ARTICLE I.  Duties

• To provide essential animal services to the residents of Bedford County, excluding cities or towns,  through the enforcement of animal-related codes as stated in the Tennessee Code and Bedford County Animal Control Rules and Regulations

• To provide animal safety and educational programs

• To attempt to solve animal-related problems by education or advice

• To provide emergency and rescue services for animals, utilizing assistance when needed

• To cooperate with the county health director and assist in the enforcement of the laws of the county and state with regard to animals and especially with the regard to the vaccination of dogs and cats against rabies and the enforcement of animals running at large

• To investigate cruelty to or abuse of domestic animals

• To investigate, along with the county extension agent, cruelty to or abuse of livestock animals

• To insure the health and safety of the citizens of Bedford County

• To maintain an animal shelter that will shelter animals impounded under this act, quarantine animals suspected of having rabies, and dispose of impounded animals by adoption, redemption or humane euthanasia

ARTICLE II.  Running at large

• It shall be unlawful for any person to allow any unrestrained dog or cat belonging to him or under his control to run at large and pose a public nuisance in the county.  Any dog or cat found running at large and considered a public nuisance, and any dog or cat required to be vaccinated against rabies is liable to seizure and disposal as provided.  Exceptions to this are for hunting dogs while in chase or returning from chase.

• Any dog or cat found running at large and posing a public nuisance whose owner is known, will be given one free ride home at which time a written warning will be issued to the owner or custodian of the animal.  Each offense thereafter will result in a citation being issued.

• In the event the owner, or custodian, of the dog or cat desires to redeem such dog or cat, then the owner, or custodian, shall pay all the costs including impound fees, board fees, and the cost of vaccinations, if necessary, before becoming entitled to the possessions of such impounded dog or cat.

• Impound and board fees will be set from time to time by the Bedford County Board of Commissioners as recommended by the Law Enforcement Committee, but their payment shall in no wise relieve the owner, or custodian, of the payment of any other fine or penalty.

• Owner surrender of an impounded animal does not relieve the owner of any citation, fine or citation to appear.

• If no one appears to redeem the dog or cat within five days of it’s being impounded when the owner is known, the county may dispose of animal by adoption or euthanasia.

• It shall be unlawful for any person owning or having possession, charge, custody, or control of a female dog or female cat to allow that animal to be at large during its estrous period.  The owner or person having possession of the animal must, from the first symptom of being in heat for twenty-eight days, restrain the animal in a secure enclosure in such a manner that will prevent the animal from coming in contact with a male of its species.  This section shall not be construed to prohibit the intentional breeding of animals on the premises of the owner or keepers of the animals involved.

• It shall be unlawful for any person owning or controlling any swine, ratites, cattle, horses, mules, sheep, or goats to allow such animals to run at large.

• It shall be unlawful for the owner of any chicken or other fowl to permit it to run at large or upon the premises of any other person.

ARTICLE III. Care while in custody

• The animal shelter shall provide clean, comfortable and sanitary quarters for all dogs and cats, and shall provide a liberal allowance of wholesome food and fresh, clean water.

• Bedford County and its officials shall not be responsible for any illness, disease or death occurring to any animal confined at the animal shelter.

ARTICLE IV.  Enforcement and interference with enforcement of Act.

• Animal Control shall enforce the provisions of this Act and shall have the authority to issue written warnings, swear out warrants, or issue citations and fines for violations of this act.

• Animals running at large and posing a public nuisance shall be complaint driven unless in instances of public safety.  In instances that pose a threat to public safety, Animal Control may take immediate action.

• It shall be unlawful for any person to interfere with or hinder officers of animal control in the performance of any duty authorized by this Act or seek to release any animal in the custody of Animal Control except as otherwise specifically provided herein.

ARTICLE V.  Impounded Animals

• If a small animal is impounded and no owner is known, or no identification is present, the animal shall be impounded for a period of three days after which it may be disposed of by adoption or humane euthanasia.

• It shall be the duty of the Animal Control to order the humane destruction of any animal lawfully taken into the custody of animal control, if a veterinarian, duly and currently licensed in the State of Tennessee, deems it more humane to euthanize such animal than hold it for the required holding period due to sickness, disease, injury or danger to the safety of the community. If the animal to be euthanized under this section is wearing an identification, rabies or license tag, the owner shall be notified before the animal is euthanized unless the animal is in critical condition and the owner cannot be reached within a reasonable period of time in which event the veterinarian may authorize euthanasia of the animal for humane reasons.

• Animal Control may accept owner surrenders of small animals.  These small animals may be immediately adopted or humanely euthanized at the discretion of animal control.  The owner must represent that he/she is in fact the legal owner of the animal and transfer ownership of the animal to the county.

• Animal Control is authorized to place, upon request, live-capture small animal traps on private property with the permission of the owner to trap and remove stray, at large, abandoned, nuisance domestic animals, bite or rabies suspect animals.  It is unlawful for any person other than animal control personnel to remove any animal from the trap or to damage, destroy, move or tamper with the trap.  Animal Control is authorized to receive and impound domestic animals that are trapped by citizens.

ARTICLE VI.  Rabies

• It shall be unlawful for any person to own a dog or cat that does not have a current Rabies Vaccination if the animal is over three months of age.

• A current certificate of inoculation shall be presented when requested by animal control.

• Any dog or cat found not to have a current vaccination shall be subject to the enforcement procedures of this act.

• Each person who owns or has a dog or cat under his control shall upon the inoculation of such dog or cat, procure a metal tag from the veterinarian, which tag shall show the inoculation number of the dog or cat and the year in which the inoculation is given.  The owner shall keep the tag attached to a collar and kept on the dog or cat at all times.

ARTICLE VII.  Detention when rabies suspected.

• It shall be required that any dog or cat that has bitten a human being or has shown symptoms of rabies or is for any reason suspected of having rabies, or an dog or cat that has been bitten by a suspected animal, shall be reported and the animal shall be immediately impounded and confined under the supervision of the animal control officer for a period of ten days at the animal shelter. According to the state health department’s Animal Bite Guidelines, an additional quarantine may be required at the owner’s residence.  If no owner is known, the animal is to be held according to the impound article of this act, humanely euthanized, and sent for testing with the state health department.

• The owner of any suspected animal shall be liable for the appropriate fees and costs associated with the boarding of this animal.

• The suspected animal shall not be redeemed by its owner until the health department deems that the animal no longer poses a health risk.

• The owner will be responsible for any medical attention and vaccinations given at the recommendation of a veterinarian.  The animal must be given current rabies vaccinations upon redemption.

ARTICLE VIII.  Adoption Procedures

• No person shall adopt a dog or cat from animal control unless:
  • The dog or cat has already been spayed or neutered; or
  • The new owner signs a written agreement with the agency stating that he/ she will have the animal spayed/neutered within thirty days after adoption of the animal if the animal is at least six months of age or to be done by the age of six months.

• If the dog or cat being adopted has not been spayed or neutered, animal control shall require a deposit of fifty dollars from the new owner prior to the adoption in order to ensure that the dog or cat is spayed or neutered.  The new owner may request and shall receive a refund of the deposit upon providing confirmation of the spaying or neutering.

• If the new owner fails to have the dog or cat spayed or neutered within the time frame established or if the spaying or neutering is timely performed, but the new owner fails to request the return of the deposit within an additional ten days after the date by which the spaying or neutering is required to be performed, such deposit shall be forfeited to animal control and shall be used to conduct programs to spay or neuter dogs and cats and/or to conduct educational programs in support of the spaying and neutering of dogs and cats.

• Any dog or cat to be adopted that is over three months of age must be vaccinated against rabies.

ARTICLE IX.  Cruelty, Neglect, Inhumane Acts, Public Nuisance

• It shall be unlawful for any person in the county to torture, torment, deprive of necessary sustenance, cruelly beat, or needlessly mutilate or kill, or cause to procure to be overdriven, overloaded, tortured, tormented, or deprived of necessary sustenance, or cruelly beaten or needlessly mutilated or kill any animal, or to use any animal when unfit for labor.

• It shall be unlawful for any person in the county to fail to provide a dog or cat owned by such person with adequate shelter necessary to protect such animal from inclement or severe weather.  The shelter must consist of a top and three sides and must be dry.  The shelter shall be of a size in which the animal being housed may comfortably turn around.

• It shall be unlawful for any animal to be kept under conditions which increase the probability of the transmission of disease.

• It shall be unlawful for any person keeping an animal to fail to provide medical attention and/or necessary veterinary care when it is sick, diseased or injured.

• It shall be unlawful for any person in the county to carry or cause to be carried in or upon any vehicle or other conveyance any animal in a cruel or inhumane manner or to leave an animal in a vehicle in a manner so as to subject such animal to excessive heat.

• It shall be unlawful for any person owning or having possession, charge, custody or control of an animal to abandon that animal.

• Any animal control officer may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his/her presence, and it shall be unlawful for any person to interfere with or obstruct any such officer, in the discharge of such duty.

• It shall be unlawful for any person to allow any animals under his/her care or control to become a public nuisance as defined in this act.

ARTICLE X.  Dangerous Dogs (Passed March 13, 2007)

• Findings

• Dangerous dogs have become a serious threat to the safety and welfare of citizens and domestic animals if Bedford County.  In recent years, dogs have assaulted without provocation and seriously injured individuals and have killed other animals. 
• These attacks are often attributable to the failure of owners to confine and properly control dangerous dogs.
• The necessity for the regulation and control of dangerous dogs is a countywide problem, requiring regulation, and existing laws are inadequate to deal with the threat to public safety posed by dangerous dogs.

• A dog may be classified as dangerous if one of the following incidents have occurred:

• The dog has attempted to attack or has attacked a person or domestic animal;
• The dog has, engaged in any behavior when unprovoked that reasonably would have required a person to take defensive action to prevent bodily injury;
• The dog has bitten a person or a domestic animal causing a minor or severe injury;
• An attack occurs which results in injury to a person or a dog bites a person when such person is conducting himself peacefully and lawfully;
• The dog has been owned, possessed, kept, used or trained in violation of Tennessee Code Annotated 39-14-203

• If an Animal Control Officer or a law enforcement officer has investigated and determined that there is sufficient cause to believe a dog is dangerous, as stated in this act, a warrant shall be issued and served upon the owner to appear in the General Sessions Court for Bedford County, Tennessee for the purpose of determining whether or not the dog in question should be designated as a dangerous dog.  The initial hearing should be scheduled not less than five days nor more than fifteen days after service of the warrant upon the owner or custodian of the dog.

• A dog will not be classified as dangerous if the threat, injury, or damage was sustained by a person, who, at the time, was unlawfully on the property with the intent to commit a crime upon the property occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog.

• No dog may be declared dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack.

• No dog may be declared dangerous if injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or custodian, and the damage or injury was appropriate to the work of the dog.

• It shall be unlawful for any person who has been served with a citation to appear in a court of competent jurisdiction to transfer ownership of such dog until after the court has issued a ruling on such citation.

• The court shall designate a dog as a “dangerous dog” if the court finds upon a preponderance of the evidence, that the dog meets the criteria of a dangerous dog as set forth in this act.

• Upon designating a dog as dangerous, the court shall impose the restrictions on the owner of such dog as set forth in this act and may impose additional restrictions on the respondent as are appropriate under the circumstances of the case.  The court shall reduce such restrictions to writing and have them served on the respondent.

• Animal Control shall maintain a record with the Bedford County 9-1-1 Communication Center of all dogs designated as dangerous to aid other departments within the county.

• Mandatory Restrictions on Dangerous Dogs

• The dog must be kept in a proper enclosure if the dog is maintained unattended out-of-doors; such proper enclosure must be enclosed within an outer fence, and the outer perimeter of the proper enclosure must be no less than five feet from the outer fence;
• The owner of custodian must allow inspection of the dog and its enclosure by animal control and must produce upon demand, proof of compliance with the restrictions set forth in this act and any additional restrictions imposed by the court;
• In the event the owner or custodian of the dog is a tenant on real property where the dog is being kept, the owner or custodian must obtain written permission, to be filed with animal control, to keep the dog on certain specified premises from the landlord or property owner;
• The owner and dog must attend and complete a training class and/or behavior modification course approved by animal control that is designed to teach the owner how to deal with, correct, manage and/or alter the problem behavior;
• A sign available exclusively from animal control, the cost of which shall be included in the annual fee for a dangerous dog, having reflective letters reading “Beware of Dangerous Dog” shall be posted in a conspicuous place at all entrances to the premises on or within which such dog is kept;
• A dangerous dog shall not be permitted to leave the premises of the owner unless such dog is properly restrained and humanely muzzled for protection of persons and other animals;
• A dangerous dog may never, even with the owner present, be allowed to be unrestrained on property that allows the dog direct access to the public;
• The owner of a dangerous dog shall not permit such a dog to be chained, tethered, or otherwise tied to any inanimate object such as a tree, post or building, inside or outside of its own separate enclosure;
• Such dog shall be photographed by animal control for future identification purposes;
• Neutering or spaying of the dog;
• Implantation of an identification microchip in such dog; the serial number of the identification chip must be supplied to animal control;
• Requiring the owner of the animal or owner of the premises on which the animal is kept to obtain and maintain liability insurance in the amount of one hundred thousand dollars and to furnish a certificate of insurance;
• Maintaining and updating a record with animal control at least quarterly that lists the dog owner or agent contact information, emergency contact persons and phone numbers, veterinarian, landlord and/or property owner contact information, property/liability insurance carrier, vaccination, licensing and/or permit number, photo of the animal and any other information deemed necessary by animal control;
• The wearing of a collar and/or tag that visually identifies the dog as being dangerous (purchased through animal control);
• Notification in writing to animal control of the location of the dog’s residence, temporary or permanent, including prior notice of plans to move the dog to another residence within the county or outside the county and/or transfer ownership of the dog;
• The owner shall pay a Dangerous Dog Fee with animal control annually
• Any other reasonable requirement specified by the court
• The owner must pay the cost of all such restrictions and requirements

• It shall be unlawful for any person who is subject to such restrictions to fail to comply with such restrictions.

• If upon investigation it is determined by animal control that probable cause exists to believe a dog poses an immediate threat to public safety, the dog may be immediately impounded pending a hearing with the court.

• Animal Control may impound any dangerous dog if reasonable cause exists that any of the mandatory restrictions upon the dog are not being followed if the failure to follow such restrictions would likely result in a threat to public safety.  The owner or custodian shall surrender such a dog to animal control upon demand.  In the event such dog is impounded, animal control shall serve a citation upon the owner of such dog for the violation.

• No dog that has been designated by the court as a dangerous dog may be released by animal control until the owner has paid all fees and costs that are normally charged for an impounded animal.  If the owner or custodian fails to pay all fees and take possession of the dog within ten days of the court’s designation, the dog will be deemed abandoned and may be disposed of by animal control.  Euthanasia or surrender to animal control of such a dog does not free the owner or custodian of responsibility for all costs incurred up to and including the date of euthanasia or surrender.

• The owner or custodian of a dangerous dog who moves or sells the dog, or otherwise transfers the ownership, custody or location of the dog, shall, at least fifteen days prior to the actual transfer or removal of the dog, notify animal control in writing of the name, address and telephone number of the proposed new location of the dog, and the name and description of the dog.

• The owner or custodian shall, in addition to the above, notify any new owner or custodian of a dangerous dog in writing regarding the details of the dog’s record and the terms and condition for confinement and control of the dog.  The transferring owner or custodian shall also provide animal control with a copy of the notification to the new owner or custodian of his or her receipt of the original notification and acceptance of the terms and conditions.  Animal control may impose the same restrictions or conditions upon the new owner or custodian.

• If a dangerous dog should die, the owner or custodian shall notify animal control no later than 24 hours thereafter and, upon request, from animal control shall produce the animal for verification or evidence of the dog’s death that is satisfactory to animal control.

• If a dangerous dog escapes, the owner or custodian shall immediately notify animal control and make every reasonable effort to recapture the escaped dog to prevent injury and/or death to humans and domestic animals.

• The owner or custodian of a dog that has had special restrictions placed upon it, or the owner or custodian of a dog that has been designated as dangerous shall notify animal control when relocating to Bedford County even on a temporary basis.

ARTICLE XI.  Wild and Exotic Animals

• No person shall have, sell, or keep or maintain any wild, dangerous exotic, dangerous, or non-domesticated animal that is classified under T.C.A. Section 70-4-403, or as follows:
  • Mammals:
    • Primates – Gorillas, orangutans, chimpanzees, gibbons, siamangs, mandrills, drills, baboons, Gelada baboons
    • Carnivores:  All species of wolves, bears, lions, tigers, leopards, jaguars, cheetahs, cougars
    • Order Proboscidia:  Elephants, all species
    • Order Perissodactyla:  Rhinoceroses, all species
    • Order Artiodactyla:  Hippopotamus, African buffalo

• Reptiles:
  • Order Crocodylia:  Crocodiles and alligators, all species
  • Order Serpentes:  Snakes, all poisonous species

• Amphibians:  all poisonous species

ARTICLE XII.  Animal Restrictions

• A dog that is tethered must be a minimum of five feet from all property lines when the tethering device is extended to its fullest length.

• Any tethering device used on a dog must be a minimum of ten feet in length.

ARTICLE XIII.  Voluntary Registration

• Any person in Bedford County may voluntarily register their pet with animal control by paying the appropriate registration fee.

• Voluntary registration will aid to increase the number of animals that are returned to their original owner.

• Animal Control will issue a tag and certificate to the owner of a registered animal and maintain all records for identification purposes.

ARTICLE XIV.  Review Board

·        The Law Enforcement Committee of the Bedford County Board of Commissioners shall serve as a review board for any matters related to animal control.

ARTICLE XV.  Definitions

• Abandon means forsake, desert or give up an animal previously under the custody or possession of a person without having secured another owner or custodian or by failing to make reasonable arrangements for adequate care for twenty-four or more consecutive hours.

• Animal Control means Bedford County Animal Control

• Animal Shelter means any premises designated by the county for the purpose of impounding and caring for all animals found at large or otherwise subject to impoundment in accordance with the provisions of this act.

• At large means off the property of its owner and not under the restrain of a competent person.

• Attack means attack by an animal in a vicious, terrorizing or threatening manner or in an apparent attitude of aggression; “attack” does not include any actions by an animal in defense of itself or its owner or keeper against aggression by a person or an animal.

• Dangerous dog means any dog that has been designated as such by the court of competent jurisdiction.

• Domestic Animal means any animal that may be legally possessed by a person and is commonly kept as a pet in or around a residence, outbuildings, or business.

• Impoundment means the placement of an animal in the custody of animal control.

• Minor injury means an injury in which the victim suffers pain as a result of an attack by an animal but which does not produce any broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.

• Neglect means a person that commits an offense who intentionally or knowingly does any of the following:

• Failing to provide an animal with adequate food or drinkable water at suitable intervals sufficient to maintain the animal’s health and well-being;
• Failing to provide adequate medical attention for any sick, diseased, or injured animal in order to prevent suffering, disability or death to the animal;
• Keeping any animal under conditions which increase the probability of the transmission of disease; or
• Failing to provide an adequate shelter for a domestic animal wherein the animal can be protected from extremes of weather (heat, cold, rain, sun, etc.), physical suffering, or impairment of health, and which is large enough to allow the animal to make normal body movements.

• Owner means any person, corporation, organization, group of persons or association that:
  • Has a right in an animal;
  • Keeps or harbors an animal;
  • Has an animal in his/her care or acts as custodian of an animal for five or more consecutive days when the true owner of the animal is unknown to such person; or
  • By agreement with or with permission of the true owner of the animal, has an animal in his/her care of acts as a caretaker or custodian of an animal

• Proper enclosure means a place in which a dog is securely confined indoors or in a securely enclosed and locked pen or structure to prevent the entry of children under the age twelve and designed to prevent the dog from escaping.  Such enclosure shall have secure sides and a secure top and concrete floor to prevent the dog from escaping and shall also provide protection for the dog from the elements.  The enclosure shall be of suitable size for the dog.

• Properly restrained means:

• Controlled by a competent person by means of a chain, leash, or other device not to exceed six foot in length,
• Secured within or upon a vehicle being driven or parked, or
• Kept within a proper enclosure

• Public nuisance means any animal or group of animals that, by way of example and not of limitation, habitually:
  • Damage, soil or defile community or neighborhood private or public property;
  • Interfere with the ordinary use and enjoyment of a person’s property;
  • Turn over garbage containers or damage flower or vegetable gardens;
  • Cause unsanitary or offensive conditions; or
  • Impede the safety of pedestrians, bicyclists, or motorists.

• Severe injury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.

• Stray means any animal:

• Which is at large,
• Which appears to be lost, unwanted, or abandoned,
• Whose owner is unknown or not readily available.

• Tethered means the practice of fastening a dog to a stationary object or stake as a means of keeping the animal under control.  Tethering does not refer to a dog being on a leash for walking.

• Torture or torment mean every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted.

ARTICLE XVI.  Fee Schedule (for dogs and cats unless specified otherwise)    

Fees approved by the Bedford County Board of Commissioners as recommended by the Law Enforcement Committee.

TrackBack URI for this entry

Comments (0)

Subscribe to this comment's feed