[Ord. 10-2012, 13 § 1, passed 12-17-2012]
The Humane Officer, Assistant Humane Officer, Police Officer
or duly sworn animal enforcement officer.
When applied to the proprietorship of a dog, includes every
person having a right or property in such dog and every person who
keeps or harbors such dog or has it in his care or custody, and every
person who permits such dog to remain on or about any premises owned
or acquired by him.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
(a)
No person, being the owner of any dog, shall allow or permit such
dog to run at large at any time, whether it bears a proper license
tag or not, either upon any of the streets, alleys or public grounds
in the City, or upon the property of anyone other than the owner of
such dog, unless the dog is on a leash, tether, chain, rope or similar
device, the overall length of which (including the handgrip) does
not exceed six feet in length and is under the control of a person
physically capable of restraining the animal and obedient to that
person's commands.
(b)
No dog shall be left unattended on a leash, tether, chain, rope or
similar device, which is tied or otherwise fastened to any tree, pole
or post within the public limits of any street, alley or other public
property and the person in charge of such dog is not immediately adjacent
to it and in a position to control the actions and conduct of such
dog.
(c)
It shall be the duty of the owner of any dog, and the duty of the
parent or guardian of any minor owner of any dog, to keep the dog
securely tied, penned in an enclosure or otherwise confined upon the
property of the owner, in such a manner that the dog cannot break
loose and run at large over the streets, alleys and public grounds
in the City, or upon the property of anyone other than the owner of
such dog.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
It shall be the duty of the owner of any dog, while on the streets,
alleys or public grounds in the City, to have the dog under sufficient
control at all times so as to prevent the dog from entering upon the
property of any person in the City without the consent of the owner
of such property.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
The Humane Officer is hereby charged with properly and humanely
enforcing the provisions of this article and shall perform all other
duties which may be prescribed by the Mayor and/or Council.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
It shall be the duty of the Humane Officer to seize and detain
every dog, whether licensed or not, which is in violation of this
article. When the Humane Officer is in immediate pursuit of any such
dog, he is authorized and empowered to go upon any open private property
upon which the dog is trespassing in order to seize and detain such
dog.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
(a)
Any dog, whether bearing a proper license or not, seized and detained
under the provisions of this article, shall be properly kept and fed,
and immediate notice, either personal or by registered mail, shall
be given by the Humane Officer to the owner of the dog, or his agent,
directing the owner or agent to claim the dog in not more than three
days.
(b)
The owner of a licensed dog so detained shall pay all fines and costs
imposed by this article for the violation thereof and also the expense
of impounding and keeping the dog before the dog is returned. The
expense shall be $50. In the event of a reoccurrence of the violation
within a twelve-month period, the expense shall be $75 for the second
offense and $100 for any subsequent offenses.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
The Humane Officer shall keep an accurate and up-to-date record
of all animals received, returned or disposed of by him and of all
funds received by him in the performance of his duties, and shall
report the same each month to the Mayor and Council.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
All funds received as reimbursement from the State from the
sale of such dogs or as reimbursement for the per diem rate, shall
be divided at the rate of $45, $70 or $95 respectively for deposit
in the general fund for the use of the City; and $5 shall be paid
to the Humane Officer who impounded such dog.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
Any person who shall obstruct the Humane Officer or other person
appointed under this article in carrying out the provision of this
article, or who shall willfully or maliciously obstruct or molest
the Humane Officer in the seizure or transportation of dogs in violation
of this article, shall be liable upon conviction thereof, under the
penalties provided in this article.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
The Mayor is hereby authorized and empowered to enter into agreement
with any officially recognized humane society of the purpose of assisting
in carrying out the intent of this article. Without limiting the scope
of the preceding sentence, this shall be deemed to include finding
homes for dogs which have been seized under the provision of this
article, assisting in their destruction according to law, and cooperating
in every way with the Humane Officer.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
The City may provide a suitable pen or pound within or outside
of the City limits for the keeping of such dogs in violation of this
article. Council is hereby authorized to appropriate and expend such
funds as are deemed necessary for the maintenance of such pounds and
the keeping of such dogs.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
No person shall allow any dog or other domestic animal which,
by frequent barking and noisemaking, causes a noise disturbance by
making sounds continuously for a period of 10 minutes or makes noise
intermittently for 1/2 hour or more to the disturbance of any person
anytime of the day or night or a disturbance which shall interfere
with or deprive the peace, quiet, rest or sleep of any person within
the neighborhood; provided, however, that at the time the animal is
making such noise no person is trespassing or threatening to trespass
upon private property in or upon which the dog is situated or for
any other legitimate cause which teased or provoked the dog.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
(a)
It shall be unlawful for any owner to permit any dog to soil, defile,
defecate on or commit any nuisance on any common thoroughfare, sidewalk,
passageway, bypath, play area, park or any place where people congregate
or walk, or upon any public property whatsoever unless such owner
shall immediately remove all feces deposited by said dog and dispose
of the same upon his or her own property. It shall be unlawful for
any dog to soil, defile, defecate on or commit any nuisance on the
private property of another. The sidewalk and beauty strip is considered
public property for the purposes of this article.
(b)
Dog feces deposited upon private property shall not be permitted
to accumulate to the degree that it becomes a public health nuisance
or hazard. In such cases where dog feces are permitted to accumulate
on private property by the owner, any Sanitation-Housing Inspector
may, upon complaint or at his/her own initiative, conduct an investigation,
after which the accumulation may be declared a public health hazard
or nuisance and the owner shall be ordered to remove and dispose of
the accumulated feces in a sanitary manner.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
(a)
Any person violating any of the provisions of this article where
another penalty is not otherwise provided shall be fined not less
than $25 nor more than $300 and/or imprisoned not more than 90 days.
(b)
Whoever violates any provision of 701.13 shall, upon the conviction
thereof in a summary proceeding before any magisterial district judge,
pay a fine of not less than $25 nor more than $50 together with the
cost of prosecution for each and every offense, provided that each
day's violation of any such provision shall constitute a separate
offense.
