[R.O. 1996 § 210.160; Code 1985,
§ 73.200; CC 1990 § 4-31; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
The following words, terms and phrases,
when used in this Article, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
An animal of the feline species of either sex.
An animal of the canine species of either sex.
Any person, group of persons, corporation or partnership
owning, keeping or harboring five (5) or more dogs or cats of either
sex over the age of six (6) months in one (1) location within the
City limits.
A person, group of persons, corporation or partnership owning,
keeping or harboring a dog or cat.
A female dog or cat certified by a licensed veterinarian
to have been spayed.
[R.O. 1996 § 210.170; Code 1985,
§§ 73.210, 73.380(6); CC 1990 § 4-32; Ord. No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
The intent of this Article is to
require dog and cat owners, keepers, harborers or maintainers to comply
with the ordinances of this City and not merely to operate an impoundment
program. The enforcement of this Article shall, therefore, place primary
emphasis upon apprehending and initiating prosecution of violators
of this Article.
[1]
Editor's Note: Ord. No. 2002, adopted 11-24-08,
repealed § 210.180, Right To Enter, Inspect, Require Exhibition
Of License, in its entirety. Former § 210.180 derived from
Code 1985 § 73.230; CC 1990 § 4-33; Ord. No. 555
§ 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004.
[R.O. 1996 § 210.190; Code 1985,
§ 73.240; CC 1990 § 4-34; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
A.
It shall be unlawful for a person to hinder,
molest or interfere with any City employee authorized above in the
performance of his/her duties pursuant to this Article.
B.
Removing any animal capture equipment or
animal from a City vehicle by anyone other than an authorized City
employee shall be considered "interfering with an officer."
[R.O. 1996 § 210.200; Code 1985,
§ 73.360; CC 1990 § 4-44; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
It shall be unlawful for a dog or
cat owner to fail to keep his/her dog or cat under restraint at all
times which shall mean keeping the dog or cat within a fully enclosed
or fenced area from which it cannot escape, or on a leash or tether
of sufficient strength to confine the dog or cat to the yard or premises
of the owner, or is securely fastened to a leash of sufficient length
and strength to control the dog or cat and such leash is securely
held by a person capable of controlling the dog or cat.
[R.O. 1996 § 210.205; Ord. No. 2002, 11-24-2008]
A.
It shall be unlawful for a person to knowingly
release an animal if that person, acting without the consent of the
owner or custodian of an animal, intentionally releases any animal
that is lawfully confined for the purpose of companionship or protection
of persons or property or for recreation, exhibition or educational
purposes.
B.
The provisions of this Section shall not
apply to a public servant acting in the course of such servant's official
duties.
[R.O. 1996 § 210.210; Code 1985,
§ 73.370; CC 1990 § 4-45; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
Upon written formal complaint or
as witnessed during normal working hours, it shall be unlawful for
a person to permit a dog or cat to habitually bark, howl, whine or
in other ways be a public nuisance.
[R.O. 1996 § 210.215; Ord. No. 2002, 11-24-2008]
It shall be unlawful for an owner
of any animal to permit or allow it to defecate or deposit fecal matter
on or upon private property (other than the owner's property) or on
public walks, streets or recreation areas unless such waste is immediately
removed and properly disposed of in a sanitary manner by the owner
or the owner's agent.
[R.O. 1996 § 210.220; Code 1985
§ 73.380(1) — (5), (7); CC 1990 § 4-46; Ord. No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
A.
Any animal found to be in violation of
this Article or found not under restraint or abandoned may be picked
up and impounded by the Animal Control Officer. Impoundment may be
in any animal shelter designated by the Board of Aldermen.
B.
If the dog or cat wears a license tag or
if the owner can by any other reasonable means be identified and located,
the owner shall be notified as soon as possible that the dog or cat
has been impounded.
C.
Impounded animals shall be kept in accordance
with the City contract kennel.
E.
An owner redeeming a dog or cat from impoundment shall pay before release an impoundment fee as set forth in Section 210.130.
F.
It shall be unlawful for any person to adopt a dog or cat for the purpose of circumventing this Article, and it further shall be unlawful to engage in any fraudulent scheme, device or trick to obtain any animal from the animal shelter; it further shall be unlawful for any person to aid or assist such tricks, devices or schemes. Violators of this Section shall be punished in accordance with provisions of Section 100.110 of this Code.
[R.O. 1996 § 210.225; Ord. No. 2002, 11-24-2008]
A.
Any
dog with the following characteristics may be classified as dangerous:
1.
Any dog that has inflicted a severe or fatal injury on a human being
on public or private property. "Severe injury" means any physical
injury, resulting directly from a dog's bite, that results in broken
bones, lacerations requiring stitches, or in-patient hospitalization.
A victim who receives severe injuries must provide the Supervisor
of Animal Control a signed physician's statement documenting injury
and treatment qualifying such as a severe injury or sign an authorization
for release of such statement.
2.
Any dog that has killed a domestic animal, dog, or cat without provocation,
while off the owner's property.
3.
Any dog owned or harbored primarily or in part for the purpose of
dogfighting or any dog trained for dogfighting.
4.
Any dog that has bitten a human being without provocation on public
or private property other than the property of the owner.
5.
Any dog that, while on the owner's property, has bitten without provocation
a human being other than the owner or a member of the owner's family
who normally resides at the place where the dog is kept.
6.
Any dog that, when unprovoked, chases or approaches a person upon
the streets, sidewalks, or any public grounds or private property
other than the property of the owner, in a menacing fashion or apparent
attitude of attack, regardless of whether or not a person is injured
by such dog.
7.
Any dog with a known propensity, tendency or disposition to attack
unprovoked, to cause injury, or to otherwise threaten the safety of
human beings, domestic animals, dogs or cats.
B.
If the circumstances surrounding the classification as a dangerous dog under any of the definitions listed in Subsection (A) of this Section are in dispute, then the owner has the option of submitting, within five (5) working days, a written request to the Chief of Police for a hearing and possible appeal as follows:
1.
A hearing board, consisting of the Chair of the Police Advisory Board
or his/her designee, the Chief of Police and the Administration Division
Commander of the City's Police Department, or their delegates, shall
be convened within ten (10) working days after receipt of a bona fide
written request.
2.
Pending the outcome of such a hearing, the dog must be confined in
such a manner so as not to be a threat to any person. The confinement
may be on the owner's premises or with a licensed veterinarian.
3.
The hearing board shall determine whether to declare the animal to
be a dangerous dog based upon evidence and testimony presented at
the time of the hearing by the owner, in addition to witnesses, Animal
Control personnel, police or any other person possessing information
pertinent to such determination.
4.
The hearing board shall issue written findings within five (5) days
after the hearing. The owner or possessor of the animal found to be
dangerous shall be required to maintain the animal as provided in
this Section.
C.
Exemptions
to dangerous dog classification:
1.
With the exception of Subsection (A)(1) of this Section, no dog may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog; was teasing, tormenting, abusing, or assaulting the dog; has in the past been observed or reported to have teased, tormented, abused or assaulted the dog; or was committing or attempting to commit a crime or offense.
2.
With the exception of Subsection (A) of this Section, an Animal Control Officer may, because of extenuating circumstances, determine from the investigation of an incident, that an animal is not dangerous. However, the owner, being responsible for the dog, may be warned of the animal's tendencies and to take appropriate action to prevent subsequent incidents. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
3.
Dogs owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt from being classified
as dangerous.
D.
Actions
to be taken for dangerous dogs causing severe or fatal injuries:
E.
Owners'
Responsibilities. The following actions shall be required of owners
of dogs that have been declared dangerous dogs:
1.
Any dangerous dog that bites or scratches a human being and any dog
whose behavior immediately prior to or during an incident resulting
in the biting or scratching of a human being that is determined to
be dangerous, shall be impounded for a ten-day rabies quarantine at
the Municipal Animal Shelter or a veterinarian clinic within the City
limits of the City. Any dog impounded shall not be released to its
owner or keeper until the license and spay/neuter requirements of
this Article are complied with and the owner/keeper has paid all fines
and/or costs associated therewith.
2.
Any dangerous dog shall wear at all times a bright orange collar
with a large brightly colored metal tag attached to the collar so
the dog can readily be identified as a dangerous dog.
3.
The owner or keeper shall notify the Animal Control Unit immediately
if a dangerous dog is loose, unconfined, or missing, has attacked
another animal or has attacked a human being.
4.
The owner or keeper shall notify the Animal Control Unit within twenty-four
(24) hours if a dangerous dog has died or has been sold or given away.
If the dog has been sold or given away, the owner or keeper shall
provide the Animal Control Unit with the name, address and telephone
number of the new owner. The new owner, if the dog is kept within
the City limits of the City, must comply with the requirements of
this Section.
5.
While on the owner's property, a dangerous dog must be securely confined
indoors or in a securely enclosed and locked pen or structure, suitable
for preventing the entry of young children and designed to prevent
the animal from escaping. Such pen or structure must have minimum
dimensions of five (5) feet by ten (10) feet and must have secure
sides and a secure top. If it has no bottom secured to the sides,
the sides must be embedded into the ground no less than twelve (12)
inches. The enclosure must also provide protection from the elements
for the dog. The enclosure, when occupied by a dangerous dog, shall
not be occupied by any other animal. If the dangerous dog is a female
with a litter of puppies under three (3) months of age, the puppies
may occupy the same enclosure as the mother.
6.
No dangerous dog may be kept on a porch, patio or in any part of
a house or structure that would allow the dog to exit such building
on its own volition. In addition, no such animal may be kept in a
house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
7.
The owner or keeper shall display a sign on his/her premises that
there is a dangerous dog on the property. This sign shall be visible
and capable of being read from the public highway or thoroughfare
from which the property is entered. In addition, a similar sign is
required to be posted on the kennel or pen or fenced yard of such
animal.
8.
A dangerous dog may be off the owner's premises if it is muzzled
and restrained by a substantial chain or leash not exceeding six (6)
feet in length and under the control of a responsible person. The
muzzle must be made in a manner that will not cause injury to the
dog or interfere with its vision or respiration but must prevent it
from biting any person or animal.
9.
The owner or keeper of a dangerous dog shall present to the Animal
Control Unit proof that the owner or keeper has procured liability
insurance in the amount of at least three hundred thousand dollars
($300,000.00), covering the twelve-month period during which licensing
is sought. This policy shall contain a provision requiring the Supervisor
of Animal Control to be notified by the insurance company of any cancellation,
termination, or expiration of the policy.
10.
All owners or keepers of dangerous dogs must within ten (10) days
of such declaration provide the Supervisor of Animal Control two (2)
color photographs, one (1) showing the left profile and the other
showing the right profile, of the animal, clearly showing the color
and approximate size of the animal.
11.
All owners or keepers of dangerous dogs must have such dogs implanted
with an identifying microchip in a manner approved by the Supervisor
of Animal Control. Owners or keepers shall then provide the Supervisor
of Animal Control the microchip number, and shall notify the Supervisor
and the national registry applicable to the implanted chip of any
change of ownership of the dog, or any change of address or telephone
number. Any costs associated with the microchip shall be born by the
owner or keeper.
12.
It shall be unlawful for the owner or keeper of a dangerous dog within
the City to fail to comply with requirements and conditions set forth
in this Section. Any dog found to be the subject of a violation of
this Section may be, in addition to other penalties provided by ordinance,
subject to immediate seizure and impoundment for a minimum of ten
(10) days or the time necessary for the owner or keeper to show compliance
with this Section, whichever is shorter.
[R.O. 1996 § 210.230; Code 1985,
§ 73.390; CC 1990 § 4-47; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
It shall be unlawful for any owner
to fail to confine any female animal in heat within a building, in
such a manner that the animal will not be accessible to other animals
except for planned breeding.
[R.O. 1996 § 210.240; Code 1985,
§ 73.400; CC 1990 § 4-48; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
It shall be the duty of every licensed
veterinarian to report to the Animal Control Officer or Chief of Police
any animal considered by him/her to be a rabies suspect.
[R.O. 1996 § 210.250; Code 1985,
§ 73.410; CC 1990 § 4-49; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
It shall be the duty of the Animal
Control Officer or their designee to keep, or cause to be kept, accurate
and detailed records of the licensing, impoundment and disposition
of all animals coming into its custody. It shall be the duty of the
Animal Control Officer or their designee to keep, or cause to be kept,
accurate and detailed records of all bite cases reported to it and
its investigation of the same.
[R.O. 1996 § 210.260; Code 1985,
§ 73.420; CC 1990 § 4-50; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
Any owner redeeming a dog, cat or other animal from impoundment shall pay, before release, an impoundment fee, to be determined from time to time by the Board of Aldermen and as set forth in Section 210.130.
[R.O. 1996 § 210.270; Code 1985,
§ 73.430; CC 1990 § 4-51; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
If a dog or cat is found within the
City limits not under restraint and is impounded, a notice of violation
of this Code shall be delivered in person or sent by first class mail
to the owner, keeper, harborer or maintainer if known.
[R.O. 1996 § 210.280; Code 1985,
§ 73.250; CC 1990 § 4-52; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
Hospitals, clinics and other facilities operated by licensed veterinarians for the care and treatment of animals are exempt from all provisions of this Article, except Sections 210.180 and 210.190. The licensing provisions of this Article shall not apply to non-residents of the City unless they keep a dog within the City for more than thirty (30) days. However, non-residents shall be subject to the provisions herein relating to impounding and animal control.
