§ 90.02  DOGS AS NUISANCES.
   (A)   Definitions. For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
      ANIMAL CONTROL OFFICER. The Animal Control Officer shall be appointed by the Council to perform all duties necessary to accomplish the enforcement of this chapter. Until an ANIMAL CONTROL OFFICER is designated by the Council, the Clerk and each member of the Council are each deemed to have the authority and responsibility of enforce the provisions of this chapter.
      AT LARGE. When running at will beyond the control or call, acting on its own initiative without connection, physical or sympathetic, with its master.
      CONFINED. Restriction of an animal at all times by the owner, or her or his agent, to an escape-proof building or other enclosure away from other animals and the public, or on a leash properly anchored and of sufficient strength to prevent the dog leashed from freeing itself.
      OWNER. Any person owning, harboring, or keeping a dog or allowing at dog to be on his or her premises.
      PUBLIC NUISANCES. The following are hereby declared public nuisances:
         (a)   The keeping of dogs disposed to unreasonable barking;
         (b)   The keeping of a dog which trespasses upon the private property of others;
         (c)   A dog which attacks other animals;
         (d)   Soiling, defiling, or defecating by dog(s) on private property not the dog owner’s property or public property;
         (e)   A dog which molests passersby or passing vehicles;
         (f)   The keeping of a dog by an owner, as herein defined, in the city without the dog having the necessary innoculations as subscribed elsewhere in this chapter; and
         (g)   The violation of any provision of this chapter.
      UNREASONABLE BARKING. The written complaint of five or more persons, residents of the city, alleging that the barking of a dog or dogs is unreasonable shall be deemed prima facie evidence of UNREASONABLE BARKING, but a lesser number or a single complaint shall be adequate basis for prosecution.
      VICIOUS DOG. A dog constituting a physical threat to human beings or other animals. The fact of a dog’s biting any person shall be deemed prima facie evidence of viciousness.
   (B)   Innoculations required. No person shall keep any dog over six months of age within the city limits unless the dog has received the necessary rabies innoculation and is fitted with a collar to which a metal tag is attached and worn at all times by the dog evidencing the fact that the dog has had the necessary rabies innoculation.
   (C)   Enforcement.
      (1)   In instances where violations of this code are repetitive, the Council may utilize injunctive relief or action in abatement.
      (2)   In the event a dog is found to be running-at-large, is believed to be vicious, is maintained without having appropriate rabies innoculatlons or otherwise under circumstances constituting a nuisance as herein defined, or is abandoned, the Animal Control Officer, or other appropriate official as hereinbefore defined, may cause the offending dog to be placed in a pound. The owner, if known, shall be notified and be afforded an opportunity to claim the dog which shall be turned over to the owner, but as a prerequisite thereto, the owner shall pay all reasonable impoundment costs and shall cause the dog to be in compliance or provide reasonable assurance to the satisfaction of the Animal Control Officer or other officer that this has been accomplished prior to releasing the dog to the owner. If the owner feels aggrieved by the action taken, he or she may request hearing before the Council, and if a hearing is not requested within ten days of the date notice is given and if the dog is not released from impoundment in accordance with the terms of this code within the ten-day period, the dog may be destroyed or other disposition thereof made. The city shall have a cause of action for the full amount of all reasonable charges necessarily incurred in the enforcement of this chapter, including circumstances where expenses are incurred in making disposition with regard to abandoned dogs.
(Prior Code Ch. 5, § 2)