[R.O. 1992 § 211.030; Ord. No.
2526-15 § 1, 2-3-2015; Ord. No. 2531-15 § 1, 2-17-2015; Ord.
No. 2766-19, 8-20-2019]
It shall be unlawful for more than three (3) dogs to be kept,
located or harbored at any household or business. No more than one
(1) of the three (3) dogs may be a pit bull or potentially dangerous
dog. Pit bull dogs or potentially dangerous dog may not be located
at any commercially zoned premises. This Section does not apply to
veterinarians, licensed dog breeders or pet stores. Puppies under
the age of four (4) months which were born to a dog which has a City
animal license shall be exempt from this Section.
[R.O. 1992 § 211.040; Ord. No.
2526-15 § 1, 2-3-2015]
A. Any person owning, possessing or keeping a dog shall keep the dog
securely confined behind a fence or otherwise restrained upon the
person's property by adequate means to prevent the dog's
escape, or shall effectively control the dog, whether on or off the
person's property, by means of a leash or other proper method
of supervised restraint from which the dog cannot escape.
B. Dogs shall not be confined in any manner for the purpose of preventing
legal access to public utility facilities or for the purpose of causing
the dog to be provoked by visitors in areas accessible to and commonly
used by visitors for legal access to the premises.
C. Direct-point chaining or tethering of dogs to a stationary object
is prohibited. Dogs may be restrained by means of a trolley system,
or a tether attached to a pulley on a cable run, if the following
conditions are met:
1.
Only one (1) dog may be tethered to each cable run. Dogs on
two (2) separate trolley systems shall not be close enough to become
entangled with each other.
2.
The tether must be attached to a properly fitting collar or
harness worn by the dog, with enough room between the collar and the
dog's throat through which two (2) fingers may fit. Choke collars
and pinch collars are prohibited for purposes of tethering a dog to
a cable run.
3.
There must be a swivel on at least one (1) end of the tether
to minimize tangling of the tether.
4.
The tether and cable run must be of adequate size and strength
to effectively restrain the dog. The size and weight of the tether
must not be excessive, as determined by the animal services officer,
considering the age, size and health of the dog.
5.
The cable run must be at least ten (10) feet in length and mounted
at least four (4) feet and no more than seven (7) feet above ground
level.
6.
The length of the tether from the cable run to the dog's
collar should allow access to the maximum available exercise area
and should allow continuous access to water and shelter. The trolley
system must be of appropriate configuration to confine the dog to
the owner's property, to prevent the tether from extending over
an object or an edge that could result in injury or strangulation
of the dog, and to prevent the tether from becoming entangled with
other objects or animals.
D. An electronic containment device may be used as a primary containment
measure. Such area for containment shall not be in the front yard
facing the street or main entrance to the premises. Signs stating
"pet contained by electronic device" or similar language using a trade
name, shall be conspicuously posted and maintained at the perimeter
(each side) of the area for purposes of public notice. Such signs
shall be a minimum of six (6) inches by eight (8) inches and one (1)
of the signs shall be visible from the roadway or entry to the premises
if possible. Signs shall be a maximum of ten (10) inches by ten (10)
inches. Pit bull dogs and potentially dangerous dogs shall not be
allowed to be contained by electronic containment. Such electronic
containment device shall be maintained in good operating condition.
[R.O. 1992 § 211.050; Ord. No.
2526-15 § 1, 2-3-2015]
A. All dogs shall have continuous access to a structurally sound, moistureproof
and windproof shelter large enough to keep the dog reasonably clean
and dry. A shelter which does not protect the dog from temperature
extremes or precipitation, or which does not provide adequate ventilation
or drainage, shall not comply with this Section.
B. A dog's shelter and bedding and other accessible space shall
be maintained in a manner which minimizes the risk of the dog contracting
disease, being injured or becoming infested with parasites.
C. It shall be unlawful for any person keeping or harboring any dog
to fail, refuse or neglect to provide such dog with clean, fresh,
potable water adequate for the dog's size, age, and physical
condition. This water supply shall be either free flowing or provided
in a removable receptacle that is weighted or secured to prevent tipping.
D. It shall be unlawful for any person keeping or harboring any dog
to fail, refuse or neglect to provide such dog with wholesome foodstuff
suitable for the dog's physical condition and age and in sufficient
quantities to maintain an adequate level of nutrition for the dog.
E. The enclosure or confinement area for a dog shall encompass sufficient
usable space to keep the animal in good condition. When a dog is confined
outside by means of an enclosure or an electronic containment device,
the following minimum space requirements shall be met:
1.
Large Dog. For a dog that is larger than twenty (20) inches
at the withers or that weighs more than fifty (50) pounds, the minimum
confinement area per dog is one hundred (100) square feet.
2.
Medium Dog. For a dog that is larger than twelve (12) inches
at the withers and up to twenty (20) inches at the withers or that
weighs over twenty (20) pounds and up to fifty (50) pounds, the minimum
confinement area per dog is eighty (80) square feet.
3.
Small Dog. For a dog that is twelve (12) inches or less at the
withers or that weighs twenty (20) pounds or less, the minimum confinement
area per dog is fifty (50) square feet.
[R.O. 1992 § 211.060; Ord. No.
2526-15 § 1, 2-3-2015]
It shall be unlawful for any person to keep on his/her premises,
or under his/her control, any dog which by loud and frequent barking
and howling shall disturb the reasonable peace and quiet of any person.
[R.O. 1992 § 211.070; Ord. No.
2526-15 § 1, 2-3-2015; Ord. No. 2766-19, 8-20-2019]
A. Potentially Dangerous Dogs Designation.
1.
Dogs shall be designated as potentially dangerous dogs if:
a.
Without provocation, it attacks or bites a person engaged in
a lawful activity and any injury caused is minor in nature so as not
to require stitches for treatment.
b.
While off the property of its owner and without provocation,
it injures another domesticated animal and such injury is minor in
nature.
c.
Without provocation while not on a leash and under the control
of its owner or custodian, it chases, confronts or approaches a person
on a street, sidewalk or other public property in a menacing fashion
such as would put a reasonable person in fear of attack.
d.
Acts in a manner which the owner knows, or reasonably should
know, is an indication that the dog is dangerous and is not merely
being protective in a particular set of circumstances.
e.
Has been declared dangerous, or has been given some other designation,
by another governmental body under circumstances that would meet the
grounds for dangerous dog designation under the provisions of this
Article.
f.
It is a pit bull dog (as defined herein). Identification by
the Animal Control Officer shall establish prima facie proof and shall
create a rebuttable presumption that a dog is a pit bull dog.
g.
Designation as a potentially dangerous dog shall be made in
the opinion of the Animal Control Officer and subject to appeal as
set forth herein. In the event the Animal Control Officer designates
a dog as potentially dangerous, a written notice shall be given to
the owner or posted at the residence.
h.
Any dog designated as a potentially dangerous dog shall not
be allowed to remain in the City until the owner complies with the
requirements of this Section or during any pending appeal of such
designation.
B. Permit And Registration. A potentially dangerous dog may be kept
within the City limits only so long as the registered owner or custodian
complies with the requirements and conditions herein. The owner of
a potentially dangerous dog shall comply with all other requirements
for licensing and rabies vaccination. In addition, a potentially dangerous
dog owner shall provide proof from a licensed veterinarian or other
proof sufficient to the Animal Control Officer that all potentially
dangerous dogs have been spayed or neutered. This proof shall be provided
within sixty (60) days of the initial licensing of the potentially
dangerous dog or the designation as a potentially dangerous dog. In
the event this proof is not provided, the license shall be revoked,
and the animal immediately removed from the City limits.
C. Appeals.
1.
An appeal of a designation as a potentially dangerous dog or
any other appeal called for herein may be made upon written request
to the City within ten (10) days.
2.
A hearing to consider such appeals shall be held within ten
(10) business days from the time of such appeal. Such appeals shall
be held before the Animal Control Board.
3.
The owner of a dog that has been identified as a pit bull under
this Section shall have the right to an administrative appeal of the
breed designation by submitting a request for a hearing to the City,
in writing, within ten (10) days. Failure to make administrative appeal
as set forth herein shall make such determination final and conclusive
for all purposes. A hearing to consider such appeal of pit bull designations
herein shall be conducted by the Animal Control Board. The board shall
make a final determination of the dog's breed or predominant
breed characteristics.
4.
Appeals to the Animal Control Board regarding the requirements for keeping potentially dangerous dogs [Subsection
(B) herein] may be made at any time. At such hearings the owner of the dog may present any evidence regarding such, including temperament testing results or reports. The decisions of the Animal Control Board regarding such requirements shall be final.
D. Violations.
1.
Failure To Comply. Failure to comply with properly licensing
a pit bull dog or any other potentially dangerous dog registration
requirement or permit conditions shall be a violation and may result
in the issuance of a citation and/or warrant to seize the owner's
dog if such dog is not voluntarily surrendered or removed from the
City or brought into compliance. In the event the owner of a potentially
dangerous dog fails to comply with the requirements of this Article,
the Animal Control Officer may declare the dog to be vicious based
upon such failure(s).
2.
Violations Other Than Cruelty Violations. Permits to keep a
potentially dangerous dog within the City shall be revoked upon the
owner's second conviction or guilty plea for violation of the
City's animal code provisions other than cruelty violations.
If the permit(s) is revoked, a warrant to seize the potentially dangerous
breed may be served on the owner if the dog is not removed from the
City limits. In addition, the owner shall lose their right to register
any potentially dangerous dog within the City for a period of two
(2) years.
3.
Cruelty Violations. Upon conviction for any animal cruelty charge,
the owner of a potentially dangerous dog shall lose their potentially
dangerous dog permit and shall lose their right to register or possess
any potentially dangerous dog within the City for a period of ten
(10) years. A warrant may be obtained to seize the owner's potentially
dangerous dog(s) pending adjudication of the cruelty violation citation.
Upon conviction for animal cruelty and revocation of the potentially
dangerous dog permit, the owner's potentially dangerous dog must
be removed from the City limits or surrendered to the Animal Control
Officer.
4.
Impoundment Pending Declaration. Upon reasonable suspicion that
a dog is dangerous and poses a serious threat to public health or
safety, the Animal Control Officer, or appointed designee, may seek
a warrant, if necessary, to seize the dog for quarantine at a veterinary
clinic or for impoundment at the animal services facility, pending
the dangerous dog declaration process.
[R.O. 1992 § 211.080; Ord. No.
2526-15 § 1, 2-3-2015]
A. It shall be unlawful for any person to keep within the City limits
any vicious dog.
B. A dog is considered vicious for purposes of this Section if it:
1.
Causes death or serious physical injury which requires stitches
or more serious treatment to a person engaged in a lawful activity.
2.
On two (2) or more occasions, attacks or bites without provocation
a person engaged in a lawful activity or on one (1) occasion a potentially
dangerous dog attacks or bites a person engaged in a lawful activity.
3.
On more than one (1) occasion, while off the property of its
owner and without provocation, injures another domesticated animal.
4.
Without provocation, kills a domesticated animal.
5.
Trains for dog fighting or is owned or kept for the purpose
of dog fighting.
6.
The owner of a potentially dangerous dog fails to notify the
City in the event such dog causes any human injury, injury to any
other animal or in the event such dog is loose from its confinement.
[Ord. No. 2806-20, 6-2-2020]
7.
The owner of a potentially dangerous dog fails to comply with
the requirements of this Article for the keeping of potentially dangerous
dogs.
8.
Has been declared vicious, or has been given some other designation,
by another governmental body under circumstances that would meet the
grounds for vicious dog designation under the provisions of this Article.
C. Impoundment Pending Declaration. Upon reasonable suspicion that a
dog is vicious and poses a serious threat to public health or safety,
the Community Service Official or appointed designee, may seize the
dog for quarantine at a veterinary clinic or for impoundment at another
facility pending the vicious dog declaration process.
[Ord. No. 2806-20, 6-2-2020]
D. Declaration As Vicious Dog. In instances where the dog is declared
vicious, the Community Service Official or any other member of the
Administration Department shall, within forty-eight (48) hours, notify
the owner of the dog, in writing, either person or posted at the owner's
or custodian's last known address, that the dog has been determined
to be a vicious animal, the reasons for the declaration and, if applicable,
that the dog has been quarantined or impounded by animal services.
The owner shall have twenty-four (24) hours from delivery of the notice
to contact the City and comply with the Chapter by removing the dog
from the City limits or by having the dog euthanized.
[Ord. No. 2806-20, 6-2-2020]
E. Appeal. The notice shall also inform the owner or custodian of the
dog that a hearing to contest the declaration shall be held before
the Animal Control Board if a request for a hearing is submitted,
in writing, to the City within five (5) working days from receipt
of the notice of vicious dog declaration.
F. Status Pending Hearing. Once notice of vicious dog designation has
been given, the dog shall be considered vicious unless, and until
such time as, the declaration is overruled by the Animal Control Board.