The following words and phrases, as used in this article, shall
have the meanings respectively ascribed to them by this section, unless
the context indicates otherwise:
At large.
Not under the control of the owner either by leash, chain,
cord or other suitable material attached to a collar or harness, and
not constrained securely within an enclosure or fence.
Dog.
Shall include both male and female.
Dog catcher.
The person or persons designated by the city council to carry
out, perform and enforce the provisions of this article.
Owner.
Any person owning, keeping or harboring a dog.
(Ordinance 131DW, sec. 1, adopted 8/5/64)
Any person who shall violate or fail to comply with any provision
of this article shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not less than $1.00
and not more than $200.00; and any person who shall aid, abet or assist
in the violation of the provisions of this article shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not less than $1.00 and not more than $200.00. Each and
every day that this article is violated shall be deemed and held to
be a separate and distinct offense.
(Ordinance 131DW, sec. 24, adopted 8/5/64)
The city council shall appoint a dog catcher and such other
assistants as may be required. It shall be the duty of the dog catcher
and his assistants to take up and impound all dogs found running at
large and to take up and impound all dogs who do not have fastened
around their necks the required tags, and to keep and properly care
for all dogs impounded, to kill all dogs that have not been redeemed
or sold, and to perform such other duties as may be directed by the
city council or by the mayor under the terms of this article.
(Ordinance 131DW, sec. 14, adopted 8/5/64)
(a) Running at large on public property.
It shall be unlawful
for the owner 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 other public ground or public property within the corporate
limits of the city.
(b) Running at large on unfenced land.
It shall be unlawful
for the owner 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
corporate limits of the city.
(c) Impoundment of dogs running at large.
It shall be the duty of the dog catcher of the city, or such other person as may be designated by the city council, to pick up and impound all dogs running at large within the city, and it shall further be the duty of the dog catcher of the city to pick up and impound all dogs, the owners of which have or are violating the terms and provisions of subsections
(a) and
(b) of this section.
(Ordinance 131DW, secs. 2–4,
adopted 8/5/64)
It shall be the duty of the owner or keeper of each and every
dog kept in the city to have such dog vaccinated against rabies by
a practicing veterinarian at least once each year; provided, however,
that such dog must have been vaccinated within one month of the date
of the owner’s or keeper’s application for the license
required in this article, or within 13 months prior to the expiration
date of the license applied for.
(Ordinance 131DW, sec. 5, adopted 8/5/64)
(a) Fee; duration.
There is hereby fixed and assessed as
a police regulation for the protection of the public health a license
fee of $1.00 per annum against the owner or keeper of each and every
dog kept in the city. The license shall run from July 1st of each
year to July 1st of the succeeding year, and any part of such year
shall be deemed and considered the entire year.
(b) Issuance; tag.
It shall be the duty of the city secretary
to provide suitable metal tags for dogs, with numbers thereon beginning
at one and running consecutively, which tags shall evidence the payment
of the license fees and the registration of the dogs. Each person
owning or keeping a dog within the limits of the city shall apply
to the city secretary for a tag, and upon payment of the license fee
required in this article and presentation of a certificate by a practicing
veterinarian showing that the dog has within one month of the date
of application for license, or within 13 months prior to the expiration
date of the license applied for, been vaccinated against rabies, the
city secretary shall supply to each applicant therefor a tag suitable
to be placed upon a collar around the dog’s neck, and shall,
in a well-bound book kept for such purpose, register the number of
the tag, the name of the owner and his address, and a description
of the dog. No license shall be issued unless the application is accompanied
by the certificate of vaccination. It shall be the duty of the owner
of each dog to apply to the city secretary for such license, pay the
fee for same and obtain a tag therefor. The tag shall at all times
during the year be securely fastened around the neck of the dog, and
the failure of the owner in this respect shall have the same effect
as if no license fee had been paid upon the dog. It shall be unlawful
for any person to use any license tag upon a dog except the tag adopted
and issued by the city.
(c) Duplicate tag.
It shall be the duty of the owner or
keeper of any dog to procure a duplicate tag from the city secretary
in the event that the original tag is lost or destroyed, and the city
secretary shall issue a duplicate tag upon application of any person
who has complied with the provisions of this article and upon the
payment of 50 cents for the cost of issuing the duplicate tag.
(Ordinance 131DW, secs. 6–8,
adopted 8/5/64)
It shall be unlawful for any person to keep any dog in the limits
of the city for which the license required in this article has not
been procured from the city secretary and which has not been vaccinated
for rabies and upon which the tag required in this article is not
at all times fastened about the neck of the dog.
(Ordinance 131DW, sec. 20, adopted 8/5/64)
It shall be unlawful for the owner or person in control of any
unspayed female dog, while such dog is in heat, to allow the same
to be upon, in, or about any public house, public place, street or
alley in the city.
(Ordinance 131DW, sec. 16, adopted 8/5/64)
It shall be unlawful for any person or owner in control of any
vicious or dangerous dog to keep or permit the same in or about any
public house, public place, street or alley in the city.
(Ordinance 131DW, sec. 17, adopted 8/5/64)
If any person shall make an affidavit before the dog catcher or the judge of the municipal court that any dog has bitten any person within the limits of the city, it shall be the duty of the dog catcher to direct the owner or keeper of the dog to keep him securely confined for not less than ten days and to release the dog only upon written permission of the dog catcher, or by a duly licensed veterinarian, and the failure of such owner or keeper to comply with such direction shall be deemed a misdemeanor and punishable by the penalty provided in section
2.02.002 of this article.
(Ordinance 131DW, sec. 18, adopted 8/5/64)
Within seven days after acquiring knowledge that his dog has
been bitten by a rabid animal, it shall be the duty of the owner or
keeper to cause such dog to be given anti-rabies treatment, or to
impound such dog for a period of six months in a place approved by
the dog catcher, or to destroy such dog.
(Ordinance 131DW, sec. 19, adopted 8/5/64)
(a) The
dog catcher shall provide a suitable place for the impounding of all
dogs picked up under the provisions of this article, and such pound
shall be under his control.
(b) He
shall cause all dogs so impounded to be properly fed and cared for
while in the pound.
(Ordinance 131DW, sec. 9, adopted 8/5/64)
(a) It
shall be the duty of the dog catcher to cause all dogs within the
limits of the city not wearing the tag provided for in this article,
showing that the license fee on such dog has been paid for the current
year, to be picked up and impounded.
(b) It
shall be the duty of the dog catcher to cause all dogs running at
large, as the term “at large” is defined by this article,
to be picked up and impounded.
(Ordinance 131DW, sec. 21, adopted 8/5/64)
The dog catcher shall charge a fee of $1.00 for each and every
dog impounded and shall charge $0.50 for each day such dog shall remain
in the pound.
(Ordinance 131DW, sec. 10, adopted 8/5/64)
Within not less than two nor more than four days after any dog
has been placed in the city pound in accordance with the provisions
of this article, the dog catcher shall post, or cause to be posted,
near the entrance of the city hall, a notice describing the dog and
stating the date it was impounded and the date and place that it will
be sold, which date of sale shall be not less than two days after
posting such notice. The dog catcher, or any officer designated by
him, shall sell such dog at auction to the highest bidder for cash;
provided, however, that the owner or keeper of the dog may at any
time before the sale of the dog pay the tax and impounding fees and
receive the dog from the city pound. At the auction sale of all dogs
in accordance with the provisions of this article, the dog catcher,
or any officer authorized by him, shall bid in the name and for the
city up to the amount of the tax and impounding fees due upon the
dog, unless some other person shall bid such amount or a greater amount
therefor. Any person who shall bid the amount of the fees due for
impounding and keeping any dog shall have such dog delivered to him
at the city pound upon the payment to the dog catcher of the amount
bid, and the person shall be entitled to have the dog registered in
his name and receive a tag therefor by presenting to the city secretary
a certificate from a practicing veterinarian stating that the dog
has been vaccinated against rabies and the payment of the license
fee. If the dog catcher shall be the only bidder at the sale of any
dogs hereinabove provided for, the city shall become the owner of
the dogs and thereupon the dog catcher shall kill or cause to be killed
all such dogs in the pound after the provisions of this article have
been complied with. At any time within six months after the sale,
the owner may apply to the dog catcher and upon satisfactory proof
of ownership he shall be entitled to receive the amount deposited
on account of such sale, after deducting all fees for impounding costs
and keeping such dog and such costs as may be necessarily incurred
to establish his right thereto.
(Ordinance 131DW, sec. 11, adopted 8/5/64)
It shall be the duty of the dog catcher to pay all moneys collected
by him under the terms of this article to the city secretary.
(Ordinance 131DW, sec. 12, adopted 8/5/64)
At any time within sixty days from the date of the sale, the
owner of any dog impounded and sold under the provisions of this article
shall have the right to redeem the same by paying to the purchaser
thereof double the amount paid by the purchaser for such dog and his
reasonable expenses incurred in keeping same.
(Ordinance 131DW, sec. 13, adopted 8/5/64)
It shall be the duty of the dog catcher to report in writing
to the city council once each month the total number of dogs impounded,
the total number of dogs redeemed or sold to private persons and the
total number of dogs killed under the provisions of this article.
(Ordinance 131DW, sec. 15, adopted 8/5/64)