(a)
A
person commits an offense if the person violates any provision of
this chapter. A violation of this chapter is a misdemeanor.
(b)
Each
day a violation continues shall be deemed a separate offense.
(c)
An
offense under this chapter is a class C misdemeanor, punishable by
a fine not exceeding $500.00.
(d)
An
offense where a dog attack results in serious bodily injury or death
is a class A misdemeanor punishable as prescribed under state law.
(e)
A
repeat offense of a violation of unlawful restraint of a dog is a
class B misdemeanor punishable as prescribed under state law.
(f)
For
a violation of this chapter which is also a violation of state law,
the state punishment applies.
(g)
The
city shall be entitled to pursue all other criminal and civil remedies,
including injunctive relief, to which it is entitled under the authority
of other ordinances or state law.
(h)
The
city shall be entitled to any and all costs for services associated
with removal of an animal from a property where the property owner
could not be located or refused to allow removal when deemed necessary
by the animal control officer.
(Ordinance 22-0205 adopted 2/1/22)
(a)
The
provisions of this chapter shall be enforced by the animal control
officer who shall have the authority to issue citations to a person
violating the provisions of this chapter.
(b)
It
shall be unlawful for any owner or person to interfere with an animal
control officer in the performance of duties under this chapter.
(c)
The
city shall have the right to abate a nuisance proscribed in this chapter.
(d)
Right
of entry:
(1)
The animal control officer shall have the authority to enter upon
property for the purpose of enforcing the provisions of this chapter
provided that if such property is occupied, the officer shall first
present proper credentials to the occupant and request to enter, explaining
the reason for entry and obtaining permission from said occupant.
(2)
Should an animal control officer be unable to determine whether a
violation exists on a premises, and should the officer be denied admission
to inspect the premises, the officer is authorized to request from
the municipal judge, a magistrate, or justice court a warrant to enter
and inspect the premises.
(3)
If the animal control officer has reasonable cause to believe that
the keeping or the maintaining of any animal is so hazardous, unsafe
or dangerous as to require immediate inspection of a premises to safeguard
the animal or the public health or safety, the officer shall have
the right to immediately enter and make such inspection, whether or
not permission to inspect has been obtained.
(4)
An animal control officer pursuing an animal which runs at-large
onto private property while enforcing the provisions of this chapter
shall not be guilty of trespass onto the private property.
(Ordinance 22-0205 adopted 2/1/22)
