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A. Licenses; Application; Fees:
1. License Required; Exception: It shall be unlawful for any person to own, harbor, keep or possess a dog over the age of sixteen (16) weeks within the City without first procuring a license therefor as provided by this chapter; provided, however, that the provisions of this chapter shall not apply to any person visiting in the City for a period not exceeding thirty (30) days, and owning or possessing a dog currently licensed, and bearing the license issued by another municipality or other licensing authority.
2. Application: The owner or person having charge of any dog over the age of sixteen (16) weeks within the City shall make application to the City Clerk, the Humane Shelter Director or other designated agent in the amount established by the City Council and listed on the most current City Clerk license fee schedule.
3. Proof Of Spay Or Neuter: No dog will be licensed as spayed or neutered without proof that such surgery was performed.
4. Waiver Of Fees: License fees shall be waived for any guide dog that has been properly trained for use by a legally blind person and for any guide dog puppy in training authorized by a certified guide dog school. License fees shall also be waived for any hearing ear dog that has been properly trained for use by a person with impaired hearing or any other severely disabled person who requires an assistance dog.
5. Prepayment Of Licenses: Dog owners may choose to prepay licenses for one, two (2) or three (3) years. (1952 Code § 6-07-17)
6. Issuance Of License; Tag; Duplicate Tag: Upon receipt of such application and payment of fees, the person issuing the license shall issue a receipt designating the owner's name and the number of the license, the sex (or status of spayed or neutered) of the dog and the amount paid by him, together with a metal tag bearing the number corresponding to that upon receipt. If a license is lost, the Clerk or Director of the humane shelter or other designated agent shall, upon application and payment of a fee in such amount as established by the City Council, issue a duplicate tag. Licenses for the following year may be purchased within ninety (90) days prior to the expiration date. Upon renewal, a new tag shall not be issued unless requested. If a dog is licensed as nonspayed or nonneutered, and is spayed or neutered within the licensed period, the Clerk shall, upon presentation of a veterinarian's statement of spaying or neutering, refund the difference in the license fee. (1952 Code § 6-07-17; amd. 2019 Code)
7. Term: All dog licenses are valid for twelve (12) months and shall expire one year from date of sale.
B. Imitation License Tags: It shall be unlawful for any person to allow any dog owned, kept or harbored by him to wear a license tag received on account of a former licensee or to wear any imitation of the license tag issued by the City for that year.
C. Training And Exercise Grounds: The Board of Park Commissioners or the Council may designate such areas of the public park or other public grounds of the City which may be used, subject to the rules and regulations as may be prescribed, for the training or exercise of dogs. Dogs within such area so designated need not be controlled by leash, but shall be under the control of a responsible person and controlled by whistle, voice or other effective command.
D. Collar; Tag: Every dog shall at all times wear a substantial, durable collar, to which shall be securely attached the required license tag.
E. Running At Large Prohibited: Except as provided by subsection C of this section, any person who owns, harbors or has in his or her control an animal, whether the animal is licensed or not, which animal is found at large upon the streets or alleys of the City, or in any public place in the City, or upon any other premises without the consent of the person in possession of such premises, is responsible for such animal being at large and is in violation of this chapter, except:
1. When such animal is controlled by a leash.
2. When such animal is confined in a motor vehicle.
F. Responsibility To Clean Up After Dog; Exception:
1. No person having the care, custody, possession or control of a dog shall fail to remove fecal matter deposited by his/her dog on any street, sidewalk, pedestrian walkway or other pedestrian right-of-way, or bicycle path in the City before the owner/handler of the dog leaves the immediate area where the fecal matter was deposited.
2. A violation of this subsection F shall be an infraction, the penalty for which shall be twenty five dollars ($25.00), excluding court costs and fees. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding one hundred dollars ($100.00) and for which no period of incarceration may be imposed. There is no right to trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury.
3. The requirements of this subsection F shall not apply to:
a. Police officers and their service animals during the official performance of their duties and while actively engaged in an emergency situation;
b. Handlers of search and rescue animals during the official performance of their duties; or
c. Persons with disabilities utilizing assistance animals. (1952 Code § 6-07-17)