The provisions of this chapter are intended to set forth the
regulations relating to dogs' licenses, impounding of dogs,
dogs at large and quarantine of dogs within the city.
(Ord. 39 § 1, 1971)
For purposes of this chapter, the following words shall have
the following meanings:
means any domesticated canine four months of age or older
and shall also include both male and female gender, whether neutered
or spayed.
means secured by a leash of no more than six feet in length
and under the control of a responsible person, or confined within
the real property limits of its owner.
For purposes of this chapter, "enforcing officer"
means the city manager or such other person as the city manager may
designate. The city council, by contract, may delegate the collection
of license fees and the performance of any of the duties of the enforcing
officer.
An animal shall be deemed to be harbored if it is fed or
sheltered for three consecutive days or more.
means any person, partnership, or corporation owning, keeping,
or harboring one or more animals.
means any dog for which the license for the current year
has not been paid, or for which the tag for the current year is not
in evidence on the dog.
means any dog which shows a propensity to attack, bite, scratch
or harass people or other animals without provocation.
(Ord. 39 § 2, 1971; Ord. 340 § 4, 1985)
Each dog over the age four months harbored within the city shall
be vaccinated for rabies and licensed. The owner and/or harborer of
any such dog shall be required to present to the enforcing officer
upon request a valid license and vaccination certificate signed by
a licensed veterinarian. Such vaccination shall be made each year
unless a vaccine approved by the Department of Public Health of the
state has been given by a licensed veterinarian within the past two
years.
(Ord. 39 § 3, 1971)
A.
Every
person, firm or corporation owning, harboring or having custody or
control of a dog within the city, such dog being of the age of four
months or more, shall obtain a license and tag for the dog. License
and tag fees are payable in advance. The license shall expire the
same month as the rabies vaccination.
B.
If any
person, firm or corporation acquires the ownership, custody or control
of a dog, the new owner shall obtain the license required by this
title within thirty days after acquiring the ownership, custody or
control of such dog, if the dog is then of the age or four months
or more, or within thirty days after such dog attains the age of four
months. The license shall expire the same month as the rabies vaccination.
The first license fee for a dog may be pro-rated to expire at the
same time as the rabies vaccination expires.
C.
Moneys
received during the current year for a license shall be first applied
to the payment of delinquent fees, sums and penalties due during the
preceding year, and any balance remaining thereafter shall be applied
to the payment of the current license fees and penalties. A license
issued during any prior fiscal year to the same owner shall be prima
facie evidence in any court or administrative proceeding that the
dog was continuously owned by the same owner from the prior year to
the current fiscal year.
(Ord. 39 § 3(a), 1971; Ord. 150 § 1, 1976; Ord. 340 § 5, 1985; Ord. 480 § 1, 1992; Ord. 616 § 1, 2003)
No license to own or harbor a dog, as provided in this chapter,
shall be issued except upon an application to authorized employees
or agents of the city setting forth the name and address of the owner
or possessor of the dog, a brief description of the dog, and proof
of the vaccination of the dog to prevent rabies. The fee for renewal
or application of a dog license shall include a late penalty fee if
application or renewal is not made within thirty days of license expiration,
or within thirty days of moving into the city or obtaining the dog,
or within thirty days of the dog attaining the age of four months.
(Ord. 39 § 3(b), 1971; Ord. 480 § 2, 1992; Ord. 616 § 1, 2003)
Authorized employees or agents of the city, upon receipt of
such application and license fee aforesaid, shall issue and deliver
to the owner or possessor a license certifying the payment of the
license fee and setting forth the name and address of the applicant
and a brief description of the dog, and the number allotted to such
dog, and upon receipt of the requisite fees, shall deliver to the
applicant a tag which shall set forth the number allotted to such
dog, which tag shall at all times be affixed to the collar, harness
or other article worn by such dog; provided, however, that no license
for a dog shall be issued unless the owner shall have paid the license
fee required therefore and shall have exhibited to authorized employees
or agents of the city a certificate of the vaccination of the dog
to prevent rabies, signed by a duly licensed veterinarian.
(Ord. 39 § 3(c), 1971; Ord. 616 § 1, 2003)
This chapter shall not be applicable to dogs under the age of
four months, which are kept within enclosures and not permitted to
run at large.
(Ord. 39 § 3(d), 1971; Ord. 616 § 1, 2003)
A.
Upon
receipt of documentary proof that a dog has been properly licensed
in another city in the state and has a current dog license from that
city and that it has, since the issuance of that license, been brought
within the city, the city shall transfer such license and deliver
to the owner a city license and metal tag as set forth in this chapter
upon the payment of such fee therefor as shall be established by the
city council of the city by resolution.
B.
No person
may use any license for any animal other than the animal for which
it was issued.
(Ord. 39 § 3(e), 1971; Ord. 150 § 2, 1976; Ord. 340 § 6, 1985)
A replacement license may be obtained upon payment of a replacement
fee therefor as shall be established by the city council by resolution.
(Ord. 340 § 7, 1985)
A.
It is
unlawful for any person owning or having the charge, care, custody
or control of any dog to cause, permit, or allow the same to be or
to run at large upon any highway, street, lane, alley, court, or other
public place in the city or upon any private property or premises
other than those of the person owning or having the charge, care,
custody or control of such dog, unless such dog shall be restrained
by a substantial chain or leash not exceeding six feet in length and
is in the charge, care, custody and control of a competent person.
B.
Every
owner shall exercise proper care and control of his animals to prevent
them from becoming a public nuisance.
C.
The
provisions of this section shall not prohibit permitting or allowing
dogs to run at large on the premises of the owner or person having
the charge, care, custody, or control of such dogs, or prohibit permitting
or allowing dogs, other than unspayed female dogs during the copulating
season, to run at large on any ranch or undeveloped property when,
within a radius of five hundred feet therefrom, there shall be situations
not to exceed five residential or commercial establishments other
than the residence of the person owning or having the charge, care,
custody or control of such dogs.
(Ord. 39 § 5, 1971; Ord. 340 § 8, 1985)
A.
It shall
be the duty of the enforcing officer to impound any dog for which
a license is required if such dog shall not be wearing a dog license
tag, or any dog running at large upon public street or sidewalk or
upon private property or any public place contrary to the provisions
of this chapter. The enforcing officer shall keep such dog impounded
until it is claimed or disposed of.
B.
The
owner or possessor of the dog so impounded may reclaim such dog upon
payment of the required license fee, apprehension fee, plus boarding
fees for each day that the dog is impounded.
C.
If a
dog shall have been impounded for a period of seventy-two hours and
shall not have been reclaimed by the owner, the enforcing officer,
after a reasonable and diligent search for the owner and the notification
of the owner, if known, by mail and phone within twenty-four hours
(excluding weekends and holidays) after impoundment, may, in lieu
of killing such dog, offer such dog for adoption. The enforcing officer
of the city may, however, with the approval of a licensed veterinarian,
humanely destroy any impounded animal on the same day it is impounded,
if, in the opinion of the veterinarian, it is in great pain or discomfort
due to an injury or infectious disease which may contaminate and be
detrimental to the health of the other animals at the animal shelter.
D.
This
section is not applicable to property of institutions, mobilehome
parks, condominiums and apartments if a manager is on the premises.
In such cases the enforcing officer shall limit enforcement to coordination
with management of such property.
(Ord. 39 § 6, 1971; Ord. 340 § 9, 1985)
Any person in possession or control of a dog which is a vicious
animal, as herein defined, and who has knowledge or has reason to
know that such dog is vicious, shall not permit such dog to be or
remain in any public place or premises in the city, unless such dog
is properly and effectively muzzled, even though such dog may not
otherwise be at large.
(Ord. 39 § 7, 1971; Ord. 340 § 10, 1985)
The enforcing officer or any of his deputies shall have the
right to seize any dog within the city having or suspected of having
rabies and cause the same to be examined by the health officer, and
it shall be the duty of the health officer to examine such dog for
the purpose of determining if such dog is afflicted with rabies. If
it shall be determined that such dog does not have rabies, it shall
be returned to the owner or person harboring the same.
(Ord. 39 § 8(a), 1971)
Whenever it has been shown that any dog has bitten any person,
the owner or person having the custody of or possessing such dog,
shall, upon the order of the health officer or his authorized agent,
quarantine it and keep it securely chained for a period of twelve
days and shall permit the health officer or his representative to
make an inspection or examination thereof at any time during such
period. Dogs quarantined shall not be removed from the premises without
the permission of the health officer; provided, however, the health
officer, in the interests of protecting the person bitten, may order
the dog quarantined at the city pound for a period of twelve days
at the owner's expense.
(Ord. 39 § 8(b), 1971)
A.
For
the purpose of discharging the duties imposed by this chapter or other
applicable law and to enforce the same, the enforcing officer may
enter upon private property, except dwellings located thereon, as
follows:
1.
During
daylight:
a.
When in pursuit of any animal which he or she has reasonable or probable
cause to believe is subject to impoundment pursuant hereto or other
applicable law,
b.
To impound or place in isolation any animal thereon which he or she
has any cause whatsoever to believe or suspect has rabies or is a
biting animal,
c.
To inspect or examine animals isolated thereon pursuant hereto or
other applicable law;
2.
At
night:
a.
When in pursuit of any animal which he or she has reasonable or probable
cause to believe is subject to impoundment pursuant hereto or other
applicable law,
b.
To impound or place in isolation any animal thereon which he or she
has any cause whatsoever to believe or suspect has rabies or is a
biting animal.
B.
As a
condition of the authority set forth in this section, except where
time does not permit in an emergency or when in fresh pursuit, before
entering upon private property a reasonable effort shall be made to
locate the owner or possessor thereof to request permission to enter
upon such property and to explain the purpose of such entry.
(Ord. 39 § 9, 1971)
Any person who has an animal in his possession, custody or control
who wilfully or maliciously fails or refuses to exhibit such animal
or any license therefor for inspection upon demand by the enforcing
officer is guilty of an infraction.
(Ord. 39 § 10, 1971)
This chapter does not apply to any veterinary licensed to practice
veterinary medicine in the state or to any place of business operated
by such veterinary, nor to animal training, animal cosmetics and routine
animal husbandry practices, nor to laboratories subject to control
or regulation by the National Institute of Health or the Federal Bureau
of Animal Industry.
(Ord. 39 § 11, 1971)
Any person violating any of the provisions of this chapter shall be punishable as set forth in Chapter 1.12.
(Ord. 39 § 12, 1971)
