[Ord. No. 1032 Art. V §1, 10-21-1991; Ord. No. 2005, 7-6-2021]
A. Intent.
The intent of this Article is to require animal 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.
B. Restraint.
1. The owner of any dog or ferret shall keep his or her dog under restraint
at all times.
2. Dogs may be restrained by electronic containment systems under the conditions of Section
205.460.
3. The Animal Services Officer may capture and impound animals that
are not properly restrained.
4. The owner of a female dog during the period of estrous, also known
as "in heat," shall during this period keep it securely confined and
enclosed within a building. The animal may be supervised outside on
a leash, until the animal is not in estrous.
[Ord. No. 1032 Art. V §2, 10-21-1991; Ord. No. 2005, 7-6-2021]
The owner, keeper, harborer or maintainer of a dog or cat, ferret
or potbellied pig shall keep on the dog or cat ferret or potbellied
pig, at all times when the dog, cat, ferret or potbellied pig is not
inside a private building, a collar or harness and a license tag issued
by the City, together with the rabies tag for such dog or cat, ferret
or potbelly pig, shall be affixed to the collar or harness in such
a manner that the tags can be easily seen and failure to do so shall
be unlawful.
[Ord. No. 1032 Art. V §3, 10-21-1991; Ord. No. 1073 §2, 3-1-1993; Ord.
No. 2005, 7-6-2021]
A. Declaration.
The Supervisor of Animal Control may declare an animal a potentially
dangerous dog (POD) or a dangerous dog (DD) if the supervisor has
probable cause to believe that the animal falls within the definition
set forth in this Chapter.
B. Probable
Cause To Declare. For the purposes of this Section, probable cause
includes:
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.
8. A prior court conviction that indicates the dog has acted in a manner
causing it to fall within the definition of a potentially dangerous
dog or dangerous dog.
9. Actions of the dog witnessed by any Animal Control Officer or Police
Officer.
10. A verified report that the animal previously has been found to be
either a potentially dangerous dog or dangerous dog by any animal
control authority.
11. Other substantial evidence admissible in a court of law.
12. Any dog declared potentially dangerous, found in violation of this
Section, in addition to other penalties provided in this Section,
will be declared a dangerous dog.
C. Exemptions
to the dangerous dog classification:
1. With the exception of Subsection
(B)(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.
2. With the exception of Subsection
(B) 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:
1. A dog responsible for an unprovoked severe or fatal attack shall
be humanely destroyed.
2. Any dog responsible for a provoked severe or fatal attack shall be
maintained as a dangerous dog.
[Ord. No. 1032 Art. V §4, 10-21-1991; Ord. No. 1540 §1, 10-16-2006; Ord.
No. 2005, 7-6-2021]
A. Owners
Or Keepers Responsibilities.
1. Owners or keepers of a dog declared dangerous are required to meet
the following responsibilities for the life of the dog.
2. Owners or keepers of a dog declared potentially dangerous are required
to meet the following responsibilities for two (2) years without any
other violations. If the requirements are kept without any other violations
the declaration will be removed. If there are any violations during
the two (2) years, the dog will be declared dangerous.
B. The
following actions shall be required of owner of dogs that have been
declared potentially dangerous dogs (POD) or dangerous dogs (DD):
1. Any dangerous dog shall wear at all times a bright orange collar
so the dog can readily be identified as a dangerous dog.
2. The owner or keeper shall notify the Animal Control Department immediately
if a dangerous dog is loose, unconfined or missing, has attacked another
animal or has attacked or bitten a human being.
3. The owner or keeper shall notify the Animal Control Department within
twenty-four (24) hours if a potentially dangerous dog or 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
Department 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.
4. No potentially dangerous dog or dangerous dog shall be confined by
an electronic fence or electronic collar.
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 potentially dangerous dog or 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 potentially dangerous dog or 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 physical
control of a responsible person, eighteen (18) years of age or older,
who is capable of restraining such animal. 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. Such dogs shall not be leashed or otherwise tied or tethered
to inanimate objects, such as trees, posts, buildings, mail boxes,
newspaper vending machines, and the like.
9. The owner or keeper of a potentially dangerous dog or dangerous dog
shall present to the Animal Control Department proof that the owner
or keeper has procured liability insurance in the amount of at least
one hundred thousand dollars ($100,000.00) covering the twelve (12)
month period during which licensing is sought. This policy shall contain
a provision requiring the City to be notified by the insurance company
of any cancellation, termination or expiration of the policy.
10. The owner or keeper of a potentially dangerous dog or dangerous dog
shall within ten (10) days of such declaration present to the Animal
Control Department proof that the dog has been spay/neutered and micro
chip identification has been implanted.
11. All owners or keepers of potentially dangerous dogs or 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.
12. It is a violation of this Chapter for any person under the age of
eighteen (18) years to own, keep or harbor a potentially dangerous
or dangerous dog within the City limits.
13. The owner or keeper of a potentially dangerous dog or a dangerous
dog shall obtain a license from animal control for any such dog.
a. The owner or keeper shall pay the fee for such potentially dangerous
dog or dangerous dog license in the amount set forth in this Subsection.
In addition, the owner or keeper of such dog shall pay an annual renewal
fee for such license in the amount set forth in this Subsection. Annual
renewal of any license shall be conditioned on compliance with the
requirements of this Chapter.
b. Licensure Information. The owner or keeper of a dog that is subject
to a potentially dangerous dog or dangerous dog license shall furnish
the following information along with the appropriate license fee:
(1)
The animal's age, weight, coloring, breed, and any other special
identifying characteristics; and
(2)
Two (2) 3" x 5" color photographs of the animal, 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.
(3)
Proof of current rabies vaccination for the animal; and
(4)
Name, address and phone number of the current owner of the animal;
and
(5)
Address, name and phone number of keeper where the animal is
kept; and
(6)
For potentially dangerous dogs, a certification under penalty
of perjury that the animal has not been previously found to be a potentially
dangerous or dangerous dog; or, for dangerous dogs, a certification
under penalty of perjury that the animal has not been removed from
another jurisdiction to avoid any penalties arising from the animal's
previous status.
c. The license fee for each potentially dangerous dog to be licensed
pursuant to this Subsection is twenty-five dollars ($25.00), to be
renewed annually. The license fee for each dangerous dog to be licensed
pursuant to this Subsection is fifty dollars ($50.00) to be renewed
annually.
14. 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.
[Ord. No. 2005, 7-6-2021]
A. Any
potentially dangerous dog or 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 (10)
day rabies quarantine at the Municipal Animal Shelter or a veterinarian
clinic with in the City limits of the City. The owner shall be responsible
for the costs incurred for the impound and care of such dangerous
animal.
B. 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.
C. The
owner or keeper of any dog immediately impounded pursuant to this
Subsection may redeem such dog from animal control only upon proof
of a valid license and registration pursuant to this Section and payment
of all applicable fees each day such dog has been in the control of
animal control, provided, however, that in the event the owner, keeper
or harborer has not redeemed such dog within ten (10) days of being
notified of the immediate impound, the dog shall be destroyed in an
expeditious and humane manner.
D. In
the event that an animal that has been determined to be dangerous
as defined in this Article is found at large and unattended upon public
property, park property, or a public right-of-way, or upon the property
of someone other than its owner, thereby creating a hazard to person
or property, such animal may, in the discretion of the Chief of Police
or authorized designee, be destroyed if it cannot be confined or captured.
The City shall be under no duty to attempt the confinement or capture
of a dangerous animal found at large, nor shall it have a duty to
notify the owner of such animal prior to its destruction.
E. Any violation of this Section shall be punishable pursuant to Section
100.220(A), except that the minimum fine for violation of any provision of this Section shall be two hundred fifty dollars ($250.00). Upon conviction or failure to comply with any provision of this Section, in addition to the usual judgment on conviction, if it shall appear to the Municipal Judge that such dog is still living, he/she may order that such dog be humanely killed, and direct animal control to enforce that order, and the Police Department shall assist as may be required by the Animal Control Officer.
[Ord. No. 2005, 7-6-2021]
A. If
the circumstances surrounding the classification as a potentially
dangerous dog or dangerous dog under any of the definitions listed
in this Chapter are in dispute, then the owner or keeper has the option
of submitting, within five (5) working days, a written request to
the Dangerous Dog Board of Appeal for a hearing and possible appeal
as follows:
1. A Dangerous Dog Board of Appeal, consisting of the City Administrator
or his/her designee, the Chief of Police and the Public Works Director,
or their designee 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, if circumstances require, impounded
with animal control or with a licensed veterinarian at the owner or
keeper's expense.
3. The Dangerous Dog Board of Appeal shall determine whether to declare
the animal to be a potentially dangerous dog or 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 Dangerous Dog Board of Appeal 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 Article, with the exception of the spay/neuter and
microchip, until the determination by the hearing board is made.
[Ord. No. 2005, 7-6-2021]
It shall be unlawful for any person to own, keep or harbor more
than four (4) adult animals, not to include more than one (1) potbellied
pig, over the age of six (6) months in a zoned residential neighborhood.
Five (5) or more animals will constitute a commercial kennel and require
proper zoning and an occupational license issued by the City.
[Ord. No. 1032 Art. V §7, 10-21-1991]
A. Any
person who is deemed to be the operator of a kennel or cattery shall
register such kennel on a form provided by the Finance Department.
At the time of initial registration of each kennel or cattery and
annually thereafter, the operator of the kennel or cattery shall pay
an inspection fee of ten dollars ($10.00) and shall have a valid business
license issued by the City.
B. It
shall be unlawful to operate a kennel within the City limits which
violates the standards of operation established in this Section and
which violates any zoning laws or regulations of the City.
C. Kennel
premises where permitted shall be maintained in a clean and sanitary
condition at all times and sanitary methods shall be used to obliterate
or prevent any offensive odors.
D. The
Supervisor of Animal Control shall have the right to inspect such
kennels at all reasonable hours. The supervisor shall inspect each
registered kennel operating within the City limits at least once each
calendar year to ensure compliance with the standards of operation.