[R.O. 2012 §210.120]
The Union Police Department shall serve as the City impounding
officers with the authority to control, pickup and dispose of any
animals which are found in violation of this Chapter within the City.
The City Administrator may execute a contract with any qualified person
for the control, pickup and disposition of any animals which are found
in violation of this Chapter within the City.
[R.O. 2012 §210.130; Ord. No. 2854 §1(D), 8-11-2003]
A. The
impounding officer, Police Officer, or any person designated by the
City Administrator shall have the power to catch, confine, and impound
the following dogs, cats, domestic others or any other animal.
1. All dogs, cats and domestic other animals off the owner's property
and not securely leashed.
2. All dogs, cats or domestic others infected with rabies, or suspected
of being exposed to rabies or being infected with rabies, including
dogs, cats, or domestic others known to have been bitten by a suspected
rabid animal, regardless of whether such dogs, cats, or domestic others
are at large or on leashes, licensed or unlicensed.
3. All dogs, cats or domestic others that have been deemed as dangerous by the Public Safety Committee, which are not in compliance with Article
III, Section
210.100(D) of this Chapter.
4. All dogs, cats, or domestic others whose owners have been determined to be in violation of Section
210.020 and are at acute health risk.
B. Dogs,
cats or domestic others impounded in accordance with this Chapter
shall be impounded in a place designated by and under the supervision
of the City Administrator.
C. The
impounding officer shall immediately post in the City Police station
a notice of impoundment. The written notice shall include the date
the animal was impounded, the description of the animal, the location
where the animal was found, where the animal is impounded, and the
date by which the owner must redeem the impounded animal.
[R.O. 2012 §210.140; Ord. No. 2854 §1(E), 8-11-2003]
A. Any
dog, cat or domestic other captured and impounded as authorized by
this Chapter and determined not to be infected with rabies may be
redeemed by the owner or other person having the right of possession
of such animal upon presentation of proper documentation of rabies
inoculation and upon payment of the proper redemption fee, plus any
expense of taking, impounding, and keeping said animal.
B. If
the animal has not been vaccinated for rabies, the animal may still
be redeemed. The animal shall be returned to the owner. Prior to redemption,
the owner shall deposit twenty-five dollars ($25.00) with City Hall/City
Court and upon payment of the proper redemption and housing fees.
The deposit shall be returned if the owner provides proof of rabies
vaccination within ten (10) days.
C. If
the animal is not redeemed in the manner provided in this Section
within five (5) working days after its capture, such animal shall
be euthanized. Exceptions consist of:
1. Bite cases which are held ten (10) calendar days.
2. Dogs, cats or domestic others which are bearing registration tags
or bearing identification of ownership shall be held ten (10) days
from the date of impoundment, unless it is claimed sooner by the owner
or the responsible person. The Union Police Department shall make
reasonable efforts within twenty-four (24) hours (not including weekends
and holidays) of impoundment to notify the owner. Any impounded animal
unclaimed after ten (10) days shall be placed for adoption or humanely
destroyed. But no animal shall be placed for adoption if suspected
of rabies, exposed to rabies, or known to have bitten or scratched,
any person or animal.
D. The foregoing to the contrary notwithstanding, any animal which has been determined by the Public Safety Committee to be a dangerous animal and with respect to which the owner has failed to comply with the provisions of Section
210.100(D) after having been provided with notice thereof shall not be redeemable. Any such animal shall be euthanized and the cost thereof assessed against the owner or owners by way of a charge being filed in the Municipal Court for violation of Section
210.100. The assessment of such cost shall be in addition to any other penalty ordered by the court.
[R.O. 2012 §210.180]
Every physician shall report to the Chief of Police or his/her
designee pertinent information concerning any resident of the City
who has been bitten by an animal whether suspected of having rabies
or not. Every veterinarian shall report all pertinent information
concerning rabid or suspected rabid animals under his/her care.
[R.O. 2012 §210.095; Ord. No. 2854 §1(C), 8-11-2003; Ord. No. 3885 §1, 8-11-2014]
If the owner of a dangerous animal fails to comply with this
Chapter within seven (7) days of notification of the decision of the
Public Safety Committee determining the animal to be a dangerous animal,
the Chief of Police or his/her designee shall dispose of the animal
found to be dangerous under the terms of this Chapter. The Chief of
Police or his/her designee shall have the power to impound any such
animal, and shall have the power to require the owner of such animal
to take necessary measures to dispose of any such animal having been
deemed dangerous. They are further authorized to dispose of such animal
if it is not done by the owner. This will be performed at the owner's
expense. The Chief of Police or his/her designee is authorized to
recover any and all costs for performing this or any service covered
by this Chapter, either by fees set and paid for in advance or itemized
billing.
[R.O. 2012 §210.210; Ord. No. 2854 §1(F), 8-11-2003]
A. The
following actions shall be required of owners of animals that have
been declared dangerous animals:
1. Any dangerous animal shall wear at all times, a bright orange collar
so the animal can readily be identified as a dangerous animal.
2. The owner or keeper shall notify the Police Department immediately
if a dangerous animal is loose or missing, or has attacked another
animal or human being.
3. An animal may be declared dangerous for prior acts even if it has
thereafter voluntarily left the City. Once an animal is declared dangerous,
it cannot return to the City.
4. While on the owner's property, a dangerous animal must be securely
confined indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to prevent
the animal from escaping. Such a pen or structure must have a minimum
dimension of five (5) feet by ten (10) feet, must have strong, secure
sides and a secure top. If it has no bottom secured to the sides,
the sides must be embedded into the ground no less than twelve (12)
inches. The enclosure must also provide protection from the elements
for the animal (see definition of
"adequate shelter" in Section
210.010). The enclosure, when occupied by a dangerous animal, shall not be occupied by any other animal. If the dangerous animal is a female with young under three (3) months of age, the young may occupy the same enclosure as the mother.
5. No dangerous animal may be kept in any area of the owner's property that would allow the animal to exit easily (i.e., behind screen doors or windows) or chained without a physical barrier to prevent contact with other animals or people or the escape of the animal. (See Restraint, Section
210.100(D) and
(F).)
6. A sign indicating the presence of a dangerous animal shall be present at and large enough to read from any public thoroughfare from which the property is entered. (See Restraint, Section
210.100(D)) This sign must comply with all ordinances of the City relating to signs.
7. A dangerous animal may be off the owner's property if it is securely muzzled and on a strong leash no more than four (4) feet long and under the control of a competent person. (See Restraint, Section
210.100(D).)
8. The owner or keeper of a dangerous animal shall present to the Chief
of Police or his/her designee proof that they have procured primary
liability insurance or surety bond to include bodily injury and property
damage in the amount of at least five hundred thousand dollars ($500,000.00),
covering a twelve (12) month period. Proof of such insurance or bond
must be presented each twelve (12) month period as long as the dangerous
animal lives in the City limits. This policy or bond shall contain
a provision requiring the City to be notified by the issuing company
prior to any cancellation, termination or expiration of the policy.
9. All owners or keepers of dangerous animals must, within ten (10)
days of such declaration, provide the Chief of Police or his/her designee
with two (2) sets of color photographs of the dangerous animal, one
(1) of each side and showing the color and approximate size of the
animal.
10.
It shall be unlawful for the owner or keeper of a dangerous
animal within the City to fail to comply with the requirements and
conditions set forth in this Chapter. Any animal found to be the subject
of a violation of this Chapter shall be subject to immediate seizure
and impoundment. The City Administrator shall as soon as possible
after impoundment hold a hearing to determine whether or not there
was in fact a violation of this Chapter with respect to an animal
which prior thereto had been determined to be a dangerous animal.
The owner or owners of the animal in question shall be afforded the
opportunity to attend such hearing and to present evidence. If it
is found that no violation occurred, the animal shall be returned
to the owner without cost. If a violation is found to have occurred
the animal shall be euthanized after five (5) business days, and the
owner shall be responsible for the cost of impoundment and the cost
of having the animal euthanized. If the owner believes that the City
Administrator has erred in his/her determination, the owner shall
have the right to appeal such decision within the five (5) business
days to the Board of Aldermen. At the time any such appeal is filed,
the owner shall pay a deposit to the City equal to the cost of impoundment
to date plus the cost of impoundment for an additional ten (10) days.
If the Board of Aldermen upholds the finding of the City Administrator,
the owner shall be responsible for all costs of impoundment plus the
cost of having the animal euthanized. If the Board of Aldermen reverses
the decision of the City Administrator, the animal shall be released
to the owner at no cost to the owner.
[Ord. No. 3885 §1, 8-11-2014]
[R.O. 2012 §210.220]
All guard dogs are subject to the same restraints as dangerous
animals except Section 210.210(5) with the addition that adequate
shelter must be available. All guard dogs are subject to the license
and anti-rabies vaccination requirements in this Chapter. All such
animals must be registered annually with the Chief of Police or his/her
designee.
[R.O. 2012 §210.230]
The impounding officer, any designated City staff, or any other
person with whom the City has contracted according to the provision
of this Chapter, and the members of the Police Department, while in
pursuit of a dog, cat, domestic other or wild animal on a complaint
or running at large, or enforcing/investigating any Sections of this
Chapter shall have the right of entry to any lots or lands, including
those of the owners of such animals, for the purpose of collecting
any animal found in violation of this Chapter.
[R.O. 2012 §210.240]
Any person who shall interfere with or obstruct a City Official
in the reasonable performance of his/her duty in apprehending any
animal for impounding or investigation under this Chapter or any person
who refuses to deliver his/her dog, cat or domestic other upon request
by a City Official, whenever such official has reasonable cause, shall
be deemed guilty of an ordinance violation.