(A) 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 (physical or electronic) 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.”
(B) Any licensed or unlicensed dog or cat found running at large in the city shall be seized, impounded, restrained or placed under surveillance by the city police or other person or agency authorised by the city to enforce this subchapter. Upon seizing, impounding, restraining or placing a dog or cat under surveillance, the city police shall attempt to notify the owner of the dog or cat personally or through the United States mail, if the owner be known or can be ascertained with reasonable effort. If the owner be unknown or cannot be ascertained, then the city police shall post written notice in three public places in the city and communicate the notice by local radio or newspaper giving the description of the dog or cat, its last known location and if impounded, the conditions for its release. If after five regular business days the owner does not notify the city and claim the dog or cat, the city police or person or agency authorized to enforce this subchapter may euthanize the dog or cat in a proper and humane manner.
(C) The owner of any dog or cat seized, impounded or restrained under this section may redeem the dog or cat by paying to the City Clerk all costs incurred by the city with reference to the seizing, impounding or restraining of the dog or cat, the cost of keeping the dog or cat until its release, the appropriate license fee as herein required if the dog or cat is unlicensed and by showing evidence of rabies vaccination and complying with the other provisions of this subchapter covering rabies vaccination if the evidence is not on file with the City Clerk.
(D) A dog or cat running at large may be immediately destroyed by a police officer if any of the following circumstances exist.
(1) The dog or cat has bitten a person and cannot be impounded after reasonable effort.
(2) A police officer has reason to believe that the dog or cat cannot be impounded without a serious risk of harm to persons attempting to impound it.
(3) A police officer has reason to believe that the dog or cat has rabies or a similar disease which may endanger the health of other domestic dogs or cats or of human beings.
(4) The police officer reasonably believes that the dog or cat may suddenly attack while a person is peacefully walking or riding, or that killing the dog or cat is necessary to prevent injury to persons or property.
(Ord. 428, passed 8-22-1994) Penalty, see § 90.99