Both male and female.
Any person, firm or corporation owning or keeping or harboring
or having control of, or custody of, a dog.
(1995 Code, sec. 5-7)
It shall be unlawful for any person owning, or having control
over, or having custody of any dog to permit or allow such dog to
run or be at large upon any public highway, street, alley, court,
square, park, sidewalk or any other public grounds or public property
within the city limits.
(1995 Code, sec. 5-8)
It shall be unlawful for any person owning, or having control
over, or having custody of any dog to permit or allow such dog to
run or be at large upon any unfenced lot, tract or parcel of land
within the city limits.
(1995 Code, sec. 5-9)
It shall be the duty of the animal control officer or any of
his deputies or any city police officer, while on duty, to seize and
impound, subject to the provisions of this division, all dogs found
running at large upon any unfenced lot, tract, or parcel of land within
the city limits, whether in the immediate presence of the owner or
custodian or otherwise; and such animal control officer, deputy or
city police officer is hereby authorized to enter upon any unfenced
lot, tract or parcel of land for the purpose of seizing and impounding
any dog running at large thereon.
(1995 Code, sec. 5-10)
After the impounding of any licensed dog, if not redeemed within
five (5) days from the date of impounding, said dog shall be disposed
of by sale or destruction.
(1995 Code, sec. 5-11; Ordinance
adopting Code)
If there is no license tag for the current year attached to
any dog impounded and such dog has not been redeemed by its owner
within five (5) days from the time of impounding such dog, such dog
shall be destroyed or sold.
(1995 Code, sec. 5-12; Ordinance
adopting Code)
The owner of any licensed dog impounded may redeem such dog
any time prior to sale or destruction by the payment of ten dollars
($10.00) impounding fee and two dollars ($2.00) per day each day such
dog shall have been impounded.
(1995 Code, sec. 5-13; Ordinance
adopting Code)
The owner of any unlicensed dog impounded may redeem such dog
any time prior to sale or destruction by having such dog licensed,
vaccinated against rabies, and the payment of ten dollars ($10.00)
impounding fee and two dollars ($2.00) per day for each day such dog
shall have been impounded.
(1995 Code, sec. 5-14; Ordinance
adopting Code)
Any owner, keeper or custodian of a dog who shall allow such dog to run at large, as such term is herein defined, whether on public or private property, shall be guilty of a misdemeanor and shall be fined as provided in section 1.01.009.
(1995 Code, sec. 5-16)
If the animal control officer or other officer has reason to
believe that there is an unvaccinated or unlicensed dog within the
city and located on private property, such officer shall first request
permission of the person in control of said property to enter upon
such property for the purpose of inspection to determine if such a
violation of this division exists. If permission is refused, such
officer shall then obtain a search warrant from the municipal or other
judge or magistrate for the purpose of entering upon such property
for determining if said dog is licensed and vaccinated.
(1995 Code, sec. 5-17; Ordinance
adopting Code)
The following definitions shall apply in the interpretation
and enforcement of this division:
A dog that:
Makes an unprovoked attack on a person or another dog that causes
bodily injury and occurs in a place other than an enclosure in which
the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own; or
Commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own and those acts cause
a person to reasonably believe that the dog will attack and cause
bodily injury to that person.
A domesticated animal that is a member of the canine family.
A person who owns or has custody or control of the dog.
A fenced area that is:
With respect to an attack or attempt to attack by a dog,
the dog was not hit, kicked, or struck by a person with any object
or part of the attacked person’s body nor was any part of the
dog’s body pulled, pinched, or squeezed or in any other manner
provoked by the person attacked.
(Ordinance adopting Code)
(a)
Not
later than the 30th day after a person learns that he or she is the
owner of a dangerous dog, the person shall:
(1)
Register the dangerous dog with animal control;
(2)
Restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure;
(3)
Muzzle the dog when it is outside the secure enclosure;
(4)
Obtain liability insurance coverage or show financial responsibility
in an amount of at least $100,000.00 to cover damages resulting from
an attack by the dangerous dog causing bodily injury to a person and
provide proof of the required liability insurance coverage or financial
responsibility to the city’s animal control officer; and
(5)
Have the dangerous dog spayed or neutered.
(b)
If a person reports an incident described by section 2.03.041 regarding the definition of a “dangerous dog,” the animal control officer may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control officer determines the dog is a dangerous dog, he or she shall notify the owner of that fact.
(c)
An
owner, not later than the 15th day after the date the owner is notified
that a dog owned by the owner is a dangerous dog, may appeal the determination
of the animal control officer to the municipal court. An owner may
appeal the decision of the municipal court in the same manner as for
other civil cases.
(d)
The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dog to the animal control officer not later than the 30th day after the owner learns that the dog is a dangerous dog.
(e)
If, on the application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided herein, that the owner has failed to comply with subsection (a) or (c), the court shall order the animal control officer to seize the dog and shall issue a warrant authorizing the seizure. The animal control officer shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
(f)
The
owner shall pay any cost or fee assessed by the municipality or county
related to the seizure, acceptance, impoundment, or destruction of
the dog.
(g)
The court shall order the animal control officer to humanely destroy the dog if the owner has not complied with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the animal control officer. The court shall order the animal control officer to return the dog to the owner if the owner complies with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the animal control officer.
(h)
The
court may order the humane destruction of a dog if the owner of the
dog has not been located before the 15th day after the seizure and
impoundment of the dog.
(i)
For
purposes of this division, a person learns that the person is an owner
of a dangerous dog when:
(1)
The owner knows of an attack described in section 2.03.041 regarding the definition of a “dangerous dog”;
(2)
The owner receives notice that a justice court, county court, or
municipal court has found that the dog is a dangerous dog after a
hearing on the matter; or
(3)
The owner is informed by the animal control officer that the dog
is a dangerous dog.
(Ordinance adopting Code)
(a)
Animal
control shall annually register a dangerous dog if the owner:
(1)
Presents proof of liability insurance or financial responsibility, as required by section 2.03.042(a)(4), current rabies vaccination, proof of sterilization of the dangerous dog and has a secure enclosure in which the dangerous dog will be kept that is inspected and approved by the animal control officer; and
(2)
Pays an annual registration fee of fifty dollars ($50.00).
(b)
The
animal control officer shall provide to the owner registering a dangerous
dog a registration tag. The owner must place the tag on the dog’s
collar. The collar must be of a distinctive color and design that
identifies the dog as a dangerous dog.
(c)
If
an owner of a registered dangerous dog sells or moves the dog to a
new address, the owner, not later than the 14th day after the date
of the sale or move, shall notify the animal control officer for the
area in which the new address is located. On presentation by the current
owner of the dangerous dog’s prior registration tag and payment
of a fee of twenty-five dollars ($25.00), the animal control officer
shall issue a new registration tag to be placed on the dangerous dog’s
collar.
(d)
An
owner of a registered dangerous dog shall notify the city’s
animal control officer of any attacks the dangerous dog makes on any
person or animal.
(Ordinance adopting Code)
(a)
A
person commits an offense if the person is the owner of a dangerous
dog and the dog makes an unprovoked attack on another person outside
the dog’s enclosure and causes bodily injury to the other person.
(b)
An
offense under this section is a class C misdemeanor, unless the attack
causes serious bodily injury or death, in which event the offense
is a class A misdemeanor.
(c)
If
a person is found guilty of an offense under this section, the court
may order the dangerous dog destroyed by the animal control officer
or a licensed veterinarian.
(d)
In
addition to criminal prosecution, a person who commits an offense
under this division is liable for civil penalty not to exceed $10,000.00.
The city attorney may file suit in a court of competent jurisdiction
to collect the penalty. The municipality shall retain penalties collected
under this division.
(Ordinance adopting Code)
(a)
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with section 2.03.042.
(b)
An offense under this section is a misdemeanor, and any person who violates any provision of this division shall, upon conviction, be fined in accordance with the general penalty provision found in section 1.01.009 of this code.
(c)
An
offense under this section is a class B misdemeanor if it is shown
on the trial of the offense that the defendant has previously been
convicted under this division.
(Ordinance adopting Code)
(a)
It is a defense to prosecution under section 2.03.044 or 2.03.045 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.
(Ordinance adopting Code)
