(a) Authority of court relative to hearing and various dispositions of dogs, cats, and other animals.
Upon written complaint wherein any dog, cat or other animal is alleged to be a nuisance as defined in section
3.01.001, the municipal court of the city shall have the authority to order and hold a hearing upon giving notice to the owner of such dog, cat or other animal, and if the court shall determine at such hearing that such dog, cat or other animal meets the definition of nuisance in section
3.01.001, the court may order that such dog, cat or other animal be kept muzzled, or be kept within a sufficient enclosure, or be delivered to the animal control officer and be destroyed by him/her, or assess a fine against the owner, or any combination of the foregoing.
(b) Order of removal; notification.
If the court shall determine that any dog or cat disturbs the peace and quiet of the neighborhood or occupant of any adjacent premises by loud, unusual or prolonged barking or howling, the court may order that such dog or cat be removed permanently beyond the city limits or delivered to the animal control officer and destroyed by him/her, and failure or refusal to do so within 24 hours after receiving such order shall be deemed an offense. A substantial copy of such order for hearing detailing the time, date, place and purpose thereof, personally delivered or enclosed in a correctly addressed envelope to such owner, postage prepaid, and deposited in the United States mail within not less than ten (10) days prior to the date of such hearing, shall be deemed sufficient and proper notice.
(c) Defense.
If it appears upon trial that any person attacked or bitten was trespassing upon the property of the owner or person having control of such dog or cat, or if any person attacked or bitten was provoking or teasing such dog or cat, or if such loud, unusual or prolonged barking or howling was provoked as the result of teasing or harassment by persons other than the owner, such conduct shall be a complete defense to any complaint brought under this section.
(d) Failure to release deemed offense.
A person commits an offense if he knowingly possesses and fails to release to the animal control officer, or any peace officer under his direction, a dog or cat that has been charged by sworn complaint as provided in this section.
(Ordinance adopting 2023 Code; Ordinance 692 adopted 3/11/2024)