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3-7-4: LIMITATION ON NUMBER OF DOGS AND CATS:
It shall be unlawful to keep, harbor, own, or in any way possess four (4) or more dogs and/or four (4) or more cats over six (6) months of age upon or about the premises of any dwelling, or dwelling unit within the corporate limits of the City. Notwithstanding the foregoing, the number of dogs and/or cats kept, harbored, owned or possessed at the premises of any dwelling or dwelling unit within the corporate limits of the City shall not exceed a total of four (4) animals (i.e., 2 dogs and 2 cats; 1 dog and 3 cats). Provided, a person may request a permit from the Police Department to keep, or harbor up to two (2) dogs or two (2) cats, but not both, as part of a qualified home used by organizations for rescue or sheltering of abandoned or lost animals. (For purposes of this section, a "qualified home" shall mean a home which has received written approval to house abandoned or lost animals by an organization involved in the rescue or sheltering of abandoned or lost animals, and which organization has been in existence and operating for at least 1 year.) The permit shall allow up to two (2) such animals in addition to other dogs or cats already kept at the dwelling pursuant to the first sentence of this section. The permit shall be for a period of a year, and may be renewed annually provided there have been no violations of the provisions of this chapter resulting in an administrative penalty or criminal violation being imposed on the permit holder. The fee for the permit shall be as established by the City's fee schedule. (Ord. 2019-03, 1-28-2019)
3-7-5: RUNNING AT LARGE:
   A.   No person having the custody or control of any dog or cat shall permit the same to be off the property limits of its owner or caretaker, or on any street, public park, public golf course, school grounds or public place in the City without being effectively restrained by a leash not exceeding six feet (6') in length or within a vehicle being driven or parked on the streets. Dogs, which are at a City designated "dog park" in accordance with subsection 6-1-4E of this Code, are exempt from this section.
   B.   The owner of every fierce, potentially dangerous, dangerous or vicious dog shall confine such animal within a building or proper enclosure and such dog shall not be taken out of such building or enclosure unless the dog is securely muzzled.
   C.   Every female dog or cat in heat shall be kept confined in a building or secure enclosure or in a veterinary hospital or boarding kennel, in such manner that such animal cannot come in contact with another animal, except for breeding purposes.
   D.   Any dog or cat found running at large, whose ownership is known to the City need not be impounded but the City at its discretion may order the owner to keep the animal in strict restraint as herein defined or the City may cite the owner of such animal to appear in court to answer charges of violation of this chapter.
   E.   If such dog or cat is found running at large or otherwise in violation of this section, it may be taken up and impounded and shall not be released except after payment of the fees or due hearing before a court of law as to why the owner should not be required to pay the fees; provided, however, that if any dangerous, potentially dangerous, fierce or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain by any police officer or other authorized person.
   F.   Any dog or cat found running at large or otherwise in violation of this section two (2) or more times during a twelve (12) month period shall be impounded and shall not be released except after payment of a minimum fine as established by the city's fee schedule in addition to any hereinbefore prescribed fees or due hearing before a court of law as to why the owner should not be required to pay the fine and fees. (Ord. 2008-23, 11-24-2008)
3-7-6: IMPOUNDING DOGS, CATS, AND OTHER ANIMALS AT LARGE:
   A.   Authority To Impound; Records: The city shall designate such persons as the city deems necessary to apprehend any dog, cat, or other animal found running at large contrary to the provisions of this chapter and to impound such dog, cat, or other animal in the city pound, if one is maintained, or any other suitable place for the impounding of animals as may be directed by the city. Licensed animals shall be separated from unlicensed animals. A complete registry shall be made upon impounding any dog, cat, or other animal including, with relation to the dog, cat, or other animal entering:
      1.   Its description by species, breed, sex, approximate age, and other distinguishing traits.
      2.   The location at which it was seized.
      3.   The date of its seizure.
      4.   The name and address of the person from whom any dog, cat, or other animal three (3) months of age or over was received.
      5.   The name and address of the person to whom any dog, cat, or other animal three (3) months of age or older was transferred.
      6.   Whether the dog, cat, or other animal is licensed for the current year.
      7.   If the dog, cat, or other animal is licensed, the name and address of its owner and the number of its tag.
   B.   Notice To Owner And Redemption: Not later than two (2) days after the impounding of any dog, cat, or other animal, the city shall attempt to notify the owner, if the owner is known to the city.
   C.   Impound And Redemption Fees:
      1.   The owner of any animal so impounded may reclaim such animal upon payment of an impound fee as established by the city's fee schedule for the first impound each year, a fee as established by the city's fee schedule for the second impound, a fee as established by the city's fee schedule for the third impound, and increasing thereafter a fee as established by the city's fee schedule for each additional impound.
      2.   Additional charges for maintenance and keeping of said dog or cat, giving proper notice, and the cost of any needed rabies inoculation shall be assessed in addition to the license fee and impound fee.
      3.   The owner of any dog or cat six (6) months of age or older impounded by the city which is not licensed for the current year or which has not been spayed or neutered shall be assessed an impound fee as established by the city's fee schedule in addition to the fees hereinbefore prescribed.
      4.   If the owner disputes the fees assessed or prescribed, the owner shall pay the fees and may appeal any disputed fees to conciliation court in Clay County for a refund.
   D.   Disposition Of Unclaimed Or Infected Dogs, Cats, And Other Animals: All animals shall be impounded for a period of at least five (5) regular business days. At the end of the five (5) day period, all animals, which remain unredeemed, must be made available to any registered, recorded, licensed, animal rescue organization. At the end of the five (5) day period, if no requests for animals have been filed with the city by any registered, recorded, licensed, animal rescue organization, all animals, which remain unredeemed, may be destroyed in the discretion of the city. Notwithstanding any provisions within this section, any animal which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease, as shall be determined by a qualified veterinarian, shall not be released but may be forthwith destroyed. (Ord. 2008-23, 11-24-2008)
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