It shall be unlawful for any person owning a dog to permit such dog to run at large.
(Ordinance adopting Code)
(a)
Every dog confined within a fenced yard must have adequate space for exercise based on a dimension of at least 100 square feet. Further, where dogs are kept or housed on property without a fenced yard, the owner of such dogs or person having custody of such dogs shall provide an enclosure for such dogs meeting the minimum 100-square-foot dimension per dog. Such enclosure shall be constructed of chain link or similar type material with all four sides enclosed. The enclosure shall be of sufficient height to prevent any dog from escaping from such enclosure. The top of the enclosure shall be covered with materials to provide shade and protection from the elements.
(b)
Fixed point tethering or chaining of dogs is prohibited. Temporary tethering or chaining of a dog under certain situations (i.e., lawful animal event, veterinary treatment, grooming, training, or law enforcement activity) to protect the safety or welfare of a person or the dog is allowed. In all of these cases, the dog’s owner or handler must be present during the period of restraint.
(c)
A person restraining a dog with a chain or tether shall attach the chain or tether to a properly fitting collar or harness worn by the dog. A person may not wrap a chain or tether directly around a dog’s neck. A person may not restrain a dog with a chain or tether that weighs more than 1/18 of the dog’s body weight. A chain or tether used to restrain a dog must, by design and placement, be unlikely to become entangled. A person may not restrain a dog in a manner that does not allow the dog to have access to necessary shelter and water.
(d)
The city may impose a fine not to exceed $500.00 for each violation of this section. This section takes effect on January 1, 2008.
(Ordinance adopting Code)
Every dog confined within a fenced yard must have adequate space for exercise based on a dimension of at least 100 square feet. Further, where dogs are kept or housed on property without a fenced yard, the owner of such dogs or person having custody of such dogs shall provide an enclosure for such dogs meeting the minimum 100-square-foot dimension per dog. Such enclosure shall be constructed of chain link or similar type material with all four sides enclosed. The enclosure shall be of sufficient height to prevent any dog from escaping from such enclosure. The top of the enclosure shall be covered with materials to provide shade and protection from the elements.
(Ordinance adopting Code)
Shelter shall be provided to allow the dog to remain dry and protected from the elements. Such shelter shall be fully enclosed on three sides and roofed. The entrance to the shelter shall be flexible to allow the animal’s entry and exit, and sturdy enough to block entry of wind and rain. The shelter shall be small enough to retain the animal’s body heat and large enough to allow the animal to stand and turn comfortably. The enclosure shall be structurally sound and in good repair.
(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 that 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 2.02.031 in 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) of this section, 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 city 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) of this section 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 2.02.031 in 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 2.02.032(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 city 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 2.02.032.
(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 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 2.02.034 or 2.02.035 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)