(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL SHELTER. Any premises designated by the Commission for the purpose of impounding and caring for dogs, cats or any other domesticated animals or pets held under the authority of this section.
ANIMALS. Includes a dog, cat or any other domestic or household animal or pet that can be purchased from a licensed or authorized pet dealer or breeder.
KENNEL. Any person engaged in the business of breeding, buying, selling or boarding dogs, cats or any other domesticated animals or pets; provided that the person customarily owns or boards more than five dogs, cats or any other domesticated animals or pets over six months of age.
OFFICER. Any law enforcement officer of the city and persons designated by the city to assist in the enforcement of this section.
OWNER. Any person owning, harboring or keeping a dog or dogs, cat or cats, or any other domesticated animals or pets.
RUNNING AT LARGE. A dog, cat or any other domesticated animal or pet shall be deemed to be running at large if it is not on the premises of its owner or if not accompanied by a responsible person and under that person’s effective control.
(B) License required.
(1) It is a petty misdemeanor for any person to own, keep, harbor or have custody of any dog over six months of age without first obtaining a license therefor from the City Administrator. Applications for license shall be made on forms prescribed by the City Administrator, which forms shall set forth:
(a) The name and address of the owner;
(b) The name and address of the person making application, if other than the owner; and
(c) The breed, sex and age of the dog for which license is sought.
(2) No license shall be issued to any person other than the owner except upon the written request of the owner. All dogs required to be licensed shall wear a collar and have a tag firmly affixed thereon evidencing the license of the current year.
(C) Requirement for license.
(1) A license shall be valid for a period of one year commencing January 1 and expiring December 31 of the year issued; and, except as hereinafter provided, shall be issued only upon payment to the City Administrator of the annual fee adopted by the resolution of the Commission.
(2) Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies with the time hereinafter specified.
(3) No license shall be granted for a dog which has not been vaccinated against rabies as provided in this division (C) on such a date of the vaccination to the time of the expiration of the license to be issued, or such lesser time as may be necessary to ensure that the vaccination remains effective throughout the license period. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated.
(D) Running at large prohibited. It shall be unlawful for the dog or cat of any person who owns, harbors or keeps a dog or cat, to run at large. A person, who owns, harbors or keeps a dog or cat which runs at large shall be guilty of a misdemeanor. Dogs or cats on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person, so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the city has posted an area with signs reading “Dogs or Cats Prohibited”.
(E) Impoundment. Animals creating a nuisance or running at large may be taken by any officer as hereinbefore defined and impounded in an animal shelter and there confined in a humane manner. Impounded animals shall be kept for not less than five regular business days, not including Saturday, Sunday or legal holidays, unless reclaimed prior to that time by their owner as provided hereafter.
(F) Notice of impoundment.
(1) Upon taking up and impounding any animal, the Poundmaster shall within one day thereafter post in the City Hall a notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING ANIMAL
Date _______________________
I have this day taken up and impounded in the City of Glenwood a (dog) (cat) (other __________) answering the following description: Sex ___
Color ________ Breed ___________ Approximate Age __________
Name of Owner _______________________
Notice is hereby given that unless the animal is claimed and redeemed on or before ________ o’clock __.M, on the _______ day of _____________, 20____, the same will be killed or placed for adoption with the Pope County Humane Society, Inc., as provided by Ordinance.
Signed:
__________________________________________
Poundmaster
(2) If the owner of the animal be known, written notice of impounding, in lieu of posted notice, shall be given to the owner thereof, either by mail or personal service. The date of killing or placement for adoption of the animal shall be the sixth day after the posting or giving of the notice unless that date falls on a Saturday, Sunday or holiday, in which case it shall be the following day.
(G) Redemption. Any animal may be reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the City Administrator of the license fee (if required and not paid for the current year) with the impounding fee plus an amount established by resolution of the Commission, for each day or fraction of a day that the animal has been confined as the cost of boarding. Notwithstanding this section, the owner shall remain subject to all other penalties contained in this section.
(H) Disposition of unclaimed animals. Any animal which is not claimed as provided in division (F) above, within five regular business days after impounding, shall be painlessly killed and disposed of by the Poundmaster. As an alternative to the killing and disposal of the animal, the Poundmaster may transfer the animal to the Pope County Humane Society, Inc., or its successor for adoption.
(I) Permissible return of animals running at large. Notwithstanding the provisions of division (E) above, if an animal is found running at large and its owner can be identified and located, the animal need not be impounded, but may, at the discretion of the officer, be taken to the owner. In that case, however, proceedings may be taken against the owner for violation of this section.
(J) Confinement of certain animals. Every female animal in heat shall be confined in a building or other secure enclosure; in a manner that the female animal cannot come into contact with another animal, except for planned breeding.
(K) Owner obligation for proper care. It is a misdemeanor for any owner to fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. It is a misdemeanor for any person to beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any animal fight. It is a misdemeanor for any owner of an animal to intentionally abandon the animal. Any owner that intentionally abandons an animal is guilty of a misdemeanor. In addition, the owner shall pay all reasonable costs incurred by the city in disposing of the animal.
(L) Quarantine of certain animals. Any animal which bites a person shall be quarantined for such time as may be directed by the Health Officer. During quarantine the animal shall be securely confined and kept from contact with any other animal. At the discretion of the Health Officer, the quarantine may be on the premises of the owner; however, if the Health Officer requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his or her own expense, place it in a veterinary hospital.
(M) Proceedings for destruction of certain animals.
(1) Upon sworn complaint to a court of proper jurisdiction that any one of the following facts exist that any animal at any time, the presiding officer of the court shall issue a summons directed to the owner of the animal commanding him or her to appear before the court to show cause why the animal should not be seized by any police officer, or otherwise disposed of in the manner authorized in this section. The summons shall be returnable not less than two, nor more than six days from the date thereof and shall be served at least two days before the time of appearance mentioned therein:
(a) Has destroyed or damaged property or habitually trespasses in a damaging manner on the property of persons other than the owner;
(b) Has attacked or bitten a person or other animal outside the owner’s or custodian’s premises;
(c) Is vicious or shows vicious habits or molests pedestrians or other animals or interferes with vehicles on the public streets or highways;
(d) Is a nuisance as heretofore defined; or
(e) Is running at large in violation of this section.
(2) Upon the hearing and finding the facts true as complained of, the court may either order the animal killed at owner’s expense or order the owner or custodian to remove it from the city, or may order the owner or custodian to keep it confined to a designated place.
(3) If the owner or custodian violates the order, any officer may impound any animal described in the order. The provisions of this division (M) are in addition to and supplemental to other provisions of this section. Costs of the proceeding specified by this division (M) shall be assessed against the owner or custodian of the animal, if the facts in the complaint are found to be true; or to the complainant, if the facts are found to be untrue.
(N) Summary destruction of certain animals. Whenever an officer has reasonable cause to believe that a particular animal presents a clear and immediate danger to residents of the city because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound the animal, may summarily destroy the animal. When any unattended animal shall be injured or diseased, it shall be impounded. In the event that the capture of the animal cannot be effectuated, the animal may be destroyed.
(O) Appointment of officers. The Commission may from time to time appoint those persons as may be necessary to assist the police officers of the city in the enforcement of this section. Those persons shall have police powers insofar as is necessary to enforce this section, and no person shall interfere with, hinder or molest them in the exercise of those powers. It is a petty misdemeanor for any person to refuse upon official inquiry to show or exhibit, at any reasonable time, any animal in his or her possession or custody.
(P) Nonresidents. The divisions of this section requiring a license shall not apply to nonresidents of the city, provided that dogs of the owners shall not be kept in the city longer than 30 days without a license and shall be kept under restraint.
(Ord. 113, passed 3-11-2014)