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(A) It shall be a civil offense for any person to knowingly or negligently permit any dog owned by him or her or under his or her control to run at large within the corporate limits. A dog shall be deemed to be running at large when it goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
(B) (1) Any animal, found running at large or otherwise being kept in violation of this chapter may be sized by any Animal Control Officer and/or police officer and confined in an animal shelter provided or designated. If the animal is properly identifiable, or the owner is known, he or she shall be given notice in person, by telephone or by written notice that their animal has been seized by Animal Control and they will have five days to collect said animal and pay any associated fees for capture and or boarding.
(2) If the animal is not identifiable the animal will be taken delivered to the local animal shelter and placed for adoption and or humanely euthanized based on its health condition.
(1994 Code, § 10-203) (Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993; Ord. 750, passed 12-16-2013; Ord. 846, passed 12-16-2019) Penalty, see § 90.99
(A) (1) It shall be a civil offense for any person to own or keep any dog known to be vicious or dangerous unless such dog is so confined and/or otherwise securely restrained as to reasonably provide for the protection of other animals and persons.
(2) (a) If a dog or cat attacks a person by biting or in any manner causing injury or habitually or repeatedly attacks livestock or other domestic animals without provocation, it shall be prima facie evidence that the dog or cat is vicious and said animal will be removed from its location and held for a period of no less than ten days for quarantine.
(b) Any animals deemed vicious will not be returned to the corporate limits of the city. Owner will have opportunity to rehome animal outside of the city limits with providing verifiable proof that the new location/owner is not within city liraits, that the new owner is aware of the animals traits to be vicious, and with the understanding that the animal will not be returned to the city limits. If owner cannot rehome animal it will be delivered to local animal shelter for euthanasia.
(3) If notification by the Animal Control Officer is given to an owner or deemed owner of a canine or feline that it has been viewed as potentially vicious, has not bitten or harmed a person and/or other animal but has shown traits that it could be vicious, the owner or keeper of such dog or cat shall keep the same chained or muzzled, or in a secure enclosure at all times, or have it humanely destroyed.
(B) (1) Any person who receives such a notice of a vicious animal shall have the right to appeal this decision to the City Manager.
(2) Appeals are to be made in writing to the attention of the City Manager.
(3) The City Manager or his or her representative shall, upon such appeal, conduct a hearing within ten days to determine if the animal is vicious. If the animal is judged not to be vicious, it may be returned to the owner.
(4) In the event of an appeal to the courts from the City Manager’s or his or her representative’s decision, pending the appeal, the dog or cat shall be confined at the animal shelter or with a veterinarian, the cost of which shall be borne by the owner.
(1994 Code, § 10-204) (Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993; Ord. 846, passed 12-16-2019) Penalty, see § 90.99
It shall be a civil offense for any person to keep or harbor any dog which, by loud and frequent barking, whining or howling, disturbs the peace and quiet of any neighborhood.
(1994 Code, § 10-205) (Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993) Penalty, see § 90.99
(A) The actions of a dog or cat constitute a nuisance when a dog or cat disturbs the rights of, threatens the safety of or damages the property of or injures the person or a member of the general public or interferes with the ordinary use and enjoyment of his or her property.
(B) It shall be a civil offense for any person to own, keep, possess or maintain a dog or cat in such a manner as to constitute a public nuisance. By way of example and not a limitation, the following acts or actions by an owner or possessor of an animal are hereby declared to be a public nuisance and, therefore, unlawful:
(1) Failure to exercise sufficient restraint necessary to control a dog or cat;
(2) Allowing or permitting a dog or cat to damage the property of any one other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, shrubs, lawns, flowers or vegetables;
(3) Maintain a vicious dog or cat (see § 90.28 of this chapter);
(4) Maintaining dogs or cats in a unsanitary environment which results in offensive odors or is dangerous to the animal or the public health, welfare or safety;
(5) Maintaining property in a manner that is offensive, annoying or dangerous to the public health, safety or welfare because of the number, type, variety, density or location of the dogs or cats on the property;
(6) Maintaining a dog or cat that is diseased or dangerous to the public health;
(7) Maintaining a dog or cat that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, bicycles or vehicles; and/or
(8) Failure to confine a female dog while in heat for 24 days in a building or secure enclosure in such a manner that she will not be in contact with another dog, or create a nuisance by attracting other dogs. This division (B)(8) shall not be construed to prohibit the intentional breeding of dogs within an enclosed area on the premises of the owner of the dog which is being bred.
(1994 Code, § 10-206) (Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993) Penalty, see § 90.99
It shall be the duty of any person owning, maintaining or harboring any dog or cat to maintain close personal supervision of said animal and ignorance of the habits or character of the dog or cat on the part of such person shall be no defense in actions arising under this chapter.
(1994 Code, § 10-207) (Ord. 409, passed 2-24-1986)
(A) Impoundment of animals running at large.
(1) It shall be the duty of the Animal Control Officer or his or her duly authorized representative to apprehend any animal found running at large contrary to the provisions of this chapter and impound such animal in the city animal shelter.
(2) The owner of an impounded animal shall be notified to appear within seven days from the date of notice to the owner, to redeem the animal by payment of the required fees. DAYS are defined as days the animal shelter is open. All provisions of this section may be included in the contract with a veterinarian for operation of a dog pound.
(3) Any animal not claimed within the times provided may be either destroyed or sold.
(4) The impoundment of an animal under this section shall not relieve the owner thereof from prosecution for permitting such animal to run at large in violation of § 90.27 of this chapter.
(5) In addition to, or in lieu of, apprehending and impounding an animal found at large, the animal control officer, upon determining the owner, may return the animal to the owner and issue a summons requiring the owner to appear in city court for determination of whether or not there has been a violation within the meaning of § 90.27 of this chapter.
(1994 Code, § 10-209)
(B) Impoundment and other fees in connection with animal shelter.
(1) The City Manager is directed to establish fees for the apprehension of any animals running at large, for the impoundment of animals at the city animal shelter, for the redemption of animals impounded under the provisions of this chapter, and for the disposal of animals which are to be adopted by new owners. The City Manager may set different fees for different sizes, sexes and kinds of animals and different fees for registered and unregistered animals. Such fees, in all events, shall be sufficient for the city to recover its costs incurred in the administration of this chapter.
(2) Before any fee authorized by this section shall be levied or amended, it must be published in a local newspaper of general circulation at least five days before it shall become effective.
(1994 Code, § 10-210)
(Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993)
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