[Ord. No. 003-2012 §§1 — 2, 5-21-2012]
A.
This
Section shall be referred to as the Irresponsible Dog Owner Law.
B.
An "irresponsible dog owner" is a person who:
1.
Owns, keeps or harbors one (1) or more dogs, and
2.
Has violated, three (3) or more times, one (1) or more ordinances
that prohibit a dog from running at large, trespassing, creating a
nuisance, by defecating, or being in a dog park in violation of a
rule of that dog park, or prohibit cruelty to animals.
C.
An
irresponsible dog owner shall be penalized in one (1) or all of the
following ways:
1.
He/she shall be fined two hundred fifty dollars ($250.00) upon the
first (1st) conviction hereunder, three hundred fifty dollars ($350.00)
upon the second (2nd) conviction hereunder, and five hundred dollars
($500.00) upon the third (3rd) conviction hereunder.
2.
He/she shall be ordered to surrender all of his/her dogs to animal
control authorities and to refrain from owning, keeping or harboring
those dogs or any dog or dogs for a period of three (3) years.
D.
An
Animal Control Officer, City or County Prosecutor, or private person
may petition the Municipal Court for a declaration that a person is
an irresponsible dog owner and that he/she be penalized as provided
herein.
E.
Upon
petitioning the court, the accused shall be given notice as in civil
cases that if he/she does not appear before the court and show cause
why he/she should not be declared an irresponsible dog owner, then
he/she shall be declared an irresponsible dog owner and shall be penalized
as provided herein.
F.
At the court hearing to determine whether the accused is an irresponsible dog owner, the court may admit into evidence all relevant evidence, including but not limited to, prior convictions, incident reports and affidavits of witnesses. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the accused is an irresponsible dog owner and, upon such finding, shall impose the penalty or penalties provided in Subsection (C)(2) hereof.
G.
Dogs
surrendered or impounded pursuant to this Section shall be adopted-out
if possible, or else shall be euthanized.
H.
Disposal
of a dog or dogs by any method specified herein does not relieve the
irresponsible dog owner of liability for violations and any accrued
charges.
I.
The court may not grant probation to an irresponsible dog owner except in extraordinary circumstances, and under the condition that the next violation under Subparagraph (B)(2) or any other animal control law shall result in imposition of the full penalties prescribed by Subsection (C) hereof.
J.
A violation
of an order made under Subparagraph (C)(2) hereof shall be punishable
as a contempt of court in addition to any other penalties under this
or any other law.
K.
The
provisions hereof shall be in addition to any other civil, criminal
or administrative laws, regulations or causes of action against the
owner of the dog or any other person, firm, corporation or governmental
entity or employee.
