CHAPTER 5
PROHIBITED ACTS AND ACTIVITIES
SECTION:
6.05.101: Harboring Stray Dogs
6.05.102: Animals Running At Large
6.05.103: Tethering
6.05.104: Female Dogs In Heat
6.05.105: Places Prohibited To Animals
6.05.106: Attacking Dogs
6.05.107: Vicious Animals
6.05.108: Animal Waste Disposal
6.05.109: Carcass Disposal
6.05.110: Cruelty To Animals
6.05.111: Dogs And Cats Disturbing Neighborhood
6.05.101: HARBORING STRAY DOGS:
It shall be unlawful for any person, except an animal shelter, to harbor or keep any lost, abandoned or strayed dog. Whenever any dog shall be found which appears to be lost, abandoned or strayed, it shall be the duty of the finder, within forty eight (48) hours, to either return the dog to its owner, if known, or to notify the division so the dog can be impounded as provided in this title. (Ord. 2010-07, 2010)
6.05.102: ANIMALS RUNNING AT LARGE:
It shall be unlawful for the owner or custodian of any animal to allow such animal to run at large. The owner or person charged with responsibility for an animal found running at large shall be strictly liable for a violation of this section regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not he knows that the animal is running at large. (Ord. 2010-07, 2010)
6.05.103: TETHERING:
   (1)   Tethering may be allowed up to a maximum of ten (10) hours per day with adequate food, water and shelter from extreme temperatures (cold or hot).
   (2)   It shall be unlawful for any person to chain, stake out or tether any animal in such a manner that may be dangerous to the animal or that would allow the animal to go beyond the owner's property line. (Ord. 2010-07, 2010)
6.05.104: FEMALE DOGS IN HEAT:
It shall be unlawful for the custodian of any female dog in heat to fail to confine such dog in a secure enclosure so as to prevent it from coming into contact with other dogs and creating a nuisance, except for planned breeding. (Ord. 2010-07, 2010)
6.05.105: PLACES PROHIBITED TO ANIMALS:
It shall be unlawful for any person to take or permit any animal in or about any establishment or place of business where food or food products are sold or displayed, regardless of how the animal may be restrained, except for seeing eye dogs, hearing dogs and dogs assisting governmental officials. (Ord. 2010-07, 2010)
6.05.106: ATTACKING DOGS:
   (1)   It shall be unlawful for the owner or custodian of any dog to allow the dog to attack, bite or chase any person, any domesticated animal or any domestic fowl. The killing of a dog by any person while the dog is engaged in any act prohibited by this subsection, if reasonably necessary to stop the dog's actions, shall not be a violation of any other provision of this title, provided such killing in no way endangers another's safety or property.
   (2)   When there have been two (2) reported attacks by the same dog, a review panel will be convened where the dog may be deemed vicious. Regardless of number of bites, a review panel may be convened on a case by case basis as determined by the director. The officer may impound the dog pending a final determination and shall give written notice to the owner that the dog may be euthanized.
      (a)   The offending dog's actions shall be scrutinized by the review panel.
      (b)   After review by the review panel the director shall render a final decision whether or not the dog has been determined to be vicious. The director shall then cause to be mailed or hand delivered to the owner written notice of his decision.
   (3)   If a dog is determined to be vicious, the owner may oppose the dog being euthanized by making a written request for a hearing to the city recorder's office within ten (10) calendar days of receipt of the notice. If mailed, the notice shall be deemed received five (5) calendar days after the date of mailing. Upon receiving a written request for a hearing, a hearing shall be scheduled before the city's administrative law judge as soon as reasonably possible.
      (a)   At the hearing, the administrative law judge shall allow the animal control officer and the owner, or the representative of either, to present any relevant evidence, including reliable hearsay evidence, and shall then, based on the evidence presented, affirm or overturn the decision to euthanize the dog.
      (b)   If the administrative law judge affirms the decision, the director or his designee shall euthanize the dog as soon as possible. (Ord. 2010-07, 2010)
6.05.107: VICIOUS ANIMALS:
It shall be unlawful for any person to keep or harbor a vicious animal within the city.
   (1)   Any person may petition to have an animal classified as vicious by filing with the division a written "petition to classify an animal as vicious" on a form provided by the division.
      (a)   Upon receipt of a properly executed petition, the director shall cause a copy thereof to be mailed or hand delivered to the animal's owner. The owner shall then have ten (10) calendar days from the date of receipt to submit a written response to the allegations of the petition. If mailed, the petition shall be deemed received five (5) calendar days after the date of mailing.
      (b)   Upon receipt of the owner's written response, if any, the review panel shall review the case to recommend if the animal is in fact vicious. After review by the review panel, the director shall decide whether the animal is to be classified as vicious.
      (c)   The director shall then cause to be mailed or hand delivered to the owner written notice of his decision.
      (d)   If an animal is determined to be vicious, the owner may oppose the animal being euthanized by making a written request for a hearing to the city recorder's office within ten (10) calendar days of receipt of the notice. If mailed, the notice shall be deemed received five (5) calendar days after the date of mailing. Upon receiving a written request for a hearing, a hearing shall be scheduled before the city's administrative law judge as soon as reasonably possible.
      (e)   At the hearing, the administrative law judge shall allow the animal control officer, the petitioner and the owner, or their representatives, and other witnesses where applicable, to present any relevant evidence, including reliable hearsay evidence, and shall then, based on the evidence presented, affirm or overturn the decision of the director.
      (f)   If the administrative law judge overturns the decision, the animal will be returned to the owner.
      (g)   If the administrative law judge affirms the decision, the director or his designee shall euthanize the animal as soon as possible. (Ord. 2010-07, 2010)
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