[1]
State Law Reference — As to dogs generally, see RSMo., § 273.010 et seq. As to authority of City to regulate, impound dogs, etc., see RSMo., § 79.400.
Cross Reference — As to definition of "owner" as used in this article, see § 4-10.1.
[Ord. No. 1040 § 1, 6-15-1974; Ord. No. 1358 § 8, 3-30-1987; Ord. No. 1594 § 3, 1-21-1991; Ord. No. 1738 § 1, 6-21-1993; Ord. No. 1811 § 2, 9-19-1994]
A. 
No dog owner or cat owner shall keep any dog or cat more than five (5) months of age within the City unless a license therefor has been secured. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog or cat to be licensed has been given a vaccination against rabies in compliance with this Article. Except as provided below, licenses for dogs and cats shall expire on the first (1st) day of January next following their issuance. If the rabies vaccination certificate for the dog or cat to be licensed indicates that the vaccination will be effective for the full period for which the license is to be issued (through the first (1st) day of January), then the dog license or cat license shall expire on the first (1st) day of January next following its issuance. If the vaccination certificate for the dog or cat to be licensed indicates that the vaccination will not be effective for the full period for which the license is to be issued, then the dog license or cat license shall expire at the end of the time the vaccination certificate indicates the vaccine is effective, unless before that time, the dog or cat is vaccinated against rabies again as provided in Section 4-12 and another rabies vaccination certificate for that dog or cat is presented to the City Clerk before the end of the time the earlier vaccination certificate indicates the vaccine is effective, indicating that the vaccine will be effective for the remainder of the period for which the license was issued.
[Ord. No. 3052, 4-20-2020]
B. 
Licenses for dogs shall be issued by the City Clerk upon presentation of the vaccination certificate and payment of a fee of two dollars ($2.00). Licenses for cats shall be issued by the City Clerk upon presentation of the vaccination certificate and payment of a fee as follows:
1. 
For a cat that has been spayed or neutered or is less than nine (9) months of age, a fee of two dollars ($2.00), and
2. 
For a cat nine (9) months of age or older that has not been spayed or neutered, a fee of fifteen dollars ($15.00).
C. 
If a license for a dog or cat expires because another rabies vaccination certificate is not presented to the City Clerk before the end of the time the earlier vaccination certificate indicates the vaccine is effective, that license shall be void. Any new license for the same dog or cat requested after the earlier license is void shall be issued only after all license requirements are met, another license fee is paid, and the metallic dog tag or cat tag issued with the earlier license is returned to the City Clerk. A new metallic tag shall be issued with the new license.
[1]
State Law Reference — See RSMo., § 273.010.
[Ord. No. 1738 § 2, 6-21-1993]
As used in this Article, "owner" means any person, firm or corporation owning, harboring or keeping a dog or cat. As used in this Article, "dog" shall mean any dog of either sex, and "cat" shall mean any cat of either sex.
[Ord. No. 1040 § 2, 6-15-1974; Ord. No. 1358 § 9, 3-30-1987; Ord. No. 1594 § 4, 1-21-1991; Ord. No. 3052, 4-20-2020[2]]
It shall be the duty of each person who owns a dog or cat more than five (5) months of age to obtain the license required in Section 4-10 on or before the first (1st) day of January in each year, or upon acquiring ownership or possession of any unlicensed dog or cat of more than five (5) months of age, or upon establishing residence in the City and being the owner of a dog or cat of more than five (5) months of age.
[1]
State Law Reference — For state local option dog tax, see RSMo., §§ 273.040 to 273.180.
[2]
Editor's Note: The date in this Section was amended by implication to match the date set out by Ord. No. 3052 from June to January.
[Ord. No. 1738 § 3, 6-21-1994]
A. 
No license shall be issued for a dog or cat which has not been vaccinated with a vaccine against rabies as provided in this Section. Vaccinations shall be performed only by a doctor qualified to practice veterinary medicine in the State in which the dog or cat is vaccinated. A veterinarian who vaccinates a dog or cat to be licensed in the City or which is licensed in the City shall complete in duplicate a certificate of vaccination for each such vaccination. One (1) copy of the certificate shall be issued to the dog owner or cat owner for affixing to the receipt, and one (1) copy shall be retained in the veterinarian's files.
B. 
The rabies vaccination required in Subsection (A) for a dog or cat shall be effective for at least one (1) or more full months beyond January first (1st) in the year the license is to be issued, or one (1) or more full months beyond when the license is applied for, whichever is later. However, if the rabies vaccination is not effective during the full period for which the license is to be issued, then the dog or cat shall, before the end of the period for which the vaccine is effective, be vaccinated against rabies another time with a vaccine that will be effective for the remainder of the period for which the license was issued. The provisions of Subsection (A) shall apply to the subsequent vaccination as well.
[Ord. No. 3052, 4-20-2020[1]]
[1]
Editor's Note: The date in this Section was amended by implication to match the date set out by Ord. No. 3052 from June to January.
[Ord. No. 1040 § 5, 6-15-1974; Ord. No. 1358 § 11, 3-30-1987; Ord. No. 1594 § 6, 1-21-1991]
Once all the requirements for issuance of a dog license or cat license have been met, the City Clerk shall execute a receipt in duplicate. He shall deliver the original receipt to the person obtaining the license, and shall retain the duplicate of the receipt. The receipt shall state the number of the license, the date of issuance, the name and address of the owner and a description of the licensed dog or cat. The City Clerk also shall deliver to the dog owner or cat owner a metallic tag, to be affixed to the collar of the dog or cat. The City Clerk shall procure a sufficient number of suitable metallic tags, with sunken letters and numbers, stating the license number and the year of issuance. The shape of the tags shall be different for each license year. The City Administrator may choose whether or not to have the same color and shape of tags for both dogs and cats.
[Ord. No. 1040 § 6, 6-15-1974; Ord. No. 1358 § 12, 3-30-1987; Ord. No. 1594 § 7, 1-21-1991]
The dog owner and cat owner shall cause the metallic tag to be affixed by a permanent metal fastening to the collar of the dog or cat so licensed, in such a manner that the tag may be easily seen by the Code Enforcement Officer or Police Officers of the City. All dogs over the age of five (5) months within the City shall wear a collar with the metallic tag affixed to said collar. All cats over the age of five (5) months within the City shall wear a collar with a metallic tag affixed to said collar, provided that such collar and tag shall not be required to be worn by a cat while it is inside an enclosed building.
[Ord. No. 1040 § 10, 6-15-1974; Ord. No. 1358 § 13, 3-30-1987; Ord. No. 1594 § 8, 1-21-1991]
In case any metallic dog tag or cat tag is lost, a duplicate may be issued by the City Clerk upon presentation of a receipt showing the payment of the license fee for the current year. A charge of twenty-five cents ($.25) shall be made for each such duplicate tag.
[Ord. No. 1040 § 16, 6-15-1974; Ord. No. 1358 § 14, 3-30-1987; Ord. No. 1594 § 9, 1-21-1991]
It is unlawful to counterfeit or attempt to counterfeit the metallic tags provided for in this Article. It further is unlawful to take, remove or cause to be taken or removed from any dog or cat the metallic tag or collar placed upon the animal by its owner, without the consent of the owner or keeper thereof.
[Ord. No. 1040 § 17, 6-15-1974; Ord. No. 1358 § 15, 3-30-1987; Ord. No. 1594 § 10, 1-21-1991]
No metallic tag for a dog or cat shall be placed on any animal except the one for which it is issued. No metallic tag is transferable, and no refund or reimbursement shall be made on any fee for any reason.
[Ord. No. 1040 § 3, 6-15-1974; Ord. No. 1527 § 2, 2-19-1990; Ord. No. 1942 § 1, 1-20-1997; Ord. No. 2270 § 1, 12-15-2003]
A. 
Except as provided in Subsection (B), it shall be unlawful for the owner of any dog to fail to prevent or fail to keep such dog from being off the premises of the owner, whether licensed or not, at any time within the City, unless the dog is secured by a leash of sufficient strength to restrain the particular dog and under the control of a person physically capable of restraining the dog with the leash. Any dog found off the premises of its owner in violation of this Section may be impounded by the Code Enforcement Officer or any Police Officer of the City. A dog found off the premises of its owner in violation of this Section shall be considered to be "running at large" for purposes of this Article.
B. 
In any dog running area designated in this Subsection, it shall not be required that a dog be secured by a leash as provided in Subsection (A) of this Section. A dog's owner shall be guilty of an offense if the dog, while in a designated dog running area, is not with or under the control of the dog's owner, the owner's agent or a member of the owner's family. Activities that are permitted within a dog running area include, but are not limited to, exercising a dog, playing with a dog and dog training. The following areas within the City are hereby designated as dog running areas:
1. 
The area immediately around and including the north pond in the City Recreation Park but excluding the ball fields;
2. 
The area north of the City water plant lime ponds; and
3. 
All of Nathan A. Toalson Bicentennial Park.
Dog running areas shall be marked by one (1) or more signs.
[1]
State Law Reference — As to impounding dogs running at large, see RSMo., §§ 79.400 and 273.100.
Cross Reference — For similar provisions, see §§ 4-1, 4-24 and 4-25 of this chapter; for definition of "owner," see § 4-10.1. As to parks, see chapter 21.
[Ord. No. 1040 § 7, 6-15-1974; Ord. No. 1358 § 16, 3-30-1987; Ord. No. 1594 § 11, 1-21-1991]
It shall be the duty of the Code Enforcement Officer and all Police Officers to take up and impound any dogs found in the City running at large within the City limits, and to take up and impound any dogs or cats within the City limits which are not wearing collars with metallic tags affixed as provided for in this Article. To enforce this Article, the Code Enforcement Officer and Police Officers are empowered and instructed to enter upon any private premises where they have reasonable cause to believe there is an unlicensed dog or cat or a dog running at large. Such animals shall be impounded in the City Pound.
[1]
State Law Reference — See RSMo., § 273.100 as to impounding.
Cross Reference — For similar provisions, see § 4-4 of this chapter.
[Ord. No. 1040 § 8, 6-15-1974; Ord. No. 1086 § 1, 8-15-1977; Ord. No. 1358 § 17, 3-30-1987; Ord. No. 1594 § 12, 1-21-1991; Ord. No. 2379 § 2, 11-21-2005; Ord. No. 2732 § 2, 7-15-2013]
Any dog or cat may be redeemed from the City Pound by the owner within five (5) days after impounding by the payment to the City Clerk of the dog license fee or cat license fee for the current year, if such dog or cat is unlicensed but vaccinated and payment to the City Clerk of an impoundment fee of twenty dollars ($20.00), plus fifteen dollars ($15.00) for each day or part thereof that the dog or cat is confined in the City Pound, for the cost of care and feeding such animal.
[1]
State Law Reference — See RSMo., § 273.100 as to impounding.
Cross Reference — See § 4-5 of this chapter.
[Ord. No. 1040 § 9, 6-15-1974; Ord. No. 1358 § 18, 3-30-1987; Ord. No. 1594 § 13, 1-21-1991]
An impounded dog or cat shall be released to any owner claiming the dog or cat upon the owner's presentation of a correct license tag and a receipt for a dog license or cat license for the current year and for the fees provided for impoundment. If no dog license or cat license has been obtained and cannot at that time be obtained because the impounded animal has not been vaccinated in accordance with this Article, then the animal may not be released until the owner has paid to a licensed veterinarian his fee for a rabies vaccination for said animal as required by Section 4-10 and has paid the above fees. Upon payment of the vaccination fee and other fees, the dog or cat shall be released to the owner on the condition that the vaccination be administered within five (5) days of the animal's release from the City Pound. The animal shall be subject to later impoundment if the vaccination has not been administered within that time period.
[Ord. No. 1040 § 11, 6-15-1974; Ord. No. 1358 § 19, 3-30-1987; Ord. No. 1594 § 14, 1-21-1991; Ord. No. 1705 § 1, 10-19-1992; Ord. No. 2298 § 1, 5-17-2004]
Any dog or cat that is not claimed by the owner as provided in this Article within five (5) days after impounding shall be disposed of by the Code Enforcement Officer by releasing the animal to the Central Missouri Humane Society.
[1]
State Law Reference — For similar provisions, see RSMo., §§ 273.400 — 273.405.
Cross Reference — For similar provisions, see § 4-6 of this chapter.
[Ord. No. 1040 § 12, 6-15-1974; Ord. No. 1358 § 20, 3-30-1987; Ord. No. 2486 § 2, 10-15-2007]
There is hereby created and established the office of Code Enforcement Officer. He or she shall be appointed by the Mayor, with the advice and consent of a majority of the members of the Board of Aldermen. The Code Enforcement Officer shall serve at the pleasure of the Mayor and the Board of Aldermen. The Code Enforcement Officer also may be disciplined or dismissed pursuant to Section 22-55. The compensation of the Code Enforcement Officer shall be such sum as from time to time the Board of Aldermen shall fix by ordinance, payable biweekly. It shall be the duty of the Code Enforcement Officer to enforce all provisions of this Chapter and such other ordinances as directed by ordinance or by the City Administrator.
[1]
State Law Reference — For similar provisions, see RSMo., §§ 79.230 and 79.250.
Cross Reference — For similar provisions, see §§ 2-25, 2-27, 2-28, 2-29, 2-31, 2-33, 2-40, 19-4d 22-18 of this code. Also see § 6-7 of this code.
[Ord. No. 1040 § 13, 6-15-1974]
No female dog in heat, no dog of vicious habits or likely to cause injury to any person and no dog which habitually chases automobiles shall be allowed by its owner to run at large. Any such dog shall be taken up and impounded, and release of the dog shall be only after payment of the impoundment and license fees and any board bill.
[1]
Cross Reference — See § 4-18 of this chapter.
[Ord. No. 1040 § 14, 6-15-1974; Ord. No. 1943 § 1, 1-20-1997; Ord. No. 2073 § 1, 5-17-1999]
A. 
It shall be unlawful for any person to keep or harbor any dog which frequently or continually barks or cries so as to disturb the peace of any person who resides within three hundred (300) feet of the boundary line of the property where such person is keeping or harboring such dog.
B. 
It shall be unlawful for the owner of any dog or cat to fail to prevent or keep such dog or cat from doing or causing damage to any lawn, flower, plant, garden or other property of a person other than such owner.
C. 
Except as provided in Subsection (F), it shall be unlawful for the owner of any dog or cat to fail to prevent or keep such dog or cat from attacking, biting, scratching or injuring in any way any person or domestic animal, including a dog or cat.
D. 
Except as provided in Subsection (F), it shall be unlawful for the owner of any dog to fail to prevent or keep such dog, while off the premises of the owner of the dog and not on a leash controlled by a person and not being physically restrained by a person, from doing any of the following acts in a menacing fashion or apparent attitude of attack: chasing, charging toward, approaching or snapping at any person, whether or not the person was injured. "Being physically restrained" means holding the dog's collar or harness or holding the dog with a person's hands and arms.
E. 
It shall be unlawful for the owner of any dog or cat to fail to prevent or keep such dog or cat from defecating on any street right-of-way, alley or other public place, or on private property except private property owned or occupied by said dog owner or cat owner, unless the excrement is removed immediately from the said public property or private property by said dog owner or cat owner or the owner's agent or a member of the owner's family and then disposed of in a receptacle on the said owner's property or in a City receptacle on public property.
F. 
Defenses. It is a defense to any prosecution under Subsection (C) or Subsection (D) if any of the following circumstances apply: (1) When a person injured by the dog or cat was, at or near the time of the incident, committing or attempting to commit a trespass upon the property occupied by the owner of the dog or cat or was committing or attempting to commit a criminal act on such property. (2) When a person injured by the dog or cat or approached in a menacing fashion by the dog was, at or near the time of the incident, teasing, aggravating, abusing or assaulting the dog or cat, or the mate or offspring of the dog or cat, or was attempting to tease, aggravate, abuse or assault the dog or cat, or the mate or offspring of the dog or cat. (3) When a domestic animal injured by the dog or cat was, at or near the time of the injury, attacking or teasing the dog or cat, or the mate or offspring of the dog or cat. (4) When a domestic animal injured by the dog or cat was, at or near the time of the injury, upon the property occupied by the owner of the dog or cat. (5) When the dog or cat, at the time the incident in question happened, was responding to pain or an injury the dog or cat received.
[1]
Cross Reference — See §§ 4-18 and 4-2 (A) of this chapter. As to nuisance, see § 19-2.
[Ord. No. 1040 § 15, 6-15-1974; Ord. No. 1358 § 21, 3-30-1987]
It is unlawful for any unauthorized person to break open the City Pound or to attempt to do so, or to take or let out any animal therefrom, or to take or to attempt to take from the Code Enforcement Officer or any Police Officer any animal taken up in compliance with this Article, or in any manner to interfere with or hinder the Code Enforcement Officer or any Police Officer in the discharge of his duties under this Article.
[1]
Cross Reference — Also see § 4-7 of this chapter.
[Ord. No. 1944 § 1, 1-20-1997]
It shall be unlawful for any person to open a door or gate of any structure, fence, pen or other enclosure, or to open, loosen, untie or cut any chain, rope or leash, for the purpose of setting loose to run at large a dog not owned or kept by such person.
[1]
Cross Reference — For similar provisions, see § 4-18 of this chapter.
[Ord. No. 1988 § 1, 1-19-1998]
It shall be unlawful for a person to willfully tease or aggravate a dog or cat, by actions or words, or to willfully shoot projectiles at or toward a dog or cat, or to willfully throw objects at or toward a dog or cat, unless such person is reasonably defending himself/herself or a domestic animal or another person from attack by said dog or cat.
[Ord. No. 1040 § 18, 6-15-1974; Ord. No. 1358 § 22, 3-30-1987]
Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog or cat to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog or cat running at large during the time fixed in the proclamation may be impounded by the Code Enforcement Officer or any Police Officer without notice to the owner.
[1]
State Law Reference — As to destruction of dogs when at large contrary to ordinance, see RSMo., § 79.400 (5). Also see RSMo., § 322.040.
[Ord. No. 1040 § 19, 6-15-1974; Ord. No. 1358 § 23, 3-30-1987; Ord. No. 1594 § 15, 1-21-1991; Ord. No. 1988 § 2, 1-19-1998]
Any dog or cat which cannot be safely taken up and impounded as provided in this Article may be killed by the Code Enforcement Officer or any Police Officer of the City if in his/her judgment such is reasonably necessary and if such dog or cat is injuring any person or domestic animal. Otherwise, a dog or cat which cannot safely be taken up and impounded may be killed by the Code Enforcement Officer or Police Officer only when necessary and by method approved by the American Veterinary Medical Association's Panel on Euthanasia.
[Ord. No. 1040 § 20, 6-15-1974; Ord. No. 1113 § 1, 2-13-1978; Ord. No. 1358 § 24, 3-30-1987; Ord. No. 1594 § 16, 1-21-1991; Ord. No. 1945 § 1, 1-20-1997; Ord. No. 2073 § 2, 5-17-1999; Ord. No. 2379 § 3, 11-21-2005]
A. 
Except as provided below in Subsection (B), any dog or cat which bites, injures or attacks any person or any domestic animal, including a dog or cat, shall be taken up and impounded by the Code Enforcement Officer or any Police Officer of the City for a period of ten (10) days, the expense thereof to be paid by the person possessing, owning or otherwise having under that person's control such dog or cat. If at the end of ten (10) days the dog or cat does not develop or manifest rabies, it may be redeemed by the owner upon payment of the impoundment fee of twenty dollars ($20.00) and a boarding fee of fifteen dollars ($15.00) per day or part thereof that the dog or cat is confined in the City Pound. If the dog or cat is not licensed, the provisions of Sections 4-20 and 4-21 also shall be met before the dog or cat may be released. If such dog or cat is not redeemed within three (3) days after the expiration of the ten-day period, it shall be disposed of as provided in this Article. If a dog or cat does develop rabies during the ten (10) days, it shall be immediately and humanely put to death by the Code Enforcement Officer, any Police Officer of the City or a licensed veterinarian.
[Ord. No. 2732 § 3, 7-15-2013]
B. 
The owner of a dog or cat that has bitten, injured or attacked any person or any domestic animal, including a dog or cat, may exercise the following options to the procedure outlined in Subsection (A) above. If the dog or cat owner informs the Code Enforcement Officer or Police Officer handling the matter that the owner desires to exercise one (1) of the options provided below, the dog or cat shall not be required to be impounded in the City Pound if the Code Enforcement Officer or Police Officer handling the matter determines that initial impoundment is not necessary for safety reasons before the owner exercises one (1) of the following options, provided that the Code Enforcement Officer or Police Officer shall have the authority to impound the dog or cat initially if deemed necessary.
1. 
If the dog or cat owner has been licensed and if the dog or cat owner produces to the Code Enforcement Officer or a Police Officer the certificate of vaccination for the animal showing that the vaccination was effective at the time of the animal bite, injury or attack, then the owner may keep the animal at the owner's residence on the following conditions: that the animal be examined by a licensed veterinarian before the animal is kept at the residence and again ten (10) days after the bite, injury or attack at the expense of the owner; and that between the two (2) examinations, the animal be confined inside an enclosed secure building or secure pen or restrained by a chain or rope attached to the animal's collar, which said chain or rope shall be securely anchored or fastened to an immovable object. If the dog or cat does develop rabies during the ten (10) day period, the owner shall notify the Police Department, which will then have the animal taken up and humanely put to death by the Code Enforcement Officer, a Police Officer or a licensed veterinarian. If the licensed veterinarian determines by the veterinarian's second (2nd) examination that the dog or cat has not developed or manifested rabies, then the animal shall be released to the owner after the City Administrator has been notified and given his written consent thereto. The owner shall be responsible for any expense for veterinary services performed by the licensed veterinarian.
2. 
Whether or not the dog or cat has been licensed, the owner further shall have the option to place the dog or cat with a licensed veterinarian in the City at the owner's expense for the ten (10) days. If the dog or cat does develop rabies during the ten (10) day period, the animal shall humanely be put to death by the Code Enforcement Officer, a Police Officer or a licensed veterinarian. If during such period of ten (10) days the dog or cat does not develop or manifest rabies, then the dog or cat so placed with the veterinarian, if it is licensed, may be released to the owner after the City Administrator has been notified and has given his written consent thereto. If a dog or cat placed with the licensed veterinarian does not develop or manifest rabies during the ten (10) day period but is unlicensed, then the animal may not be released to anyone but the Code Enforcement Officer or any Police Officer until a license has been obtained for said animal by the owner and the City Administrator's written consent has been obtained for the release. Any dog or cat released to the Code Enforcement Officer or any Police Officer shall be taken up and impounded in the City Pound. The owner shall be responsible for any expense for veterinary services performed by the licensed veterinarian.
[1]
State Law Reference — As to protection against rabies, see RSMo., § 322.010 et seq.
Cross Reference — As to procedure if dangerous dog bites or attacks person or animal, see § 4-35 of this chapter.
[Ord. No. 1632 § 2, 8-19-1991]
A. 
Notwithstanding any other provision of this Chapter, it shall be unlawful and a public nuisance for any person occupying or in charge of a residence to own, keep or allow to be kept more than four (4) dogs or four (4) cats, or any combination of such animals exceeding four (4) in number, over the age of five (5) months, at such residence unless the residence or any dogs and cats kept there are within either of the following exceptions:
1. 
The residence is on a lot with a kennel or is itself a kennel or other commercial animal establishment, and is located on a lot where such use is permitted by Chapter 31 of the Centralia City Code; or
2. 
All the dogs and cats more than five (5) months of age kept at the residence are licensed as required under this Article on or before the effective date of this ordinance (August 19, 1991) and the person occupying or in charge of the residence, upon request of the Code Enforcement Officer or any Police Officer, presents valid licenses and the dogs or cats for which said licenses are issued, except that no person shall be permitted to renew the dog or cat licenses for more than four (4) dogs and/or cats to be kept or allowed at a single residence.
B. 
When dogs and/or cats in excess of the limit established in this Section are found at a residence, any or all of the dogs or cats found at the residence may be removed by the Code Enforcement Officer or any Police Officer and taken to the City Pound and handled as stray animals. The person occupying or in charge of the residence may then come to the City Pound and designate and redeem any of said dogs and/or cats for that residence except that the number of dogs and/or cats redeemed, along with any other dogs or cats remaining at the residence, shall be equal to or below the limit of dogs and/or cats established in this Section. There shall be no impoundment fee or boarding fee if dogs or cats are removed from a residence because of a violation of this Section. Dogs or cats impounded for five (5) or more days because of being in excess of the number of dogs and cats allowed under this Section and not claimed may be disposed of under the provisions of Section 4-22.
[Ord. No. 1040 § 21, 6-15-1974; Ord. No. 1632 § 1, 8-19-1991; Ord. No. 1988 § 3, 1-19-1998; Ord. No. 2438 §§ 1 — 3, 1-15-2007]
A. 
Except as provided below, any person who violates any provision of Article I or Article II of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00).
B. 
Any person who violates any provision of Article I or Article II of this Chapter a second (2nd) time within two (2) years of the first (1st) violation shall, upon conviction, be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00).
C. 
Any person who violates any provision of Article I or Article II of this Chapter a third (3rd) or subsequent time within three (3) years of the previous violation 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).
D. 
Any person charged with violating any provision of Article I or Article II of this Chapter and who has a previous conviction within three (3) years of the date of the incident being prosecuted concerning a violation of a provision of Article I or Article II of this Chapter, must make a personal court appearance concerning the current charge and may not pay the fine and court costs to the Municipal Traffic Violations Bureau Clerk in lieu of a court appearance.
E. 
Any person who violates Subsection (C) of Section 4-25 by failing to prevent that person's dog or cat from biting, scratching or injuring in any way any person or domestic animal, including a dog or cat, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of five hundred dollars ($500.00).
F. 
Any person owning or keeping a dog previously designated as a dangerous dog under Article III of this Chapter or owning or keeping a dog previously determined to become subject to Article IV of this Chapter who violates any provision of Article II of this Chapter involving such a dog (other than for a violation of Subsection (C) of Section 4-25 involving that dog or a violation of Section 4-10 involving that dog) is guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than three hundred fifty dollars ($350.00) and not more than five hundred dollars ($500.00).
G. 
In addition to a fine being imposed as authorized above for a violation of Article II of this Chapter concerning a dog, the Municipal Court may order such dog humanely destroyed or permanently removed from the City if one (1) or both of the following factors is applicable, when such dog was previously designated as a dangerous dog under Article III of this Chapter:
1. 
The incident related to the current conviction for a violation of Article II of this Chapter involved the dangerous dog seriously injuring or killing a person or domestic animal.
2. 
The incident related to the current conviction for a violation of Article II of this Chapter involved the dangerous dog injuring a person or domestic animal, and it is determined by the judge that the dog has vicious propensities which present a significant, continuing threat to the public health, safety and welfare.
If the Municipal Court orders the humane destruction of such dog, the costs and expenses of such humane destruction shall be ordered paid by the person convicted of a violation of Article II of this Chapter. If the Municipal Court orders such dog permanently removed from the City and the person convicted fails to do so within ten (10) days of such order, the Police Department shall then seize and impound the dog for subsequent humane destruction.