Animal Control Officer.
The person designated by the city council to represent and act for the city, in the impoundment of animals, controlling of animals running at large and as otherwise provided and required in this article.
Cat Kennel.
Any lot, building, structure, enclosure or premises where five (5) or more adult cats are kept, any of which are kept for the purpose of breeding cats for sale, exchange or giving away. An adult cat is one four (4) months of age or older.
Director of Public Health.
A licensed physician appointed by the city council to have charge and control of the work of protecting and preserving the public health.
Dog Kennel.
Any lot, building, structure, enclosure or premises where five (5) or more adult dogs are kept. An adult dog is one four (4) months of age or older.
Inhumane Treatment.
Any treatment to any animal which deprives the animal of necessary sustenance, including food, water or protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment as may be determined by the director of public health, director of environmental health or a law enforcement officer.
Owner.
Any person or persons owning, possessing, harboring, keeping or sheltering any animal.
Person.
Any individual, firm, association, syndicate, partnership or corporation.
Running at Large.
(1) 
Off-Premises.
(A) 
Any dog which is not restrained by means of a leash or chain of sufficient strength and not more than six (6) feet in length to control the actions of such animal while off premises.
(B) 
Any cat that is off the owner’s property.
(2) 
On-Premises.
Any dog not confined on the premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from the premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. A dog intruding upon the property of another person other than the owner shall be termed “at large.” Any animal within an automobile or other vehicle of its owner or owner’s agent shall not be deemed “at large.”
Unprovoked.
With respect to an attack by an animal shall mean that the animal was not hit, kicked, or struck by a person with an object or part of a person’s body nor was any part of the animal’s body pulled, pinched, or squeezed by a person.
Vaccination.
An injection of United States Department of Agriculture approved rabies vaccine administered every twelve (12) calendar months by a licensed veterinarian.
Veterinary Public Health Officer.
A licensed veterinarian appointed by the city manager to aid the director of public health in matters pertaining to zoonosis.
Vicious or Dangerous Animal.
(1) 
Any animal which because of its physical nature and vicious propensity is capable of inflicting serious physical harm or death to human beings and would constitute a danger to human life or property;
(2) 
Any animal which has behaved in such a manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to attack or to bite human beings or other animals;
(3) 
Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability;
(4) 
Any animal that commits an unprovoked attack on a person or animal on public or private property; or
(5) 
Any animal that attacks or threatens to attack a person.
(Ordinance 072792A adopted 8/24/92; Ordinance adopting Code)
It shall be unlawful for any owner or person to:
(1) 
Fail to prevent any animal from running at large within the corporate limits of the city.
(2) 
Perform, do or carry out any inhumane treatment against any animal.
(3) 
Interfere with or molest any dog used by the police department in the performance of duty of such department.
(4) 
Keep, possess, own, control, maintain, use or otherwise exercise dominion over any animal which by reason of noise, odor or sanitary conditions becomes offensive to a reasonable and prudent person of ordinary tastes and sensibilities, or which constitutes or becomes a health hazard as determined by the director of environmental health.
(5) 
Keep or harbor any dangerous or vicious animal or animals within the corporate limits of the city.
(6) 
Keep, maintain, own or operate a dog kennel or cat kennel in any residential district within the corporate limits of the city.
(Ordinance 072792A adopted 8/24/92; Ordinance adopting Code)
(a) 
Any animal running at large in the city, or any animal not provided with a collar to which is attached a metal tag as required in Section 2.105, shall be taken up by the animal control officer and impounded in a place provided for that purpose. The animal control officer shall notify the owner of an animal covered by a registration permit impounded hereunder, such notice to be by telephone, personal service or certified mail, not later than the day following such impoundment.
(b) 
Any currently vaccinated animal covered by a registration permit as herein required and which has been impounded may be reclaimed by or for its owner upon the payment of all fees.
(c) 
Any impounded unvaccinated animal that is required by this article to be covered by or for a registered permit and/or vaccinated may be reclaimed by or for its owner upon payment of all fees plus payment of the fees required for an animal registration permit and/or a rabies vaccination plus the fine, if any, levied for violation of this article.
(d) 
All impounded, unclaimed animals not redeemed within five (5) calendar days shall be sold or given away or destroyed in a humane manner.
(e) 
The registration permit fee established by resolution of the city council for all animals covered under this article shall be payable to city hall and shall be due January 1st of each year.
(f) 
A certificate of vaccination must be presented before a registration permit will be issued.
(Ordinance 072792A adopted 8/24/92; Ordinance adopting Code)
(a) 
The director of public health in the course of his duties of investigating cases in which animals have bitten persons or other animals shall immediately notify the owner of such animal which has bitten any person or animal to surrender the animal to the animal control officer immediately or otherwise arrange for the animal control officer to pick up and retain such animal in a separate kennel at the pound for a period of not less than ten (10) days after the biting of such person or other animal, during which period it shall be determined by the director of public health whether or not such animal is suffering from any disease, and if it is not, then it may be released to the owner; provided that the public health department may authorize the keeping of such animal on the owner’s premises provided that the owner produces a current registration permit validated by the city and a certificate of rabies vaccination performed by a veterinarian showing that such animal has been vaccinated for rabies not longer than thirteen (13) months previous thereto; provided further, that the director of public health officer may authorize the keeping of certain animals confined on the owner’s premises because of veterinary medical reasons, provided the owner secures a written statement of such consideration from a veterinarian if required by the director of public health.
(b) 
Any animal reasonably suspected by the director of public health or a law enforcement officer of having disease shall be subject to the provisions set out in this article.
(Ordinance 072792A adopted 8/24/92; Ordinance adopting Code)
(a) 
The owners of dogs and cats are hereby required to make application to the director of public health of the city for a registration permit. Such applications are to contain information of the animal’s description, date of immunization, and name, address and telephone number of owner. Upon completion of the application and payment of the permit fee established by resolution of the city council, a metal tag will be issued to the owner to be attached to the collar of the dog or cat.
(b) 
The owners of all animals capable of transmitting rabies are hereby required to have said animals or pets vaccinated against rabies by the age of four (4) months with an approved vaccine administered by a veterinarian, who shall issue the owner of the animal a vaccination certificate. Such owner shall retain such certificate until the vaccination is renewed. At the time of the vaccination, a metal tag shall be issued by the veterinarian showing the name of the veterinarian, the tag number, and the year of issuance.
(c) 
Lost or stolen permit tags may be replaced by payment of a fee established by resolution of the city council and presentation of the registration application. If a tag or registration application is either lost or stolen, a new permit must be purchased at the regular fees.
(Ordinance 072792A adopted 8/24/92; Ordinance adopting Code)
In the event a potential outbreak of rabies is suspected and the danger of the public safety from rabid animals is reasonably imminent, the director of public health is hereby authorized and it shall be his duty to issue a quarantine proclamation ordering persons owning, keeping or harboring any dog or cat to muzzle the same or confine it as herein provided for such time as may be specified in such quarantine proclamation. Upon the publication of such proclamation by the director of public health, any person keeping or harboring any dog, cat, or other animal shall follow the procedure as described in the definition of “running at large” except that such animal, under the control of an adult person and on a physical restraint, may be off premises only if the animal is effectively muzzled. All dogs, cats or other animal found at large during the time specified by the director of public health in his quarantine proclamation may be destroyed by any law enforcement officer if said officer is unable with reasonable effort to apprehend such animal for impoundment.
(Ordinance 072792A adopted 8/24/92; Ordinance adopting Code)
(a) 
Any false statement in rabies certification or application for an animal registration permit shall render null and void the permit issued for such animal and shall subject such animal to being impounded in accordance with the rules and regulations set out in this article.
(b) 
Any person who knowingly makes a false statement in any application, affidavit or other document required by this article or any regulation prescribed thereby shall be deemed guilty of a misdemeanor.
(Ordinance 072792A adopted 8/24/92; Ordinance adopting Code)
(a) 
Complaint.
Should any person desire to file a complaint concerning an animal that is believed to be a vicious or dangerous animal, a sworn, written complaint must be filed with the mayor, as follows:
(1) 
Name, address and telephone number of complainant and other witnesses;
(2) 
Date, time, and location of any incident involving the animal;
(3) 
Description of the animal;
(4) 
Name, address, and telephone number of the animal’s owner, if known;
(5) 
A statement regarding the animal that is believed to be a vicious or dangerous animal, stating the facts upon which such complaint is based;
(6) 
A statement that the animal has exhibited vicious propensities in past conduct, if known; and
(7) 
Other facts or circumstances of the incident.
(b) 
Notice.
After a sworn complaint is filed, it shall be referred to the city health officer to set a time and place for a hearing not to exceed twenty (20) days from the time the complaint is received. The animal control officer shall give notice of hearing to the animal’s owner by personal service or by certified mail, return receipt requested, at least ten (10) days prior to the hearing date. After the owner of the animal receives notice, the owner shall keep such animal at the animal shelter or at a veterinarian’s clinic until the city health officer holds such hearing. After the owner of the animal receives notice, the city animal control officer shall impound the animal specified in the complaint if such animal is found at large.
(c) 
Hearing.
The city health officer shall determine at the hearing if the animal specified in the complaint is a vicious animal and should be permanently removed from the city or destroyed for the protection of the public health, safety and welfare of the community. The city health officer shall receive testimony at the hearing concerning the incident under investigation. To order destruction or removal of the animal for the public health, safety and welfare, the city health officer must find all the following facts to be true:
(1) 
The animal is a vicious or dangerous animal;
(2) 
Destruction or removal of the animal is necessary to preserve the public health, safety, and welfare of the community. If the city health officer or his representative orders destruction or removal of the animal and the owner is not present at the hearing, he shall notify the owner of the decision by personal service or certified mail, return receipt requested. If the destruction or removal of the animal is not ordered, the city animal control officer shall return the animal to the owner upon payment of all fees at the prescribed rate. If the city health officer orders the animal removed from the city, he shall allow the owner ten (10) days to do so. The owner shall furnish the city health officer evidence of such removal within ten (10) days thereof.
(d) 
Appeal by the Owner From an Order to Destroy or Remove an Animal.
The owner may appeal a destruction or removal order to the municipal court judge within five (5) days of the decision. If the city secretary receives written notice of appeal within five (5) days of the decision, the destruction or removal order shall be suspended pending final determination of the municipal court judge; provided that, during the pendency of the appeal, the owner shall keep such animal at the shelter or at a veterinarian’s clinic. The municipal court judge shall determine the appeal based upon the substantial evidence received by the city health officer and may affirm, modify or reverse such decision. The city health officer shall furnish the municipal court judge with all reports, memoranda and other tangible evidence received by him as well as a summary of the evidence and his findings. The decision of the municipal court judge will be made by the application of the substantial evidence rule.
(e) 
Failure to Release an Animal.
A person commits an offense if he knowingly possesses and fails to release to the city animal control officer an animal that has been charged by sworn complaint as provided in subsection (a) above, and whose destruction or removal has been ordered by the city health officer; provided that such destruction or removal order has not been appealed as provided in subsection (d) above.
(f) 
Vicious and dangerous animals as defined within this section do not include dangerous dogs. Provisions regarding dangerous dogs are set forth in Article 2.200 herein.
(Ordinance 072792A adopted 8/24/92; Ordinance adopting Code)
(a) 
Definitions.
Anti Escape.
Any housing, fencing, or device that the guard dog cannot go over, under, through or around.
Guard Dog.
Any dog that is utilized to protect commercial property, as defined in this section.
Commercial Property.
(1) 
Is a portion of land and/or buildings zoned for or utilized for commercial business uses in the city, including temporary sites.
(2) 
Is any vehicle utilized for commercial business purpose in the city
Handler.
A person who is responsible for and capable of controlling the operation of a guard dog.
Housing.
Any location where the guard dog is kept when not utilized for protection purposes.
(b) 
Guard Dog Permits.
(1) 
A separate guard dog permit must be applied for, for each dog on commercial property where guard dogs are to be used or where guard dogs are to be kept, boarded, bred, sold, let for hire, or trained for a fee for guard dog purposes. Procedures for permit application, for inspection of guard dog facilities, and for issuance of dog identification tags will be established by the director of public health. Permits for both permanent and temporary locations may be transferred to a new location operated by the same business firm during the permit year. However, such transfers shall not be effective until an animal control officer has inspected and approved the required facilities at the new location and the information required below for permit applications has been recorded.
(2) 
Advance notification to the director of public health shall be required for permit transfers.
(3) 
Guard dog permit applications shall include the following information:
(A) 
The business name, address and telephone number of the commercial property where guard dogs are to be used;
(B) 
The name, address and telephone number of the dog’s handler who can be reached at any time during the day or night;
(C) 
The number of dogs to be used and a general description of their use;
(D) 
The location where dogs are to be housed; and
(E) 
Any other information that the director of public health deems necessary by rules and regulations. Permit holders shall notify the director of public health if any information recorded as part of the application is changed during the course of the period for which the permit is issued.
(4) 
An animal control officer shall inspect the facilities where the guard dog is to be used and housed when the guard dog permit is applied for and when it is renewed.
(5) 
If the inspection reveals that the requirements of this section are met, a permit fee established by resolution of the city council for each approved commercial property shall be paid to the city, and the animal control officer shall issue a special guard dog identification tag. The permit shall be affixed to the collar of each dog used. Nothing in this section shall exempt guard dogs from any other provisions of this chapter.
(6) 
Each permit shall be valid for the period of one year and must be renewed annually within thirty (30) days after the renewal date. The renewal fee shall be established by resolution of the city council.
(7) 
Each permit must be obtained prior to housing or utilizing guard dogs at the commercial property.
(c) 
Exclusions.
Dogs that are used to protect the property of their owner’s private residence shall be excluded from the provisions of this section unless said residence is located on premises utilized for commercial purposes.
(d) 
Unlawful Acts; Revocation of License.
It shall be unlawful for any owner or person in control of any guard dog to keep or permit the same in or about any public house, public place, street, or alley of the city. The director of public health shall have the authority to revoke the dog license of an owner or a dog which is determined to be vicious, in accordance with the provisions of this article.
(Ordinance 072792A adopted 8/24/92)
The city council shall, by resolution, ratify all fees and charges to be collected under this article for the registration, impoundment, and boarding of animals, and for the pickup of dead animals at veterinary hospitals or clinics.
(Ordinance 072792A adopted 8/24/92)
That any person, firm or corporation violating any of the provisions of this article shall be subject to a fine in accordance with the general penalty provision set forth in Section 1.109 of this code for each offense, and each and every day said violation shall constitute a separate offense.
(Ordinance 072792A adopted 8/24/92)