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Any animal which has been at large in excess of two (2) times within any twelve (12) month period, or which has been at large and has proven menacing or threatening when at large, may be declared a nuisance or dangerous, as appropriate, by the animal control officer. An animal may be designated as dangerous even though it has not behaved in a manner severe enough to warrant designation as a vicious animal. Upon making such a declaration, the animal control officer may prescribe the actions which the animal owner must take to abate the nuisance or to protect the public from the menacing characteristics of an animal so designated. Such restrictions may include additional fencing, security measures, repair of containment facilities, additional supervision or other measures intended to address the nuisance or danger involved. Such designation may be applied for a certain designated time frame such that the restrictions serve as a probation for the animal or animal owner in question. Violation of any restrictions set forth in a written order of the animal control officer pursuant to this section shall constitute a violation of this chapter, subject to all penalties and enforcement measures authorized hereby. Upon petition and demonstration of compliance with applicable requirements, the animal control officer may revise the designation of a vicious animal to nuisance or dangerous status if the animal control officer believes that such designation will fulfill the purposes of this chapter. Any decision concerning classification of an animal as a nuisance or dangerous may be appealed by the animal owner in accord with the procedures established in this chapter regarding vicious animals. (Ord. 197, 1-8-2013)
Should any animal attack or bite a person or another animal, after the owner or harborer of such animal has been notified that the animal has been declared vicious, dangerous or nuisance, such animal shall be impounded, held for observation and shall not be returned to its owner until the animal control officer can be assured that the insecurity which allowed the animal to go free has been remedied and will remain so. If any declared vicious animal is found at large and cannot be safely taken up and impounded, such animal may be summarily destroyed by any law enforcement officer or animal control officer. Failure to maintain security for vicious, dangerous or nuisance animals shall constitute a violation of this chapter. (Ord. 197, 1-8-2013)
A. Conditions For Impoundment: In addition to any other remedies provided in this chapter, an animal control officer or a law enforcement officer may seize, impound and humanely confine to an animal shelter or hospital any of the following animals:
1. Any animal at large;
2. Any animal constituting a public nuisance or considered a danger to the public;
3. Any animal that is in violation of any quarantine or confinement order of the Panhandle health district, a city animal control officer or any standing quarantine or confinement order of any public officer;
4. Any unattended animal that is ill, injured or otherwise in need of care;
5. Any animal that is reasonably believed to have been abused or neglected;
6. Any animal that is reasonably suspected of having rabies;
7. Any animal that is charged with being potentially dangerous, or dangerous where the city council or animal control officer determines that there is a threat to public health and safety, including illegal, exotic and wild animals;
8. Any animal that a court of competent jurisdiction has ordered impounded or destroyed;
9. Any animal that is considered unattended or abandoned, as in situations where the owner is deceased, has been arrested or has been evicted from his regular place of residence;
10. Any animal that has been declared vicious and the owner or harborer fails to adhere to the established guidelines set forth in the vicious animal guidelines as set forth in this chapter;
11. Any dog without a valid license tag and that is not on the property of its owner;
12. Any dog kept at a kennel that is not licensed, or the license has been suspended or revoked.
B. Notice To Owner: Upon impoundment of an animal, the animal control officer may attempt to notify the owner by telephone or mail. If the owner is unknown or cannot be contacted, the animal control officer shall provide to the city, no later than the next business day after the animal is impounded, written notice to be posted by the city at city hall, describing the animal and the time and place of taking. Any telephonic or written notice to the owner may also include the location of the shelter or hospital where the animal is confined, hours during which the animal can be reclaimed, and the fees to be charged to the owner. The owner may also be advised that the failure to claim the animal within three (3) business days may result in the destruction or other disposition of the animal.
C. Impound Fees: An owner reclaiming an impounded animal shall pay the impound fees charged by the shelter.
D. Unclaimed Animals: Any animal not reclaimed by its owner within three (3) business days shall be subject to placement for adoption in a suitable home or euthanized in a manner prescribed by the city. (Ord. 197, 1-8-2013)
A. Violation: It shall be a violation of this chapter to:
1. Fail to comply with any provision of this chapter, that is, to do that which is described as unlawful or to violate the requirements established by this chapter.
2. Fail to comply with any lawful order of the animal control officer or law enforcement officer, unless such order is lawfully stayed or reversed. (Ord. 197, 1-8-2013)
B. At Large: Any person that allows a domestic animal, except for a cat, to run at large shall be guilty of an infraction, punishable by a fine of fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for the second offense within five (5) years, and guilty of a misdemeanor for the third and subsequent offenses within five (5) years of the first offense. Any person who allows a wild or exotic animal to run at large or who violates any other provision of this chapter shall be deemed guilty of a misdemeanor. Misdemeanor violations shall be subject to penalty as provided in section 1-4-1 of this code. Should any person be found guilty in any court of competent jurisdiction, the court may order the animal involved to be destroyed by the animal control officer. (Ord. 197, 1-8-2013; amd. 2017 Code)
C. Civil Action: The city may undertake civil legal action in a court of competent jurisdiction to seek to enjoin conduct which violates the provisions of this chapter and/or to recover the reasonable costs of actions deemed necessary to bring about compliance herewith. (Ord. 197, 1-8-2013)