Except as provided for in article 2.01, regarding dogs and cats only, any animal running at large within or upon the streets and alleys of the city constitutes a public nuisance. Any nuisance removed by the city shall be at the expense of the person by whom it is occasioned and will be considered a misdemeanor.
(2002 Code, sec. 3.21; Ordinance
adopting Code)
The animal control officer is authorized to take up all animals
found not to be restrained and impound such animals in the animal
shelter. All such animals shall be confined in a humane manner.
(2002 Code, sec. 3.22)
(a)
Where
the ownership of an animal, found not to be restrained, is known,
the officer taking up such animal shall forthwith make a statement
of the fact in writing, under oath, stating the name of the owner,
and file said statement in the municipal court. The judge of said
court shall issue a summons against said owner, commanding him to
appear in said court to show cause, if any he can, why he should not
be fined for the violation of this article, and why such animal or
animals should not be sold to satisfy the cost and charges of taking
up, keeping and selling the same.
(b)
Where
the owner of an animal is unknown or absent from the city, the court
will make an order on said affidavit, warning said owner to appear
in said court within five days after that date and show cause why
such animal or animals should not be sold to satisfy the costs and
charges of taking up and selling such animal or animals; and the court
shall appoint a practicing attorney in said court to defend where
such absent or unknown owner [sic] if, when such owner has been duly
summoned or warned as herein provided, and the court shall determine
that there has been a violation of this article, then the court shall
make an order describing said animal or animals and the marks thereon
(if any), and direct the designated officer of the city to sell the
same at public outcry to the highest bidder for cash in hand. The
proceeds of such sale shall pay the costs and charges of such proceedings,
and the remainder, if any, he shall pay over to the city treasurer.
(2002 Code, sec. 3.25)
The court shall appoint an attorney to defend such absent or unknown owner as stated in section 2.05.003. The attorney fees for such appointment shall be paid out of the proceeds of the sale of said animal or animals or by the owner thereof, but in no case shall said attorney receive such a fee unless the animal or animals shall bring at such sale an amount more than necessary to pay the charges and costs of such proceedings and for keeping such animal or animals.
(2002 Code, sec. 3.26)
Any person who shall knowingly permit any animal or animals
to trespass upon the premises of any person within the limits of the
incorporation of the city, while driving such animal or animals through
the streets of the city, or shall negligently permit such animal or
animals to go upon the enclosed or unenclosed lot or lots, other than
his own, belonging to any other person within the incorporated limits
of the city, shall be fined.
(2002 Code, sec. 3.27)
Any animal impounded under the provisions of this article may
be reclaimed by the owner upon the payment of all impoundment fees.
(2002 Code, sec. 3.28)
