waynesboro for the keeping of dogs pending their redemption or extermination.

(6) "Vicious propensities." The natural or habitual inclination or

tendency to do any act that will tend to endanger the person or property of

another, including, but not limited to the habit of chasing bicycles, motorcycles,

automobiles, trucks or other vehicles on either public or private property, or

having a nature of ferociousness or disposition to mischief that might

occasionally lead a dog to attack human beings without provocation.

(7) "Noisy dogs." Any dog which by frequent barking, whining or

howling that annoys and disturbs the peace and quiet of any neighborhood

within the corporate limits of the city. (1973 Code, § 3-201)

10-4

of dogs pursuant to appropriate legislation, see Darnell v. Shapard, 156 Tenn.

544, 3 S.W.2d 661 (1928).

10-202. Dogs running at large prohibited. It shall be unlawful for

any person to negligently, knowingly, or willfully to permit the running at large

of any dog or dogs in the City of Waynesboro. However, nothing in this chapter

shall be construed to prohibit any dog from appearing upon any street or at any

other public place in the City of Waynesboro, if such dog is under the full control

of the owner or attendant by being held with a chain, strap, rope, or other leash

of sufficient strength to prevent escape. (1973 Code, § 3-202)

10-203. Harboring vicious or noisy dogs. It shall be unlawful for any

person to own, keep or harbor any dog having vicious propensities, as herein

defined, or to own, keep, or harbor any noisy dog as herein defined. (1973 Code,

§ 3-203)

10-204. All dogs to be vaccinated. It shall be unlawful for any person

to own, keep or harbor any dog over the age of three (3) months which has not

received a vaccination as herein defined, and it shall further be unlawful for any

person to own, keep or harbor any dog which does not wear an official tag

evidencing such vaccination. (1973 Code, § 3-204)

running at large as herein defined may be seized by the chief of police, any

police officer or any other public officer of the City of Waynesboro and placed in

the pound. If such dog is wearing a collar bearing identification of the owner,

the owner shall be notified by personal contact or by the mail service.

The owner may appear within seven (7) days and redeem his dog by

paying a pound fee of fifty dollars ($50.00) and a daily board charge of five

dollars ($5.00).

Unless the owner claims said dog within seven (7) days and pays the fees

herein provided, the dog shall be sold to any individual desiring to purchase the

same, upon the individual paying the pound fees and the daily board charge up

to and including the day of sale, and, upon the individual having the dog

vaccinated as herein provided, collaring said dog and placing the official tag

indicating the dog's vaccination on said collar. However, no vicious dog, one that

has recently bitten a person, or is suspected of being infected with rabies shall

be sold. All dogs held in confinement for more than seven (7) days shall be

humanely destroyed. (1973 Code, § 3-205, as amended by Ord. #660-A, Aug.

1987)

10-5

10-206. Abandonment of dogs prohibited. It shall be unlawful for

any person to abandon any dog within the corporate limits of the City of

Waynesboro, or to turn any dog out of any automobile or other vehicle. (1973

Code, § 3-206)

10-207. Concealing dog in violation of chapter. It shall be unlawful

for any person to hide, conceal, aid or abet in the hiding or concealing of any dog

owned, kept, or harbored in violation of any of the provisions of this chapter.

(1973 Code, § 3-207)

corporate limits. All citizens within the corporate limits of the City of

Waynesboro owning dogs shall be liable for their dogs running at large, for

harboring vicious or noisy dogs, for failure to keep their dogs vaccinated, for

allowing dogs to roam at large not under the full control of the owner by way of

chain, strap, rope or leash.

Upon being found guilty of violation of any provision of this chapter, the

owner may be fined by the City Court of Waynesboro up to fifty dollars ($50.00)

for each offense plus reasonable court costs. (Ord. #651, Dec. 1983)