(A) Vaccination and License Required. Any person in possession of a dog or cat that is more than four months old shall: (i) have the dog or cat vaccinated against rabies not less often than every 12 months, (ii) present a certificate from a veterinarian certifying such vaccination to the police department, (iii) obtain a license for keeping the dog or cat in the city from the police department and (iv) renew the license annually prior to its expiration. A person commits an offense if they fail to comply with the provisions of this subsection.
(B) Criteria for the Issuance of a License. Any person who applies for a license (an "Applicant") must satisfy all of the following criteria before a license will be issued:
(1) Certificate of Veterinarian. The Applicant must present a written certificate from a veterinarian certifying that the dog or cat has been vaccinated against rabies within the 12 month period preceding the date the certificate is presented.
(2) Written Application. The Applicant must complete a written application which will be prepared and revised, from time to time, by the Chief of Police or his designee. Among other things, the application shall require the Applicant to certify: (i) that the Applicant is qualified for the issuance of a license (including the criteria regarding prior convictions and that no grounds for revocation of a license exist) and (ii) that all information in the application is complete and accurate.
(3) No Prior Convictions of Certain Offenses or Revocation of a License. Applicant shall not have been convicted of any offense under this chapter or any law relating to animals, protection of animals or the keeping of dangerous animals within one year from the date the application is submitted nor shall the Applicant have had a license revoked under this chapter within one year from the date the application is submitted.
(4) No Grounds for Revocation of License Exist. No facts or circumstances exist which would provide grounds for revocation of the license under this chapter, pursuant to division (D), at or prior to the time the license is issued.
(5) Payment of License Fee. Applicant has paid the license fee then required by the city. The license fee shall be established by the Chief of Police, from time to time, with the concurrence of the City Manager.
(6) Competent Adult. Applicant shall be a competent adult.
(C) Expiration of License. Upon satisfaction of the above criteria, the city shall issue a license to the Applicant. A license will expire on the date the rabies vaccination described in the certificate of the dog or cat's vaccination expires.
(D) Revocation of License.
(1) Grounds. A license may be revoked upon a finding that any of the following grounds exist:
(a) Non Compliance with this Chapter or Other Laws Relating to Animals. The person to whom the license was issued (the "Licensee") refuses or fails to comply with any of the provisions of this chapter or any law governing the protection of animals or any law governing dangerous animals; regardless of whether any such acts or omissions have resulted in a final conviction.
(b) Multiple Impoundments. The dog or cat in question has been impounded by the city three or more times during any consecutive twelve month period within three years from the date notice of intention to revoke license is sent by the city to the Licensee.
(c) Two or More Convictions. The Licensee has two or more final convictions of any offense under this chapter or any law relating to animals, protection of animals or the keeping of dangerous animals within three years of the date the notice of intention to revoke license is sent by the city to the Licensee.
(d) Dog or Cat Determined to be Dangerous. The dog or cat has been determined to be a dangerous animal under state law.
(2) Procedure.
(a) Notice. The animal control officer shall give written notice of his or her intention to revoke the license for a dog or cat in the manner specified in § 91.31 of this code.
(b) Hearing. An administrative hearing shall be held before the Chief of Police to determine if grounds for revocation of the license exist. The date, time and place for the hearing shall be designated by the Chief of Police and included in the notice. The hearing shall be on a date not less than seven days from the date the notice of intention to revoke license is sent to the Licensee. If the Chief of Police determines that grounds exist to revoke the license, pursuant to division (D)(1), the license shall be revoked by the Chief of Police. The ruling or decision of the Chief of Police shall be noted on the license records of the city or by a letter or other appropriate memoranda selected by the Chief which will be kept with the license records of the city. All determinations by the Chief of Police under division (D)(2)(b) shall be final.
(3) Disposition of the Dog or Cat Following License
Revocation.
(a) Surrender or Removal of Dog or Cat. Except as provided below for a dog or cat running at large, pursuant to division (D)(3)(d), upon a determination that grounds to revoke a license for a dog or cat do exist, the Licensee shall, within 24 hours of the time the hearing adjourns, either: (i) surrender possession of the dog or cat to the animal control officer or (ii) permanently remove the dog or cat from the city limits of the city and provide proof of such removal to the animal control officer. A person commits an offense if they fail to comply with the provisions of division (D)(3)(a).
(b) Proof of Removal of Dog or Cat. Proof of removal of a dog or cat from the city, in compliance with division (D)(3)(a), may be shown by: (i) a written receipt signed by an individual who is not a resident of the city, acknowledging that such individual is in possession of the dog or cat, stating such individual's address outside of the city and a phone number where such individual can be reached to verify their possession of the dog or cat and (ii) the agreement by the person whose license has been revoked to permit the animal control officer to inspect the premises where the dog or cat was kept to verify its removal.
(c) Transfer of Dog or Cat to Another Who Obtains a License. A person in possession of a dog or cat for which the license has been revoked shall be relieved of the duty to surrender or remove the dog or cat, in accordance with division (D)(3)(a), if such person transfers possession and ownership of the dog or cat to another person who is eligible to obtain a license and such other person does obtain a license within 24 hours of the time the hearing adjourns.
(d) Dog or Cat Running at Large. If the dog or cat the subject of the hearing is running at large the animal control officer shall take immediate steps to impound the dog or cat.
(4) Disposition of a Dog or Cat in the Possession of the City Following License Revocation.
(a) Applicability. This subsection does not apply to any dog or cat that is removed from the city or transferred to another person following revocation of its license in strict compliance with divisions (D)(3)(a) and (D)(3)(b) or (D)(3)(c).
(b) Dog or Cat Surrendered. If a dog or cat whose license has been revoked is surrendered to the animal control officer following the revocation hearing, such dog or cat shall be disposed of in accordance with § 91.32 of this code without further notice to the former Licensee.
(c) Dog or Cat Running at Large. If the license for a dog or cat has been revoked as a result of a hearing under this section and the dog or cat is running at large, the person in possession of the dog or cat may, at the conclusion of the hearing, provide the animal control officer with an address and telephone number where such person can be reached at all times. If such person will be away from such address or phone number for more than 12 hours, such person shall advise the animal control officer of such other address or phone number where they can be contacted. Once the dog or cat is captured by the animal control officer, the animal control officer will contact such person and provide them with an opportunity to: (i) remove the dog or cat from the city, in compliance with division (D)(3)(a), or (ii) transfer the dog or cat to another person who obtains a license, in accordance with division (D)(3)(c). Such removal or transfer of the dog or cat must be accomplished within 24 hours of the time the animal control officer gives notice that the dog or cat has been captured. This time period will not be extended if the person requesting notice is not available to receive the notice at the address or telephone number provided the animal control officer. The animal control officer shall not surrender possession of the dog or cat to the person previously in possession of same. The animal control officer will only surrender possession of the dog or cat to the person who is not a resident of the city who will remove the dog or cat from the city or to the person who has obtained a license for the dog or cat. If the dog or cat is not removed from the city or transferred to another person who obtains a license (in strict compliance with this division) the animal control officer shall dispose of the dog or cat in accordance with § 91.32 of this code
(d) Dog or Cat Not Surrendered and Not Running at Large. If the license for a dog or cat is revoked and the dog or cat is not surrendered and is not running at large, the animal control officer shall proceed to capture the dog or cat by all lawful means and shall thereafter dispose of the animal in accordance with § 91.32 of this code without further notice to the person in possession of the dog or cat.
(5) Interfering with Apprehension of a Dog or Cat Whose License is Revoked. A person commits an offense if the person: (i) fails to surrender to the animal control officer a dog or cat whose license has been revoked as required by division (D)(3)(a), (ii) conceals the location of a dog or cat whose license has been revoked, or (iii) hinders the apprehension of a dog or cat whose license has been revoked.
(Ord. 562, passed 9-21-98; Am. Ord. 607, passed 12-18-00; Am. Ord. 638, passed 6-17-02)