[Ord. No. 2073 § 4, 5-17-1999; Ord. No. 2530 § 1, 5-19-2008]
A. 
A dog of any size, weight or breed kept within the City becomes subject to the requirements set forth in Section 4-39 if a Police Officer, the Code Enforcement Officer or the City Administrator determines that the dog has committed any of the following acts:
1. 
A dog which has, while off the premises of the dog's owner and not on a leash controlled by a person and not being physically restrained by a person, done any of the following acts in a menacing fashion or apparent attitude of attack: chased, charged toward, approached or snapped 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.
2. 
A dog which has, while off the premises of the dog's owner, caused in any way an injury to a domestic animal that is less serious than a serious injury. "Serious injury" means an injury caused by the dog biting and/or scratching and/or otherwise injuring the domestic animal, resulting in the domestic animal having one (1) or more broken bones, or having lacerations requiring multiple stitches or sutures, or having another serious type of injury sufficient to require at least twenty-four (24) hour hospitalization of the domestic animal at a veterinary clinic.
B. 
A determination may be made by a Police Officer, the Code Enforcement Officer or the City Administrator that a dog not become subject to the requirements set forth in Section 4-39 when any of the following circumstances are found to apply:
1. 
When a person approached in a menacing fashion by a dog was, at or near the time of the incident, teasing, aggravating, abusing or assaulting the dog, or the mate or offspring of the dog, or was attempting to tease, aggravate, abuse or assault the dog or the mate or offspring of the dog.
2. 
When a domestic animal injured by the dog was, at or near the time of the injury, attacking or teasing the dog or its mate or its offspring.
3. 
When the dog, at the time the incident in question happened, was responding to pain or an injury the dog received.
[Ord. No. 2073 § 5, 5-17-1999]
A. 
A Police Officer, the Code Enforcement Officer or the City Administrator may determine that a dog becomes subject to the requirements set forth in Section 4-39 upon a finding that a dog comes under the provisions of Section 4-37 based upon one (1) or more of the following:
1. 
Actions of a dog personally witnessed by a Police Officer, the Code Enforcement Officer or the City Administrator.
2. 
Findings of guilt by a judge or pleas of guilt by a person in Municipal Court or State Court involving a dog.
3. 
Police records of dog incidents, if deemed reliable and sufficient without additional information, or supplemented by additional information obtained later. Such Police records include records involving cases prosecuted in State Court or Municipal Court.
4. 
A written, acknowledged statement from a person who states under oath that said person has personally witnessed the actions of a dog that come within the provisions of Section 4-37, if deemed reliable and sufficient.
B. 
If a Police Officer, the Code Enforcement Officer or the City Administrator determines that a dog comes within the provisions of Section 4-37, then that determination shall be made in a written notice which shall include the following information:
1. 
A description of the dog, including breed, color and gender if known;
2. 
The name and address of the dog's owner, if known;
3. 
The dog's license tag number (if any);
4. 
The facts upon which the person made the determination that the dog comes under the provisions of Section 4-37; and
5. 
The current location of the dog if different from the owner's address.
The written notice shall also state the additional requirements that the owner of such dog must comply with as set forth in Section 4-39, along with the possible penalties for violating those requirements. The written notice shall inform the owner that the owner must begin complying with the requirements on a date set forth in the notice, which shall be no later than thirty (30) days from the date the written notice is delivered. The written notice also shall state that the owner of said dog has the right to contest the facts by filing a written request with the City Clerk within five (5) days, for an informal hearing before a Hearing Board composed of the Mayor and two (2) Aldermen.
C. 
The written notice concerning the dog shall be personally delivered to the dog's owner or to a member of the dog owner's family or household seventeen (17) years of age or older. The owner of said dog may within five (5) days from the date of delivery of the notice file with the City Clerk a written request for an informal hearing before a Hearing Board composed of the Mayor and two (2) Aldermen to contest the facts and the determination that the owner's dog comes under the provisions of Section 4-37. The two (2) Aldermen to hear the informal appeals with the Mayor shall be selected by the Board of Aldermen. A Hearing Board member selected by majority vote of the Hearing Board members shall preside at the informal hearing. If a written request for an informal hearing before the Hearing Board is filed with the City Clerk within the time permitted, the Hearing Board shall hold a hearing to determine if said dog comes under the provisions of Section 4-37. The City Clerk shall provide at least five (5) days' notice of the date, time and location of the hearing to the dog owner by personal delivery of the hearing notice to the owner or to a member of the dog owner's family or household seventeen (17) years of age or older, or by certified mail to the dog owner (with delivery presumed two (2) days after the date of mailing). The hearing shall be open to the public, and all interested persons (including City personnel) shall be given an opportunity to present evidence on the issue of whether the dog comes under the provisions of Section 4-37, provided that the Hearing Board may limit testimony and written evidence that appears to be cumulative or not relevant. The Hearing Board shall then decide at the conclusion of the introduction of the evidence at the hearing whether to uphold or set aside the determination that the dog comes under the provisions of Section 4-37. The decision of the Hearing Board shall be set forth in writing within five (5) days of the hearing date and a copy shall be given to the dog's owner and to the Police Department.
D. 
If a Police Officer, the Code Enforcement Officer or the City Administrator determines that the dog comes under the provisions of Section 4-37 and that determination is not contested within the time allowed, or if the Hearing Board after the informal hearing upholds the determination made by a Police Officer, the Code Enforcement Officer or City Administrator that the dog comes under the provisions of Section 4-37, then the owner of such dog and the dog are subject to all the provisions of this Article. Said dog shall be subject to the provisions of this Article for the remainder of its life while keep within the City, regardless of who owns the dog. The provisions set forth in this Article shall be required to be complied with by the dog's owner and the dog beginning on the date set forth in the above written notice, which date shall be no later than thirty (30) days from the date of delivery of the written notice as provided in Subsection (B) of this Section, or beginning on the date set by the Hearing Board in a decision where the Hearing Board upholds the determination made by a Police Officer, the Code Enforcement Officer or the City Administrator, which date shall be no later than thirty (30) days from the hearing date.
[Ord. No. 2073 § 6, 5-17-1999]
The owner of any dog that has been determined to come within the provisions of Section 4-37 of the Centralia City Code shall comply with the following provisions, beginning at the time as provided for in Section 4-38:
1. 
Confinement When Dog Owner Present And Observing Dog. When the dog owner is present on the dog owner's property with the dog, the dog may be kept confined outside a structure or pen if confined within an area completely fenced with a secure fence at least four (4) feet in height, provided that the dog owner is outside with the dog, observing the dog at all times. No leash shall be required.
2. 
Confinement When Dog Owner Not Present And Observing Dog. When the dog owner is not present on the dog owner's property with the dog, the dog shall be fenced as specified below or securely confined in an enclosed building or securely confined in a locked pen or other like locked enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. If confined in an enclosed building, the dog shall not be kept in any part of the enclosed building that would allow the dog to leave such building on its own. Further, the dog shall not be kept in any part of the enclosed building with open windows or where screen windows or screen doors are the only obstacle preventing the dog from leaving the building. If the dog is confined in a pen or other like enclosure, all gates or doors of the pen or enclosure shall be locked with a key or combination lock. Further, the pen or enclosure shall have secure sides of sufficient height and a secure top attached to the sides to prevent escape of the dog. Further the pen or enclosure shall either have a secure bottom or floor permanently attached to the sides, or the sides of the pen or enclosure shall be embedded in the ground no less than twenty-four (24) inches or be embedded into a concrete pad no less than four (4) inches. Further, the pen or enclosure shall be of such material and closed in such manner that the dog cannot leave the pen or enclosure on its own. Further, the pen or enclosure shall comply with all applicable zoning and Building Code provisions, but in addition shall be located at least ten (10) feet from any property line. As an alternative to the enclosed building or locked pen or other like locked enclosure, the dog shall be kept confined within an area completely fenced with a secure fence at least six (6) feet in height and either embedded in the ground no less than twenty-four (24) inches or with a twelve (12) inch wide and twenty-four (24) inch deep concrete pad embedded in the ground and located directly beneath the entire length of the fence sufficient to prevent the dog from escaping under the fence. No leash shall be required. A Police Officer or the Code Enforcement Officer shall be permitted to inspect the pen, enclosure or fence within which the dog is kept, at any time, to determine compliance with this provision.
3. 
Outside Of Confinement. The dog shall not be outside confinement as set forth above except under the following conditions:
a. 
The dog, while being transported on a short-term basis, may be kept within a vehicle, if all the vehicle's doors are shut and all the vehicle's windows are rolled up to a sufficient height to prevent escape of the dog. No muzzle shall be required.
b. 
The dog shall be secured on a leash of sufficient strength to restrain the dog and shall be not more than six (6) feet in length. The leash shall be physically controlled by a person capable of restraining the dog with a leash and shall not be attached to an object such as a tree, post or building. No muzzle shall be required.
4. 
Notification Of Escape Of Dog Or Injury Committed By Dog. The owner of the dog shall notify the Police Department immediately if the dog is running at large, or the dog has injured or killed another animal or a person.
[Ord. No. 2073 § 7, 5-17-1999; Ord. No. 2379 § 6, 11-21-2005; Ord. No. 2438 § 5, 1-15-2007]
A. 
Any person who violates any provision of this Article IV is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than three hundred fifty dollars ($350.00) and not more than five hundred dollars ($500.00).
B. 
In addition, if the person failing to comply with a provision of this Article continues not to be in compliance as of the Municipal Court date where the person pleads guilty or is found guilty, the Municipal Court may order the dog seized immediately by the Police Department and impounded in the City Pound for a period of thirty (30) days or the time necessary for the owner to show compliance with the provisions of this Article, whichever is shorter. If the owner has failed to show compliance with the provisions of this Article within the thirty-day period, then the dog shall be humanely destroyed unless the owner requests that the owner be allowed to remove the dog from the City and does permanently remove the dog from the City. If the owner shows compliance with the provisions of this Article within the thirty-day period, the owner may redeem the dog from the City Pound upon payment of the impoundment fee of twenty dollars ($20.00) and the boarding fee of fifteen dollars ($15.00) per day or part thereof that the dog is confined in the City Pound for the cost of care and feeding of such dog.
[Ord. No. 2732 § 6, 7-15-2013]
C. 
If the Municipal Court orders the impoundment of a dog, the costs and expenses of such impoundment shall be ordered paid by the person convicted of a violation of this Article IV.