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Hampton City Zoning Code

CHAPTER 8

ANIMAL CARE AND CONTROL

2025-04

8.04.010 Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any animal, poultry, bird, reptile or any other dumb creature but shall not include any human being.

Animal control officer means an employee of the village having custody and control of animals within the village limits.

Cat means all animals of the feline species of the age of four months or older.

Dangerous animal means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote.

Dangerous dog means any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal or a dog that, without justification, bites a person and does not cause serious physical injury.

Dog means all animals of the canine species of the age of four months or older.

Enclosure means a fence or structure of at least six feet in height, forming or causing an obstruction suitable to prevent the entry of young children, and suitable to confine a vicious animal in conjunction with other measures which may be taken by the owner or keeper. Any opening to the enclosure shall be securely closed and locked and the enclosure shall be designed with secure sides, top and bottom, and shall be designed to prevent the animals from escaping from the enclosure.

Impounded means taken into the custody of the public pound in the village where the vicious animal is found.

Inoculation means the injection, subcutaneously, or in such manner as may be approved by the department of agriculture of the state, pursuant to the Rabies Control Act of the state, of anti-rabies vaccine meeting standards approved by the state department of agriculture and by the United States Department of Agriculture.

Kennel means any lot or premises, or portion thereof, on which more than four dogs, cats, or other household domestic animals over four months of age are to be kept of which more than two such animals are boarded for compensation or kept for sale.

Licensed veterinarian means a veterinarian duly licensed as such under the laws of the state or of any other state which, by law, provides for the licensing of veterinarians.

Owner or keeper includes any person, including individuals, partnerships, corporations, or firms, who shall harbor, suffer, or permit any dog or cat to remain on any premises within the village under his charge or control.

Running at large or at large, as applied to dogs, means a dog that is not controlled by a leash and at heel beside a competent person whose commands the animal is obedient, on the property of its owner, or confined within a vehicle being driven or parked upon the street while subject to the control of a competent person.

Vicious dog means a dog that, without justification, attacks a person and causes serious physical injury or death or any individual dog that has been found to be a dangerous dog upon three separate occasions. No dog shall be deemed vicious if it bites, attacks, or menaces a trespasser within the domicile of its owner or harms or menaces anyone who has abused it or is an animal professionally trained for law enforcement duties or guard duties.

(Code 2024, § 4.3.1)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.020 Cruelty

  1. No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal. Cruelty to an animal shall include the following acts:
    1. Overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating, or cruelly killing any animal, or causing or knowingly allowing the same to happen.
    2. Unnecessarily failing to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink, shelter and air.
    3. Abandoning any animal in a pound, veterinary clinic, or on the premises of others.
  2. No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure.
  3. No owner of a dog or cat that is a companion animal may expose the dog or cat in a manner that places the dog or cat in a life-threatening situation for a prolonged period of time in extreme heat or cold conditions that results in injury to or death of the animal or results in hypothermia, hyperthermia, frostbite, or similar condition as diagnosed by a doctor of veterinary medicine.

(Code 2024, § 4.3.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.030 Shooting Or Molesting Birds

The shooting or in any manner molesting any bird, or the robbing of any bird's nest by any person, is declared to be an offense.

(Code 2024, § 4.3.3)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.040 Animal Fights

No person shall instigate, cause or procure any dogfight, cockfight, or any public or private fighting of animals within the village.

(Code 2024, § 4.3.4)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.050 Keeping Of Certain Animals Prohibited

No person shall keep any cattle, sheep, goats, horses, mules, swine, or domestic fowl of the species of geese, ducks, turkeys, guinea hens, or chickens at any place or upon any premises in the village, nor shall any such animals be permitted to run at large within the village. Violations of this section are declared to be a nuisance. The provisions of this section shall not apply to any duly licensed animal shelter.

(Code 2024, § 4.3.5)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.060 Indecent Exhibition

No person shall in any manner instigate, cause or procure, or assist in any indecent or immoral show or exhibition of any animal within the limits of the village.

(Code 2024, § 4.3.7)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.070 Animal Bites; Administrative Possession

In the event that the owner of any animal which has bitten a human refuses to turn the animal over to the animal control officer, the animal control officer may obtain an administrative search warrant to enter the premises of the owner and take possession of the animal.

(Code 2024, § 4.3.8)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.080 Nonresident Not To Have Animals In The Village; Exceptions

  1. No person who is not a resident of the village is permitted to keep any animal in the village; however, this prohibition shall not apply to any person remaining in the village for 30 days or less or who is passing through the village, but shall apply to any nonresident who habitually allows his animal to run at large within the village. Any animal found within the village which is not owned by a resident of the village or by a person passing through or temporarily in the village shall be impounded by the animal control officer and disposed of as provided in this article for dogs or cats not wearing a current inoculation tag.
  2. The provisions of this section shall not apply to veterinary clinics, institutions and license dealers.

(Code 2024, § 4.3.9)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.090 Report Of Animal Bites

All bites or attacks on human beings by any animal within the village shall be immediately reported to the designated village official or enforcement officer. In the event of a bite by an animal, a detailed report shall be made out by the receiving officer, including the complainant's name, address and phone number; the name and address of the owner of the animal; a description and location of the wound; and the name of the doctor treating the wound.

(Code 2024, § 4.3.10)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.100 Waste Control

No person owning, harboring, keeping or controlling any dog or other domestic animal or pet shall cause, suffer or allow such animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, by-path, play area, park, or any place where people congregate or walk or upon any public property whatsoever, or upon any private property without permission of the owner of the property. The restriction in this section shall not apply to public property when the owner or person in control of such animal complies with the following conditions:

  1. The person who so curbs such animal shall immediately remove all feces deposited by such animal by any sanitary method; and
  2. The feces removed from the aforementioned designated areas shall be disposed of by the person owning, harboring, keeping, or controlling any animal curbed in accordance with the provisions of this section in a sanitary manner approved by the local health authority.

(Code 2024, § 4.3.11)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.110 Burial

It is unlawful for the owner or possessor of any animal which may die within the village to leave the animal unburied for more than 12 hours after its death or for anyone to bring and leave the carcass of any dead animal within the village.

(Code 2024, § 4.3.12)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.120 Trapping

It is unlawful to use any type of leg hold animal trap or other trap that could cause cruelty to animals within the village.

(Code 2024, § 4.3.13)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.130 Location Of Animal Runs, Pens, Etc.

No animal run, pen, shed, or house hereafter erected or reconstructed shall be permitted within 25 feet of a neighboring building or structure designed for or permitting human habitation.

(Code 2024, § 4.3.14)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.140 Dangerous Dogs And Other Animals

  1. It is unlawful for any person to maintain a public nuisance by permitting any dangerous dog or other animal to leave the premises of its owner when not under control by leash or other recognized control methods.
  2. Professionally trained guide dogs for the blind or hearing impaired, support dogs for the physically disabled, and sentry, guard, or police-owned dogs are exempt from this section subject to the following:
    1. Any attack or injury to a person by the dog must have occurred while the dog is performing duties as expected.
    2. To qualify for exemption, the dog shall be currently inoculated against rabies in accordance with state law and this chapter.
    3. It is the duty of the owner of an exempted dog to notify the animal control officer of the village of changes of address.
    4. In the case of a sentry or guard dog, the owner shall keep the animal control officer advised of the location where such dog will be stationed.
    5. The animal control officer shall provide the village police and fire departments with a categorized list of exempted dogs and shall promptly notify such departments of any address changes reported to him.
  3. In the event it is determined that a dangerous dog or other animal exists in the village, the village attorney may file a complaint in the circuit court on behalf of the village to enjoin all persons maintaining or permitting such dangerous dog or other animal to abate the same and to enjoin the owner of such dog or other animal from permitting such dog or other animal to leave his premises when not under control by leash or other recognized control methods. The court may enter an order restricting the owner from maintaining such nuisance and may order that such dog or other animal be humanely dispatched.

(Code 2024, § 4.3.5)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.150 Vicious Dogs And Other Animals

  1. It is unlawful for any person to keep or maintain a dog or other animal which has been found to be vicious unless such animal is kept in an enclosure. The enclosure shall be posted with a sign 8.5 inches by 11 inches with white background and red lettering. The lettering shall be a minimum of two inches in height and shall read, "Danger—Vicious Animal."
  2. The sign shall be firmly attached to the enclosure on all exposed sides. The only times that a vicious animal may be allowed out of the enclosure is:
    1. If it is necessary for the owner or keeper to obtain veterinary care for the vicious animal; or
    2. To comply with the order or a court of competent jurisdiction, provided that the vicious animal is securely muzzled and restrained with a chain having tensile strength of 300 pounds and not exceeding three feet in length and is under the direct control and supervision of the owner or keeper of the vicious animal.
  3. If the animal control officer deems that an animal is vicious, the animal control officer shall notify the owner or keeper of such determination in writing. The written notification may be hand delivered or sent by registered mail. When an owner or keeper is so notified, he shall comply immediately with the provisions of this section.
  4. The animal control officer may impound the animal and file an action in court for an order authorizing the destruction of the vicious animal by lethal injection.
  5. It is unlawful for any owner or keeper of a vicious animal to sell or give away any vicious animal.

(Code 2024, § 4.3.6)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

8.04.160 Beekeeping Prohibited And Declared Nuisance

  1. No person shall keep or maintain any bees, beehives or apiaries on any property within the village limits. In addition to any and all other legal or equitable remedies, keeping or maintaining bees, beehives or apiaries within village limits is declared to be a nuisance.
  2. When such a nuisance is declared, the property owner or beekeeper shall be notified in person or in writing via certified mail to cease the use of the hives. Compliance must be effected within 60 days from the date of receipt of such notice.

(Code 2024, § 4.4.10)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.010 Running At Large

The owner or keeper of any dog or cat shall not permit his dog or cat to run at large or be at large within the village. Each dog or cat running at large within the village is subject to impoundment by the animal control officer.

(Code 2024, § 4.3.17(A)(1))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.020 Certain Dogs And Cats Declared Nuisance

No person shall permit, allow, keep, or harbor in such a way as to permit or allow any dog or cat to unduly disturb the quiet of a neighborhood within the village, and any dog or cat that unduly disturbs the quiet of a neighborhood is declared to be a nuisance.

(Code 2024, § 4.3.17(A)(3))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.030 Taking Up And Treating Injured Dogs And Cats

The animal control officer shall also remove from any street or public place within the village any injured dog or cat not being attended and properly cared for by the owner and shall, if he sees it advisable, impound or confine the dog or cat with some veterinarian. If the veterinarian shall treat the dog or cat, he shall advise the animal control officer of the cost of the treatment, and in the event such dog or cat is redeemed as provided in this chapter, the person redeeming the dog or cat shall also pay the charges of the veterinarian. If the dog or cat is not redeemed, it shall be disposed of in the manner provided in this chapter.

(Code 2024, § 4.3.17(A)(4))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.040 Female In Heat

No owner or keeper of any female dog or cat shall permit the dog or cat to run at large while in heat. Any female dog or cat so found running at large shall be taken up and impounded in the village animal shelter, and the dog or cat shall be disposed of, or may be redeemed upon the payment of the same fees and in the same manner as dogs and cats may be redeemed which have been impounded, as provided for hereunder.

(Code 2024, § 4.3.17(A)(5))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.050 Limitation On Number Of Dogs Or Cats Per Residence

No person in charge of a residence shall keep, harbor or control more than three dogs, three cats, or a combination of four at his residence.

(Code 2024, § 4.3.17(A)(6))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.110 Inoculation Required

Each owner or keeper of any dog or cat within the village shall cause the dog or cat to be inoculated by a licensed veterinarian and shall maintain a current inoculation for such dog or cat at all times. Current status shall be determined by the rules and standards of the state department of agriculture and U.S. Department of Agriculture.

(Code 2024, § 4.3.17(B)(1))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.120 Collar With Current Inoculation Tag Required
  1. Each dog or cat kept within the village shall be provided by its owner or keeper with a good and substantial collar, and he shall cause to be attached thereto in a secure manner a current inoculation tag. The owner or keeper shall at all times cause the dog or cat to wear the collar with the inoculation tag attached thereto.
  2. Any dog or cat found within the village off of the premises occupied by the owner of the dog or cat and not wearing a collar with the inoculation tag attached thereto as required by this division shall be impounded and disposed of as provided in this chapter.

(Code 2024, § 4.3.17(B)(2))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.130 Unauthorized Removal Of Collars, Tags And Leashes From Dogs Or Cats Prohibited

It is unlawful for any person, other than the animal control officer, a village official or designated enforcement officer, or an owner, to remove the collar, inoculation tag or leash from any dog or cat within the village without consent of the owner or keeper of the dog or cat.

(Code 2024, § 4.3.17(A)(2))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.140 Confinement Of Dogs And Cats That Injure Humans

It is unlawful for the owner or keeper of any dog or cat, when notified that such dog or cat has bitten any person or has so injured any person as to cause an abrasion of the skin, to sell or give away such dog or cat or to permit or allow the dog or cat to be taken beyond the limits of the village, but it shall be the duty of the owner or keeper, upon receiving notice of such an injury caused by the dog or cat, from the animal control officer or village official or designated enforcement officer, to surrender possession of the dog or cat to the animal control officer or enforcement officer for confinement at a licensed veterinary clinic for not less than ten days, the cost of such confinement to be paid by the owner or keeper.

(Code 2024, § 4.3.17(B)(4))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.150 Confinement Of Dogs And Cats When Rabies Is Suspected

Any dog or cat having symptoms of the disease known as rabies shall be confined under the supervision of a veterinarian for a period of ten days. Any dog or cat having any symptoms of rabies, when impounded by the animal control officer, shall be immediately placed in the care of a veterinarian. If it shall be deemed that the dog or cat is suffering from rabies, the animal may not be destroyed without specific authorization of the veterinarian.

(Code 2024, § 4.3.17(B)(6))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.08.160 Separation Of Inoculated Dogs And Cats In Animal Shelter

The animal control officer or the person in charge of the animal shelter shall, when practicable, keep inoculated dogs and cats separate from dogs and cats which do not have a current inoculation tag.

(Code 2024, § 4.3.17(C)(2))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.010 Authority Of Animal Control Officer; Right Of Entry

The animal control officer and any designated enforcement officer are authorized to enter any premises wherein he has reasonable grounds to believe that any animal might be harbored in violation of this chapter. If the owner, occupant or other person in control of the premises refuses any officer authorized entry by this section admittance to the premises, the officer shall apply to a court of competent jurisdiction and obtain either a search warrant or an administrative search warrant as may be appropriate under the circumstances of the matter. Any officer armed with a search warrant of any sort shall execute the warrant in accordance with state law.

(Code 2024, § 4.3.16(A)(1))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.020 Village To Provide And Maintain Animal Shelter And Related Facilities

The village shall provide and maintain an animal shelter suitable for the impounding and maintenance of dogs, cats and other small animals, and shall provide and furnish all other equipment and supplies required in the application of this chapter.

(Code 2024, § 4.3.16(A)(3))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.030 Unauthorized Entry Into The Animal Shelter

No person shall break into or in any manner directly or indirectly aid or assist in or counsel or advise the breaking into of the animal shelter of the village.

(Code 2024, § 4.3.16(A)(4))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.040 Hindering Officer Who Is Impounding Animal

No person shall hinder, delay or obstruct any person engaged in taking to the animal shelter any animal liable to be impounded.

(Code 2024, § 4.3.16(A)(2))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.110 Impoundment Authority; Bond Required; Remittance Of Fees Collected
  1. The animal control officer shall impound, or cause to be impounded, and shall dispose of according to the provisions of this chapter all animals running at large within the village and shall keep a record of every animal so impounded, describing the kind of animal, the breed, color, and sex, together with the time and place the animal was captured or received and the final disposition made of each animal, together with such other information that may come to his attention.
  2. All assistants assigned to the animal control program shall be directly responsible to the animal control officer in the performance of their duties.
  3. The animal control officer and all assistants assigned to animal control shall be bonded. The animal control officer shall deliver all fees and funds collected by him or his assistants to the village clerk at the end of each and every workday, except Saturdays, Sundays and holidays.

(Code 2024, § 4.3.16(B))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.120 Notice Of Impoundment Of Dogs And Cats; Authority To Issue Summons
  1. When any dog or cat displaying an inoculation tag, license tag, or tattoo registered with the village shall be impounded, the animal control officer shall make a search of the village records or contact the veterinarian who issued the inoculation tag to determine the owner thereof and shall ascertain who issued the inoculation tag to determine the owner thereof and shall immediately provide the apparent owner thereof, if any, with written notice. The notice shall be in a form approved from time to time by the board of trustees.
  2. The animal control officer that impounds any dog or cat shall have the authority to issue a notice or summons to the owner or person listed as the licensed owner.

(Code 2024, § 4.3.17(C)(3), (B)(5)(a))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.130 Redemption; Fees
  1. Any dog or cat impounded under the provisions of this chapter may be redeemed by its owner or his authorized representative within five days from the date of impounding upon payment by such person to the animal control officer or person in charge of the animal shelter where the dog or cat is confined for use of the village the fees as provided in the village fee schedule.
  2. No animal will be released pursuant to this section, unless payment of fees is received or proof established excusing payment.

(Code 2024, § 4.3.17(C)(1)(a))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.140 Adoption

Any dog or cat to be adopted under the provisions of this chapter may be adopted upon payment to the animal control officer or person in charge of the animal shelter where the dog or cat is confined, for the use of the village, the fees as provided in the village fee schedule.

(Code 2024, § 4.3.17(C)(1)(b))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.150 Voluntary Surrender Of Animal To Shelter

Any owner or keeper of a dog or cat may leave the dog or cat with the village for disposition as an impounded animal free of charge, provided the owner or keeper signs a written waiver relinquishing all rights to the animal and supplies satisfactory proof of ownership. If proof of ownership is unavailable, the animal control officer shall retain control of the animal for a minimum of five days.

(Code 2024, § 4.3.17(C)(1)(c))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
8.12.160 Disposition Of Dogs And Cats Not Redeemed

If any dog or cat impounded under the provisions of this chapter is not redeemed within five days after being impounded, the animal control officer shall cause the dog or cat to be disposed of in a humane way by approved methods or by adoption.

(Code 2024, § 4.3.17(C)(4))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025