§ 90.30 NUISANCE DEFINED: ACTIONS CONSTITUTING A NUISANCE.

   (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

§ 90.31 IGNORANCE OF DOG’S OR CAT’S HABITS NO DEFENSE.

   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)

§ 90.32 POUND TO BE PROVIDED.

   The City Manager shall establish a dog pound for keeping impounded dogs. The pound may be operated directly by the city or it may be operated by a veterinarian or other suitable person under a contract with the city.

(1994 Code, § 10-208) (Ord. 409, passed 2-24-1986)

§ 90.33 IMPOUNDMENT.

   (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)

§ 90.34 DISPOSITION OF FEES, CIVIL PENALTIES AND THE LIKE.

   All funds collected under the provisions of this chapter, including license fees, redemption charges and civil penalties shall be paid into the General Fund of the city.

(1994 Code, § 10-211) (Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993)

PIT BULLS

§ 90.45 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   IMPOUNDMENT. The taking or picking up and confining of an animal by any police officer, animal control officer or any other public officer under the provisions of this subchapter.

   MUZZLE. A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

   OWNER. Any person, partnership, corporation or other legal entity owning, harboring or possessing any pit bull, or in the case of a person under the age of 18, that person’s parent or legal guardian. A pit bull shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.

   PIT BULL. Any of the following dogs:

      (1)   The bull terrier breed of dog;

      (2)   The Staffordshire bull terrier breed of dog;

      (3)   The American pit bull terrier breed of dog;

      (4)   The American Staffordshire terrier breed of dog;

      (5)   Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bull, pit bull dogs or pit bull terriers; and

      (6)   Any dog which has the appearance and characteristics of being predominantly of the breeds of dogs known as bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, and any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.

   PREDOMINANTLY. Knowledge through identification procedures or otherwise, or admission by owner, keeper or harborer, that the dog is more than 50% pit bull. PREDOMINANTLY also means that the dog exhibits the physical characteristics of a pit bull more than that of any other breed of dog.

   SANITARY CONDITION. A condition of good order and cleanliness to minimize the possibility of disease transmission.

   UNDER RESTRAINT. The dog is secured by a leash, led under the control of a person physically capable of restraining the dog and obedient to that person’s commands, or securely enclosed within the real property limits of the owner’s premises.

(Ord. 732, passed 10-22-2012)