(a) 
Any dog shall be confined on premises of the owner by either:
(1) 
A building, substantial fence or other structure or enclosure; or
(2) 
A chain, fastener, or tie that keeps the dog at least five (5) feet from any property that the owner does not have the right to occupy.
(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.
(d) 
It shall be an affirmative defense to any prosecution under this section if:
(1) 
The animal was less than four (4) months old on the date of the offense; or
(2) 
The animal is of a species not susceptible to rabies.
(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)
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)