All animals shall be kept under restraint.
A. No owner or custodian shall fail to exercise proper care and control of his/her animals to prevent them from becoming a public nuisance. The owner or custodian of such animal shall, immediately after the animal passes excreta, remove such excreta and appropriately dispose of the same.
B. Every female animal in heat shall be confined in a building or secure enclosure in such a manner that the female animal cannot come into contact with another animal not for planned breeding.
C. Every vicious animal, as determined by the licensing authority, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged and under full control of a competent person whenever off the premises of its owner. After an animal has been declared vicious, the owner of the dog shall be notified accordingly in writing by law enforcement, animal control officer or designee. The written notification shall also include any containment procedures or facilities deemed necessary by law enforcement, animal control officer or designee to control the animal which may include, but necessarily be limited to, muzzling, chaining, double fencing, or caging. Any animal that has been declared vicious by the procedures set forth in this section that is subsequently found off the premises of the owner or if law enforcement, animal control officer or designee determines that a violation of the written containment notice has occurred, law enforcement, animal control officer or designee shall immediately seize and impound the dog. If the dog cannot be captured without undue risk to the safety of law enforcement, animal control officer or designee, it may be immediately destroyed in a manner whereby the head is not damaged. If the dog has been seen running at large and/or has bitten a person or animal, law enforcement, animal control officer or designee may order the owner or custodian to deliver the dog to the animal control center within twenty-four (24) hours to be impounded.
D. If any dangerous, fierce or vicious animal is found at large and cannot be safely taken up and impounded, such animal may be slain by any officer or agent. Proof of the fact that such animal has attacked or bitten any person or animal at any place where such person or animal is legally entitled to be shall be evidence that such animal is vicious, fierce and dangerous within the meaning of this chapter.
E. Any animal attacking any person or persons, or clothing of the persons, in a vicious manner, may be destroyed immediately to protect the safety of that person or persons. Should the animal not be destroyed, and the owner or custodian of the animal is located, the owner may be fined in accordance with ordinances governing the endangering of safety.
F. No person may allow an animal under their control to make loud noises to the great discomfort of the peace and quiet in such continuous manner as to materially disturb or annoy persons who are of ordinary sensibilities. Upon notice to the owner if the problem is not resolved, a criminal summons may be issued, or a fine imposed of thirty dollars ($30.00) for the first offense.
G. It is unlawful to allow any animal to be at large upon property other than the property owned or occupied by the owner of such animal unless under the control of a competent person. Any law enforcement, or animal control officer or designee is authorized, empowered and directed to impound any such animal running at large in violation of the provisions of this section. A fine may be issued to an owner if it is not possible to capture the animal and impound it by law enforcement, animal control officer, or designee. All fines are to be paid to the licensing authority and its agents within seventy-two (72) hours following the issuance of such penalty; failure to do so will result in criminal summons being issued. An owner of an unlicensed animal shall have seventy-two (72) hours in which to license his or her animal after receiving such notice. Failure to do so may result in the issuance of criminal summons.
H. An officer or duly appointed person may enter upon private property to capture any animal found running at large thereon when the animal is not the property of the owner or occupant of the land.
I. Immediately upon impounding any animal, law enforcement, animal control officer or designee shall make every possible effort to notify the owner of such animal and inform them of the conditions whereby they may regain possession of the animal. Any animal, whether unlicenced or licensed, which is captured while in violation of this chapter shall be impounded in the animal control center. All licensed or unlicensed animals may be held for a period of three (3) days, after which time animals not claimed by their owners may be placed for adoption, or may be humanely destroyed by trained, authorized personnel, i.e. veterinarian.
J. Any owner reclaiming an animal must pay an impoundment fee per day for each day the animal has been impounded as agreed upon by Custer City and law enforcement or the animal control officer and any veterinarian service fees. Any animal impounded and subsequently returned to its owner shall be implanted with a microchip prior to its release from the animal shelter and the owner of the animal shall be responsible for paying and cost incurred prior to the animal’s release. If a dog is unlicensed, the owner must, prior to the release of the dog from the animal control center, purchase a license tag. At the time of release, the owner shall also present a valid rabies certificate to law enforcement, animal control officer or designee. If a valid rabies certificate cannot be made available, the owner may be subject to a fine of twenty-five dollars ($25.00) and must then obtain the rabies vaccination within seventy-two (72) hours of release of the dog or show evidence that an appointment has been made to get the vaccine. In the event the animal has not been vaccinated for rabies within seventy-two (72) hours after the release or at the time an appointment had been made, the owner or custodian may be subject to a fine of twenty-five dollars ($25.00).
K. Any person finding any animal upon his property to his injury or annoyance may take up same and shall contact law enforcement, animal control officer or designee for removal to any private or public animal shelter or pound that will take possession of it.
L. No person shall permit any wild, feral, or vicious animals of any type to remain upon property owned, or occupied, by the person within the city.
M. The sole exception to this prohibition is a guard dog that is professionally trained, and fully controlled by voice command, or a dog that is enclosed within a pen so that it is inaccessible to children or other pets. (Ord. 749, 2014; Ord. 640 (part), 2007; Ord. 636 (part), 2006)