7-12-051 Dangerous animals – Violations.

   (a)   Any owner who fails to comply with any of the requirements of Section 7-12-050, Section 7-12-052, or any additional orders of the Executive Director as authorized by those sections shall be punished by a fine of not less than $500.00 nor more than $1,000.00, plus impoundment of the animal. If the owner fails to make the animal available for impoundment or fails to come into compliance with the requirements or orders within 7 days after the impoundment of the animal, the owner shall be incarcerated for a term not to exceed six months and the animal shall become the property of the Department. In addition to the penalties set forth above, the Executive Director may order an owner who violates Section 7-12-050 to attend with the animal a course of animal obedience training approved by the Executive Director.

   (b)   Any animal which has been declared a dangerous animal and which (1) is seen outside and not confined within the enclosure required by Section 7-12-050(c)(1), and not muzzled and under control as required by Section 7-12-050(c)(2), or (2) thereafter attacks or injures a person or domestic animal, shall be impounded by an animal control officer or a police officer, at the owner's expense, and the Executive Director may order the owner to comply with any of the alternatives set forth in Section 7-12-050(c), including the euthanasia of the animal. If the owner fails to make the animal available for impoundment or fails to come into compliance with the requirements or orders within 7 days after the impoundment of the animal, the owner shall be incarcerated for a term not to exceed six months and the animal shall become the property of the Department. The owner shall be entitled to notice and an opportunity for a hearing in the same manner as provided in Section 7-12-050(d) and (e) above.

(Added Coun. J. 10-2-95, p. 8604; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 7; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 3)

7-12-052 Dangerous animals – Miscellaneous.

   (a)   Every owner of a dangerous animal shall allow inspection of the enclosure described in Section 7-12-050 by the Executive Director or his designee.

   (b)   All dangerous animals as defined in this chapter are hereby declared to be a public nuisance; provided that they are lawful if maintained in strict compliance with the requirements set out in Section 7-12-050(c).

   (c)   [Reserved.]

   (d)   When an animal has caused severe injury or death to any person, but it is not found to be a dangerous animal on the grounds that the attack was provoked, the Executive Director shall advise the owner to comply with the safety measures set forth in Section 7-12-050(c) in order to protect the public health, safety and welfare.

   (e)   In addition to any other license required under this chapter, the owner of any animal declared dangerous shall obtain a dangerous animal license within 10 days of the declaration that the animal is a dangerous animal; except that this provision shall not apply to the owner of any guard dog service that is licensed under Chapter 4-384 of this code. The owner shall pay an annual license fee of $100 for the privilege of owning the dangerous animal. The application for the license shall be made to the Executive Director.

(Added Coun. J. 10-2-95, p. 8604; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 8; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 4)

7-12-060 Redemption of impounded animals.

   (a)   Subject to the exceptions provided in subsections (b), (c), and (d), the Department, or any agency the Department may designate to take possession of animals for the purposes of impounding, shall hold impounded animals for a minimum of seven days, unless the owner redeems the animal sooner, during which time reasonable means shall be used to facilitate their return to the rightful owners. The owner of any animal impounded in any animal control center may, at any time during visiting hours at the animal control center, and before the sale or other disposal as provided in this chapter, redeem such animal by paying the required fees or charges and, in the case of an unlicensed animal, by complying with the license requirements. The seven-day holding period shall not apply to an animal relinquished by its owner to the Department under owner signature authorizing the Department to make immediate disposition of the animal at its discretion, nor shall any required holding period apply to an animal received for impounding in obviously critical physical condition or for which immediate euthanasia shall be deemed proper for humane reasons by the Executive Director or the Executive Director's designee.

   (b)   Any impounded animal of unknown ownership that remains unredeemed after three days shall be the property of the Department. The Executive Director may allow the adoption or transfer of any animal of unknown ownership after three days of impoundment, or any other disposition of the animal after five days of impoundment. In the event the Executive Director determines that an animal of unknown ownership suffers from severe behavioral issues, the Executive Director may allow any disposition of the animal after three days impoundment. Wild animals which are noxious by their very nature, such as wild rats and undomesticated rodents, may be euthanized at once following an examination for zoonotic diseases.

   (c)   The Executive Director may allow the immediate adoption, or immediate transfer to an animal shelter or similar facility, of: (1) any impounded cat of unknown ownership; and (2) any impounded litter of puppies aged four months or younger of unknown ownership, as well as their mother, if she is present. The Executive Director also may allow the immediate transfer or other disposition of any impounded unweaned neonate animal of unknown ownership.

   (d)   The Executive Director shall have the authority to adopt rules necessary for the administration of this section.

(Prior code § 98-3.3; Amend Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 11-12-14, p. 96630, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 9; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 5)

7-12-065 Redemption of dogs and cats.

   (a)   Except as provided elsewhere in this section, any dog or cat impounded under Sections 7-12-040(a), 7-12-080, or 7-12-290 shall, prior to the animal’s return to its owner:

      (1)   have a microchip implanted if it does not already have one;

      (2)   have a confirmed current rabies vaccination; and

      (3)   if the dog or cat is capable of reproduction, be sterilized.

   (b)   An owner may receive the animal without compliance with subsection (a)(1) or (3) if:

      (1)   The Executive Director determines that microchipping and/or sterilization would endanger the life or health of the animal, or

      (2)   The owner contests microchipping and/or sterilization within the stray hold period set forth in Section 7-12-060 by filing a written request for a hearing.

   (c)   An owner who redeems an animal pursuant to subsection (b)(1) shall, within thirty days of redeeming the animal, provide the Department with either:

      (1)   proof that the owner had the animal microchipped and/or sterilized; or

      (2)   a veterinarian’s certificate stating that the animal cannot be sterilized without endangering the life or health of the animal.

   (d)   If the owner requests a hearing pursuant to subsection (b)(2), the Department of Administrative Hearings shall appoint an administrative law officer, who shall hold a hearing, at which all interested parties may present testimony and any other relevant evidence, within 15 days of the request. If the administrative law officer upholds the Executive Director’s determination that the cat or dog is subject to the requirements of subsection (a), then the owner shall complete the ordered procedures and provide the Department with the documentation required in subsection (c) within thirty-five days after the administrative law officer’s order. If the owner appeals to the circuit court during that time period, the order to sterilize and implant a microchip in the animal shall be stayed until resolution of such appeal.

(Added Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 10; Amend Coun. J. 4-18-18, p. 75057, § 2)

7-12-070 Facilities to be used for impoundments.

   For purposes of impoundment, the Executive Director shall utilize: (i) an animal control center, (ii) a foster home, (iii) the facilities of any humane society properly equipped and willing to impound animals, or, (iv) if the animal shall be of a species that may be better or more safely impounded elsewhere, the Executive Director may designate an alternate facility that is properly equipped and willing to accept the animal.

(Prior code § 98-3.4; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 11; Amend Coun. J. 5-25-18, p. 77747, § 4)

7-12-080 Removal of neglected animal.

   (a)   Whenever the Executive Director shall determine: (1) that any animal is kept within a building or upon any premises without food, water, shelter, or proper care and attention for a period of time sufficient within his judgment to cause undue discomfort or suffering, and the owner cannot be located after reasonable search, or if the owner shall be known to be absent due to injury, illness, incarceration, eviction, or other involuntary circumstance; or (2) that any animal is kept at a residence under such conditions that endanger the public health, safety and welfare, or the safety and welfare of the animal, it shall be the duty of the Executive Director to obtain the necessary legal process to allow him or her to enter or to cause to have entered such building or premises to take possession and remove such animal to an animal control center or to a humane society or other appropriate agency equipped, able and willing to accept the animal.

   (b)   The animal control center, humane society or other authorized receiving agency shall exercise due caution for the welfare and temporary safekeeping of any animal so removed, in conformance with policies to be prescribed by the Department. After due notification to the owner, or, if the owner cannot be located or contacted after reasonable effort by the animal control center, humane society or other authorized receiving agency, any animal so removed and unredeemed shall become the property of the Department and disposed of under policies prescribed by the Department.

(Prior code § 98-4; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 12)

7-12-090 Owner's responsibility where animal has bitten another animal or person.

   (a)   It shall be the duty and responsibility of the owner of any animal which has bitten any other domestic animal or person to:

      (1)   notify the Executive Director of such bite within 24 hours of the bite;

      (2)   subject to subsection (b), confine such animal under the observation of a licensed veterinarian for a period of ten days beginning within 24 hours of the biting incident. If, however, a licensed veterinarian is presented evidence that such animal has been inoculated against rabies within the time prescribed by law prior to the biting, such animal shall be confined on the premises of its owner and in a manner which shall prohibit such animal from biting any other animal or person for a period of ten days; except that, where the animal bite has caused severe injury or death to a person, confinement on the owner's premises shall not be allowed.

   (b)   After notification by the owner pursuant to subsection (a)(1), the Executive Director may impound, at the owner's expense, any animal that has bitten any other animal or person to make a dangerous animal investigation pursuant to Section 7-12-050(f).

   (c)   In the event of severe injury or death to a person, the Executive Director shall impound the animal, at the owner's expense, as set forth above in Section 7-12-050(f). It further shall be the duty and responsibility of the owner to have such animal examined by a licensed veterinarian on the first and tenth day of impoundment or confinement or as soon thereafter as possible; provided, that the impoundment or confinement of the animal described above shall not be terminated until examination by a veterinarian.

   (d)   If an animal is to be impounded by the Executive Director pursuant to this section, the owner shall pay a $150.00 rabies observation fee to cover the cost of housing, food, veterinary services and any other service rendered to the animal. Prior to release of said animal, vaccination and license certificates must be presented to the Executive Director or the director's authorized representative.

   (e)   It shall be unlawful for the owner of any animal that has bitten any person to sell, euthanize, inoculate, or give away the animal or to permit or allow the animal to be taken beyond the limits of the city during the time period for rabies observation and a dangerous animal investigation.

   (f)   The owner of any animal impounded pursuant to this section shall pay all costs incurred by the Department for the housing, care and treatment of the animal. Any person who violates any other provision of this section shall be fined not less than $300.00 nor more than $500.00 for each offense, or may be incarcerated for a term not to exceed six months, or both.. Each day that a violation continues shall constitute a separate and distinct offense. In addition to any fine or incarceration that may be imposed by this section, if the owner fails to make the animal available for impoundment, the animal shall become the property of the Department.

(Prior code § 98-5; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 3-31-04, p. 20916, § 3.26; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 13)

7-12-100 Excessive animal noise – Prohibited.

   It shall be unlawful for any person who owns, controls, has possession of or is charged with the responsibility for caring for any dog or other animal to allow such animal to make excessive noise in a manner that unnecessarily disturbs the comfort, quiet, peace or repose of any other person in the vicinity, at any time of the day or night. Any person who violates this section shall be fined not less than $50.00 nor more than $250.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   A citation for a violation of this section may be issued based on either: (1) personal observation of a violation by any city officer or employee charged with enforcement of this section; or (2) a complaint alleging a violation of this section, signed and sworn to by residents of three different addresses, and specifying the date and time of the violation.

   For purposes of this section, the term "excessive noise" means any continued, repeated or habitual barking, whining, crying, howling, whimpering, crowing, or loud noise common to an animal's species that exceeds ten consecutive minutes in duration or occurs intermittently for a significant portion of the day or night, that is louder than average conversational level at a distance of 100 feet or more.

   For purposes of this section, the term "any other person" means a reasonable person with ordinary sensibilities.

(Added Coun. J. 10-7-09, p. 72725, § 1)

Editor's note – Coun. J. 12-1-04, p. 36205, § 1, repealed former § 7-12-100, which pertained to animals for medical research.

7-12-110 Transfer of City-owned animals.

   (a)   The Department shall designate, and the Executive Director shall cause to have posted or published, the day or days of each week and the hours when City-owned animals shall be offered: (i) to the public for adoption; (ii) for foster care; or (iii) for transfer to a humane society.

   (b)   Any City-owned dog or cat, as necessary, shall be sterilized, vaccinated, and microchipped prior to transfer for adoption.

   (c)   The Executive Director shall promulgate rules regarding qualifications for adoptive owners, foster homes, and humane societies to receive animals transferred by the Department, including inoculation and enforcement of neutering and spaying requirements for all dogs and cats.

(Prior code § 98-7; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 14; Amend Coun. J. 5-25-18, p. 77747, § 5)