(b)
It
is unlawful for any person to keep, harbor, own, maintain, or allow
to be kept, harbored, owned, or maintained more than a total of four
(4) dogs or cats, over three (3) months of age, upon or within any
premises owned, occupied, or under the control of such person within
the city.
(Ordinance 20-108, sec. 2.04, adopted 6/15/2020)
(a)
A
person commits an offense if the person intentionally or knowingly
owns or possesses an animal that has not been immunized with an anti-rabies
vaccine in the preceding twelve (12) months.
(b)
In
any prosecution authorized by this section where proof is presented
that the animal was not wearing a tag indicating rabies immunization
within the preceding twelve (12) months, such animal shall be presumed
not to have been immunized within the preceding twelve (12) months
with an anti-rabies vaccine.
(c)
It
shall be defense to any prosecution under this section if the person
accused of the offense presents a certificate of vaccination issued
by the person administering the anti-rabies vaccine on a date not
more than twelve (12) months prior to such date of the offense.
(e)
Identification
tags must be secured from the city utilities department, which tag
shall be securely attached to such animal. Untagged dogs or cats at
large may be picked up and destroyed. All tags shall expire one (1)
year after issuance by the city. Lifetime tags will be issued yearly
upon proof of rabies inoculation. An expired identification tag shall
have the same force and effect as though no tag had been issued and
the animal wearing the expired identification tag will be deemed to
be untagged and at large and may be picked up and destroyed.
(Ordinance 20-108, sec. 2.05, adopted 6/15/2020)
The city utilities department may issue an identification tag
to any person representing himself or herself to be the owner or custodian
of a dog or cat which is kept, harbored or maintained within the corporate
limits of the city, but no such tag shall be issued until satisfactory
evidence shall have been presented that such animal has been fully
inoculated against rabies by a veterinarian licensed and duly authorized
to practice veterinary medicine in the state.
(Ordinance 20-108, sec. 2.06, adopted 6/15/2020)
It is unlawful for any person to maintain or keep a dog or cat
more than six (6) months of age within the corporate limits unless
such animal wears a collar or harness with securely attached tags
issued for that animal by (i) a veterinarian licensed to practice
veterinary medicine in the state showing that such animal has been
vaccinated for rabies during the year which the application for a
license is filed, and (ii) the city.
(Ordinance 20-108, sec. 2.07, adopted 6/15/2020)
(a)
It
is unlawful for any person to willfully remove from any dog or cat
a collar or tag.
(b)
Any
person who maintains or keeps a dog or cat that either (i) loses the
tags for the animal or (ii) changes addresses within the city, shall
report the loss of the tags or the change of address to the city within
three (3) city working days that the tags are lost or the address
is changed.
(Ordinance 20-108, sec. 2.08, adopted 6/15/2020)
It is unlawful for any person to maintain or keep a dog or cat
within the corporate limits that is more than six (6) months of age
and which has not been licensed and vaccinated.
(Ordinance 20-108, sec. 2.09, adopted 6/15/2020)
The license provision of this chapter shall not apply to the
following:
(1)
Dogs
or cats under the age of three (3) months if they are kept within
an enclosure;
(2)
Dogs
or cats brought to the city exclusively for the purpose of entering
the same in any dog or cat show or exhibition, and that are actually
entered in and kept at said show for exhibition;
(3)
Dogs
or cats kept exclusively in kennels, cages, or pens. However, such
animals shall be required to be inoculated against rabies at least
once yearly as hereinabove provided for animals required to be licensed
hereunder;
(4)
Dogs
duly and properly trained to aid or assist blind persons when actually
used for the purpose of aiding or assisting such persons in going
from place to place;
(5)
Dogs
duly and properly trained to aid or assist deaf persons when such
dogs are actually used for the purpose of aiding or assisting such
persons in going from place to place.
(Ordinance 20-108, sec. 2.10, adopted 6/15/2020)
(a)
Impoundment authorized; impoundment facilities.
(1)
It shall be the duty of the humane officer or other personnel of
the city charged with the responsibility of the enforcement of this
chapter, or any police officer or peace officer, to capture and impound
any dog or cat running at large within the city limits, or any animal
found in the city limits that does not have attached to it the identification
tags required by this chapter.
(2)
The humane officer or his designee shall be considered the designated
caretaker of all impounded animals immediately upon intake.
(3)
The facilities used for the impoundment of animals must be well ventilated
and must include an area for the quarantine of any animals that may
be sick, injured or dangerous. The sheltered part of the facilities
must be sufficiently heated and cooled so as to prevent exposure to
extreme temperatures that would endanger the health of the animals.
(4)
Immediately upon delivery at the city's kennels or animal control
facility, the animal to be impounded must be dipped or treated with
a veterinary-approved solution for the removal of ticks, fleas and
other pests. If a dog or cat bears no identification tag or vaccination
certification, such dog will be subject to the necessary canine vaccinations,
including rabies, to be administered by the city; and such cat will
be subject to the necessary feline vaccinations, including feline
leukemia, to be administered by the city.
(b)
Notification of owner; redemption of animal.
In the event the animal bears an identification tag at the time of impounding, the humane officer shall immediately notify the owner. The owner of such animal may claim and take possession thereof within seventy-two (72) hours of the impoundment of such animal by paying an impoundment fee, any fees for vaccinations and medical services, and, in addition, a boarding fee in the amount adopted by the city council from time to time. In addition, if the owner or custodian thereof does not have a certificate showing that such animal has been vaccinated within the past twelve (12) months, then such animal can be redeemed only after it has been vaccinated and identification tags procured as hereinabove provided. In the event such animal is not claimed by its owner or custodian within seventy-two (72) hours after impoundment, such animal shall become the property of city and subject to disposition as provided in section 3.02.009 below.
(Ordinance 20-108, sec. 2.11, adopted 6/15/2020)
Animals taken up and impounded under the terms of this chapter
that are not redeemed as provided in this article or whose ownership
is unknown shall be disposed of by the city as follows:
(1)
Any
animal that is vaccinated and sterilized and is otherwise deemed suitable
for adoption may be offered for adoption through a city facility.
The humane officer shall impose a per-animal adoption fee in an amount
determined by the city council. The humane officer is authorized to
offer an incentive program to promote the adoption of dogs, cats,
or other animals for one or more periods during which the humane officer
may reduce the adoption fee. Upon the adoption of the animal by any
individual, title and sole ownership of the animal by the city ceases
and transfers to the individual.
(2)
Any
animal that is suitable for adoption and is not placed for adoption
through city facilities may be placed for adoption through a humane
organization. The humane officer shall establish uniform criteria
for the placement of adoptable animals through a humane organization
and shall make surplus adoptable animals available to those organizations
that meet the criteria. Upon the transfer of the animal to the humane
organization, title and sole ownership of the animal by the city ceases
and transfers to the humane organization.
(3)
Animals
that are injured, dangerous, ill or emaciated, or that exhibit changes
in body functions, such as eating habits, will be referred to a licensed
veterinarian for further action. Upon the recommendation of the veterinarian,
such animals shall be destroyed by use of humane euthanasia procedures
as recommended by the American Veterinary Medical Association.
(4)
Stray,
abandoned or unclaimed animals remaining at the city's kennels for
five (5) or more business days that are not suitable for adoption
or placement through a humane organization are subject to disposition
by use of humane euthanasia procedures as recommended by the American
Veterinary Medical Association.
(5)
Under
no circumstances may an animal that has been impounded be sold or
donated for research or teaching purposes to a medical school, licensed
hospital, or nonprofit university or college.
(6)
Under
no circumstances may an animal that has been impounded be transferred
or sold to a dealer as that term is defined in 7 USC section 2132.
(7)
The
city shall maintain accurate records of the pickup, impoundment and
disposition of each animal brought to its facilities, and shall maintain
such records for a period of not less than one (1) year.
(Ordinance 20-108, sec. 2.11A, adopted 6/15/2020)
If any dog or cat shall have bitten any person, then the owner
or custodian shall voluntarily confine such animal thereof for a period
of ten (10) days. In the event such animal is not voluntarily confined,
the same shall be impounded by the health department, police or peace
officer for observation for a period not to exceed ten (10) days.
A fee in the amount adopted by the city council from time to time
for the impoundment and boarding of an animal shall be charged the
owner or custodian of said animal for each animal held for confinement
and observation, if impounded. If such fee, including any required
veterinarian's fees, is not paid, then the animal shall be destroyed
in a humane fashion.
(Ordinance 20-108, sec. 2.13, adopted 6/15/2020; Ordinance adopting 2022 Code)
