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(a) Disposal of Dead Dogs or Cats. The City police department and public works shall, upon notice, have the duty of immediately picking up any dead dogs or cats that may be found lying or abandoned upon any street or elsewhere within the City limits and removing such dead dogs or cats.
(1) Pound. It shall be the duty of any City police officer to promptly seize, take up and place in the county pound all dogs or cats that may be found running at large or being kept or harbored any place within the City contrary to this chapter.
(2) Redemption from City. No dog or cat in the custody of the City or having been placed at the county pound shall be released to the owner or other person entitled to demand the dog or cat unless such owner or person shall pay the sum established by resolution of the City Council for the care and feeding of such dog or cat together with any other expenses incurred by the City. No dog or cat shall be released unless it has been immunized and has been properly licensed.
(3) Transfer to the county pound. Dogs or cats impounded by the City shall be promptly transferred to the county pound.
(4) Notice to owners. It shall be the duty of the police department, as soon as any dog or cat is received by the officer under this chapter, to serve notice of impoundment in writing upon the owner of such dog or cat if such owner is known, and further to take reasonable steps to ascertain the identity of the owner.
(c) Vicious or Rabid Dogs.
(1) Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. "Owner" means a person keeping, possessing, harboring or having the care or custody of a dog.
B. "Provoke" means to perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bit or attack by an ordinary dog.
C. "Torment" means an act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes mental and emotional anguish in the dog as evidenced by its altered behavior, for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack.
D. "Vicious dog" means any dog:
1. With a known propensity, tendency or disposition to attack without provocation; to cause injury; or to otherwise threaten the safety of human beings or domestic animals;
2. Which, without provocation, has attacked or bitten a human being or domestic animal;
3. Owned or harbored primarily or in part for the purpose of dog fighting or trained for dog fighting; or
4. Which, without provocation, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack.
5. However, a vicious dog does not include any of the following:
a. A dog that bites or attacks a person who provokes or torments the dog, or
b. A dog that bites or attacks a person who is knowingly trespassing on the property of the dog's owner, or
c. A dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
(2) Exemptions. The chapter shall not apply to dogs used by a police department or law enforcement agency.
(3) Harboring a vicious or rabid dog.
A. No person shall own or harbor a vicious dog except pursuant to paragraph (c)(6) hereof.
B. Any person who shall own or have in his or her then possession or under her or his control a dog which has contracted rabies or which has been subjected to rabies or which is suspected of having rabies or which has bitten any person shall, upon demand of a police officer or the county health officer, produce and surrender such dog to the officials stated in this paragraph to be held for observation as provided in this chapter. It shall be the duty of any person owning or harboring a dog which has been attacked or bitten by another dog or another animal showing the symptoms of rabies to immediately notify a police officer or the health officer that such person has such a dog in his or her possession. Whenever a dog is brought to the pound after having bitten any person, a police officer may, if deemed necessary and advisable after holding such dog for a sufficient length of time to meet the requirements of the health department for investigation, cause such dog to be destroyed as a vicious dog, pursuant to paragraph (c)(7) hereof.
(4) Declaring a dog vicious. If a police officer has reasonable cause to believe that a dog is vicious, the chief of police, or his or her designee, may declare it to be a vicious dog and may direct that the dog be immediately impounded.
(5) Notice of vicious dog declaration. Within five days of declaring a dog vicious, the chief of police, or his or her designee, shall notify the dog's owner in writing of the declaration of viciousness. The notice shall identify the requirements and conditions for maintaining a vicious dog as set forth in this chapter. If the owner cannot be located, the dog may be immediately impounded, and notice shall be posted on the owner's property or sent by first class mail to the owner's last known address.
(6) Requirements of keeping vicious dog. The owner of a vicious dog who wishes to keep the vicious dog, shall be subject to the following:
A. Confinement. All vicious dogs shall be securely confined indoors or in an enclosed and locked pen or structure upon the premises of the owner. The pen or structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top attached to the sides. If no bottom is secured to the sides, the sides must be imbedded into the ground no less than two feet. All pens or structures must be kept clean and sanitary. The enclosure must also protect the dog from the elements. The dog must be provided with fresh water at all times and fed regularly.
B. Leash and muzzle. The owner of a vicious dog shall not allow the dog to go outside the house or its kennel, pen or structure unless the dog is muzzled, restrained by a chain or leash not more than four feet in length, and under the physical control of a person of at least fourteen years of age. The muzzle must not cause injury to the dog or interfere with its vision or respiration, but must prevent the dog from biting any human or animal.
C. Signs. The owner of a vicious dog shall display in a prominent place on the owner's premises a clearly visible warning sign indicating that there is a vicious dog on the premises. The sign must be readable from the public highway or thoroughfare. The owner shall also display a sign with a symbol warning children of the presence of a vicious dog. Similar signs shall be posted on the dog's kennel, pen or enclosed structure.
D. Liability insurance. The owner of a vicious dog must provide written proof to the City Clerk that the owner has procured public liability insurance of at least one million dollars ($1,000,000) per dog insuring the owner, with the City named as additional insured, for any damage or personal injury which may be caused by the owner's vicious dog. The insurance coverage must be maintained at all times.
(7) Impoundment and destruction of vicious dog. After the chief of police has ordered the impoundment of a dog, he or she shall apply to the district court for the destruction of a dog by filing a sworn complaint if:
A. The dog has attacked, bitten or injured a human being or domestic animal; or
B. The dog is a vicious dog as defined in paragraph (c)(1) hereof and/or the owner has failed to comply with the requirements and conditions for keeping a vicious dog as required in paragraph (c)(6) hereof; or
C. The dog poses a threat of serious harm to the public health or safety; or
D. The dog is rabid; or
E. There is any other reason provided by this Code or State law. The chief of police, or his or her designee, may ask the court to impose the conditions in paragraph (c)(6) hereof on continued ownership of a dog that the court determines to be vicious but does not meet the criteria for destruction.
(8) Notice of impoundment. Under this paragraph, within five days of an impoundment, the City shall notify the dog's owner in writing of the impoundment in accordance with the notification procedure set forth in paragraph (c)(5) hereof.
(9) Change of status of vicious dog. The owner of a vicious dog shall immediately notify the chief of police if the vicious dog is unconfined and on the loose or has attacked a human being or domestic animal. Also, the owner of a vicious dog shall immediately notify the chief of police when the vicious dog dies.
(10) Change of ownership of vicious dog. If the owner of a vicious dog sells, gives away or otherwise transfers ownership of the vicious dog, he or she shall within three days provide the chief of police with the name, address and telephone number of the new owner. The previous owner shall notify the new owner of the dog's designation as a vicious dog and of the requirements and conditions of keeping a vicious dog.
(11) Fighting. No person shall possess, harbor or maintain care or custody of any dog for the purpose of dog fighting nor shall any person train, torment, badger, bait or use any dog for the reason of causing or encouraging the dog to attack human beings or domestic animals except a law enforcement officer.
(12) Penalty for violation. Any person who violates any provision of this subsection shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) or imprisonment of not more than ninety days in jail or by both fine and imprisonment. Such violator shall also be liable for all reasonable costs incurred by the City in enforcing this chapter.
(d) Harboring Noisy Dogs or Cats. No person shall harbor or keep any dog or cat which by loud or frequent or habitual barking, yelping, meowing, or howling shall cause a reasonable person annoyance to others in the neighborhood or to people passing upon the streets. A violation of this section shall constitute a civil infraction and complaints shall be processed and punished accordingly.
(e) Number of Dogs and Cats Allowed Per Home or Apartment. No person shall keep more than two dogs or three cats or a combination of more than five dogs and cats per home or apartment. A violation of this section shall constitute a civil infraction and complaints shall be processed and punished accordingly.
(f) Dogs and Cats Running at Large. No person owning any dog or cat shall permit such dog or cat to run at large unless it is on the owner's property or on a leash under the reasonable control of its owner. Any first violation of this section shall constitute a violation punishable by a civil penalty of twenty-five dollars ($25.00). A second or subsequent violation of this section shall be punishable by a civil infraction of two hundred dollars ($200.00). For the purposes of enforcing the provisions of this section, appearance tickets may be issued by any peace officer of the City of Reed City.
(g) Removal of Animal Waste.
(1) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
A. "Cat" means any cat, male or female, whether spayed or not, regardless of age.
B. "Dog" means any dog, bitch or spayed bitch, regardless of age.
C. "Other animals" means any other domesticated animal or household pet.
(2) Creation of nuisance on public property or property of another. No person owning, harboring, keeping or in charge of any dog, cat or other animal shall cause, suffer or allow such dog, cat or other animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, gutter, sidewalk, passageway, bypath, play area or park, or any other place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of the property.
(3) Removal of waste required. Any person owning, harboring, keeping or in charge of any dog, cat or other animal which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, gutter, sidewalk, passageway, bypath, play area or park, or any other place where people congregate or walk, or upon any public property whatsoever, or upon any private property without permission of the owner of the property, shall immediately remove and dispose of all feces deposited by such dog, cat or other animal, in accordance with the provisions of this section, in a sanitary manner.
(4) Exemption. The provisions of this section shall not apply to blind or hearing impaired persons who may use dogs or guides.
(5) Violation. Any violation of this section shall constitute a violation punishable by a civil penalty of not more than twenty-five dollars ($25.00). For the purposes of enforcing the provisions of this section, appearance tickets may be issued by sanitation officers, dog wardens, or by any person authorized to issue tickets for parking violations in the City.
(h) Female Dogs and Cats in Heat.
(1) It shall be the duty of the owner of any female dog or cat in heat to keep said dog or cat securely confined on the owner's premises.
(2) Any violation of this section shall constitute a violation punishable by a fine or a civil penalty of not more than twenty-five dollars ($25.00). For the purposes of enforcing the provisions of this section, appearance tickets may be issued by sanitation officers, dog wardens, or by any person authorized to issue tickets for parking violations in the City.
(i) Dog Licenses and Vaccinations.
(1) It shall be a municipal civil infraction for any person to own, maintain, keep or harbor ay dog within the city without first procuring a license and vaccinations therefor as prescribed by state law. Application for a license shall be made as provided by law and shall state the breed, sex, age, color and markings of the dog, and the name and address of the applicant and the last known previous owner.
(2) Violation. Any first violation of this section shall constitute a violation punishable by a civil penalty of one hundred dollars ($100.00). A second or subsequent violation of this section shall be punishable by a civil infraction of two hundred dollars ($200.00). For the purposes of enforcing the provisions of this section, appearance tickets may be issued by sanitation officers, dog wardens, or by any person authorized to issue tickets for parking violations in the City.
(Ord. 06-001. Passed 5-11-06. Ord. 006-2010. Passed 9-20-10. Ord. 002-2011. Passed 2-22-11.)