(A) Failure to restrain.
(1) Prohibited. It is unlawful for an owner of a dog or cat to allow or permit such dog or cat to be at large within the corporate limits of the city.
(2) Violation; penalty. Any person violating the provisions of this section shall, upon conviction, be subject to penalty as provided in § 91.99.
(B) Impoundment.
(1) Animals running at large. Any licensed or unlicensed dog or cat found being in violation of this section may be taken and placed in a designated city humane shelter by any animal control officer or peace officer. Licensed dogs or cats at large and not under restraint, in the discretion of the animal control officer or peace officer, may be taken and returned to the owner, but a complaint or citation for a violation of this section shall be personally served upon the owner.
(2) Notice of impoundment. Whenever any licensed dog or cat is impounded, the animal control officer or peace officer shall notify the owner. No notice to the owner of impoundment shall be required if the dog or cat is unlicensed. Generally, it is the duty of dog or cat owners to know the whereabouts of his, her, or their dogs or cats at all times.
(3) Records.
(a) Immediately upon impounding any animal, the animal control officer or peace officer shall cause to be recorded in a book to be provided by the city the following information upon each dog or cat:
1. The sex;
2. Color;
3. Breed, if capable of determination;
4. Estimate of age;
5. Distinguishing marks, if any;
6. The date and hour of impounding; and
7. Upon final disposition of such animal, the record shall show such disposition.
(4) Release from impoundment; fees.
(a) Impounding fees. Impounded dogs or cats may be recovered by the owner upon proper identification. However, before any dog or cat is released from the humane shelter, the animal control officer or city shall cause to be collected from the person claiming such dog or cat a maintenance fee of $5 for each day or fraction of a day the dog or cat has been impounded and an impounding fee of $15 for the first impounding, of $25 for the second impounding, and of $50 for the third and any subsequent impounding in any one calendar year.
(b) License fee; vaccination cost. In addition, the animal control officer or city shall cause to be collected from such owner the license fee required by the city and cost of any vaccinations required by the city, unless satisfactory evidence is produced that the license fee has been paid and the dog or cat is adequately vaccinated.
(c) Unredeemed animals. If an impounded, licensed dog or cat is not redeemed by its owner within eight days after notice, it may be disposed of by the city. If an impounded, unlicensed dog or cat is not redeemed by its owner within eight days after impoundment, it may be disposed of by the city.
(5) Disposition of unredeemed animals.
(a) Death. If an impounded dog or cat is not redeemed by the owner or some person acting in the owner’s behalf within eight days of impoundment, then the animal control officer or city may cause the dog or cat to be put to death. Payment of fees and costs required by division (B)(4) above must be made for a dog or cat to be redeemed.
(b) Adoption. Instead of putting a dog or cat to death after the required time, the animal control officer or city may cause an impounded dog or cat to be given to any person who pays the impoundment and licensing fees, which said fees may be waived in order to facilitate an adoption, but no license fee shall be required if the animal’s home will be outside the city limits. All rights, title, and interest of the animal’s original owner shall be forfeited if the dog or cat is not redeemed within eight days of impoundment.
(2015 Code, § 4-3B-5) Penalty, see § 91.99