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(A) It shall be unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, run, stray or be away from the premises of such owner or custodian and to be on any public place, any public property or the private property of another within the city. An owner or custodian of a dog may take it off the owner’s or custodian’s premises provided the dog is under restraint. Any dog found roaming, running, straying, or being away from the owner or custodian’s premises and not on a leash or under control as herein provided, is hereby declared to be at large, and such dog may be seized and impounded subject to the redemption provisions of this chapter. In lieu of, or in addition to, impounding a dog, the owner or custodian may be cited by a Deputy or the Sheriff for violation of this chapter.
(B) The prohibition contained in division (A) of this section shall not apply to dogs that are under control while engaged in one of the following:
(1) Lawful herding of farm animals;
(2) Lawful hunting activities;
(3) Lawful competition sanctioned by a nationally recognized body or a local chapter thereof; or
(4) Lawful training in preparation for such herding, hunting, or competitive activities.
(Ord. 524, passed 9-13-2010) Penalty, see § 91.99
(A) At large dogs may be lawfully taken by any person and impounded in the animal shelter. The person must notify the shelter staff of the owner’s name and address, if known.
(B) Impoundment register. The Sheriff or shelter shall maintain a register of all dogs impounded pursuant to this chapter and such register shall show the identification tag number, if any, breed of the dog, a description of the dog by coloring and marking, the time and date of the impoundment, the name of the officer impounding the dog, the area in which such dog was picked up, the method and time of notifying the owner, if known, of redemption procedures, and if known, the disposition of the dog and the date and time thereof.
(C) Redemption. An owner reclaiming an impounded dog shall pay impoundment fees and board fees in accordance with a resolution adopted by the county. If the dog is required to be licensed, the fees shall be paid at the time of redemption, and the tags issued upon presentation of proof of rabies vaccination. If, the person reclaiming the dog has outstanding unpaid tickets (tickets not pending hearing appeal), those must also be paid prior to the release of the dog.
(D) Impounded dogs shall be released to owners or custodians on presentation of proof of ownership, and proof that all appropriate fees have been paid. Any dog apprehended or turned into the shelter for impoundment shall be held for a minimum of five days. Any dog wearing a collar with a valid license tag shall be held for a minimum of five days, and the Deputy or shelter shall make reasonable effort to contact the owner. Any dog not redeemed during the required holding period shall be deemed to have been surrendered to the animal shelter for disposition.
(E) Seriously injured, diseased, or wild dogs need not be detained for the holding period, but with the concurrence of a veterinarian or certified euthanasia technician may be disposed of in a humane manner at any time. Not withstanding the provisions of any other portion of this chapter, any dog impounded for biting a person shall be held for not less than ten days before redemption or destruction, to determine if the dog is rabid, unless the owner shows proof of current rabies vaccination and has an adequate area for home quarantine. This determination will be made by the Deputy or Sheriff.
(F) Any impounded dog, following the holding periods, and dogs voluntarily surrendered to the animal shelter, shall be disposed of in a humane manner, or, at the discretion of the shelter manager, may be held for a longer period to allow for adoption. No dogs shall be knowingly sold or given away by the county or its designee for the purposes of animal experimentation.
(G) Other animals may be impounded at the shelter’s discretion.
(Ord. 524, passed 9-13-2010)
The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it shall be unlawful for any person to:
(A) Tether, confine, or restrain any dog in such a way as to permit the dog to become frequently entangled in such tether, or render the dog incapable of consuming food or water provided for it; while at the same time allowing adequate space for freedom of movement necessary when tethered for extended periods of time; the tether to be not shorter than three times the length of the dog measured from the tip of its nose to the base of its tail;
(B) Confining a dog within or on a motor vehicle or other enclosure or structure when unattended and under such conditions as may endanger the health and well being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, and confinement with a vicious dog; or
(C) Knowingly placing food of any description containing poisonous or other injurious ingredients in any location likely to be accessible to domesticated animals or livestock.
(Ord. 524, passed 9-13-2010) Penalty, see § 91.99
(A) ABANDONMENT is defined as dropping off or leaving an animal on the street, road, or highway, or in a public place, or the private property of another person, firm, corporation; or in the case of a dog impounded at the animal shelter, a dog is presumed to be abandoned by its owner if they have taken no affirmative action to redeem the dog for a period of five days from the date of notice of impoundment.
(B) Animals may be left at the shelter by arrangement with shelter staff. If the owner refuses to redeem or pay fees for his animal, the owner may be cited for abandonment and the dog will be placed for adoption.
(Ord. 524, passed 9-13-2010)
(A) Aggressive - Level 1. A dog shall be classified as Aggressive Level 1 if while at large, or secured in such a manner as to reach a public right-of-way, or secured in such a manner as to interfere with a legal right of entry to the dog owner’s property the dog does menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person or, while at large, threaten or cause injury to any domestic animal.
(B) Aggressive - Level 2. A dog shall be classified as Aggressive Level 2 if while at large or secured in such a manner as to reach a public right-of-way, or secured in such a manner as to interfere with a legal right of entry to the dog owner’s property the dog does aggressively bite or cause physical injury to any person, or while at large kills any domestic animal.
(C) Dangerous. A dog shall be classified as dangerous if, whether or not confined, causes serious physical injury or death to a person; or is used in the commission of a crime; or is an Aggressive Level 2 dog that repeats the behavior after the owner is notified of the designation.
(D) No dog shall be classified as dangerous or aggressive, even if the dog has engaged in these behaviors, upon a determination that the behavior was caused by abuse or torment of the dog, or criminal activity on the part of any victim.
(E) No dog shall be found to be dangerous or aggressive if it is a dog trained for law enforcement purposes and is on duty under the control of a peace officer.
(F) A Deputy or the Sheriff shall determine whether any dog has engaged in the behaviors specified in divisions (A) through (C) of this section. The determination shall be based upon an investigation that includes observation of the dog’s behavior by a Deputy or the Sheriff, or by other witnesses who personally observed the behavior. Observations must be in writing attesting to the observed behavior.
(Ord. 524, passed 9-13-2010)
The Sheriff’s Officer shall give the dog’s owner written notice by certified mail or personal service that includes the following:
(A) The dog’s specific behavior;
(B) The dog’s dangerous or aggressive classification; and
(C) Restrictions applicable because of the dog’s classification.
(Ord. 524, passed 9-13-2010)
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