A public pound for the City for the impounding of dogs is hereby authorized, created and established. The pound shall be maintained at such places as the Council may from time to time designate by contract or resolution.
(§ 1, Ord. 1479 c.s.)
The office of Poundmaster of the City is hereby created. The Poundmaster shall be appointed by and hold office during the pleasure of the Council. It shall be the duty of the Poundmaster to make investigations concerning, take up, receive into the pound, maintain in the pound and release, discharge or dispose of all dogs found running at large upon any public highway, street, avenue, way, lane, alley, park, square, sidewalk, beach or any other public place in the City; provided, however, that the provisions of this section shall not apply to dogs which are properly licensed and wearing current license tags, and which comply with the provisions of Section 5-1.103 of this article.
(§ 2, Ord. 1479 c.s.)
It is unlawful for any person to permit any dog, when harbored or controlled by him or her, to run at large on any public street, alley, lane, park or other public place or in or upon any unenclosed lot or premises in the City unless he or she is restrained by a substantial chain or leash not exceeding six (6′) feet in length and he or she is in the charge, care, custody or control of a competent person; provided, however, that no dog shall be allowed or permitted on any beach or in any store, market, restaurant, café, lunch room, soda fountain, bakery or kindred establishment wherein vegetables, meats or other foods for human consumption are served, sold or kept for sale. Any police officer or the Poundmaster is hereby authorized to enter upon any private premises for the purpose of enforcing the provisions of this chapter. No person shall refuse to obey any lawful order of such officer made in the performance of his or her duties within the powers conferred upon him or her by law.
(§ 4, Ord. 1479 c.s.)
Nothing contained in this chapter shall be construed as preventing the owner or custodian of any dog from permitting his or her dog to be at large upon property owned or controlled by the owner or custodian provided such property is enclosed in such a manner as to prevent the dog from escaping therefrom.
(§ 5, Ord. 1479 c.s.)
(a)
Every person owning, harboring, or controlling a dog within the City, within 30 days after taking residence in the City or becoming the owner or custodian of any dog, shall procure a license for the dog under this section.
(b)
Dog licenses shall be issued on a yearly basis. All licenses are valid from the month and day a license is purchased to the same month and day of the following year. The date of original purchase shall establish a permanent anniversary date for all subsequent licenses. All unlicensed dogs incur delinquent license fees that are retroactively cumulative to the date the dog should have been licensed. These fees along with any penalty license fees must be made current to obtain a valid dog license.
(c)
Senior citizens, 60 years and older, can receive a 50% discount on their fees.
(d)
The dog license fees shall be established from time to time by resolution of the Council.
(§§ 6 and 17, Ord. 1479 c.s., as amended by § 1, Ord. 1994 c.s., eff. June 11, 1969, § 1, Ord. 2072 c.s., eff. July 12, 1972, § 1, Ord. 2124 c.s., eff. June 19, 1974, § 1, Ord. 2207 c.s., eff. June 30, 1977, § 1, Ord. 2334 c.s., eff. July 7, 1982, and § 1, Ord. 2980 c.s., eff. May 18, 2006)
The dog license fee required by the provisions of Section 5-1.105 of this article shall not apply to any person conducting or maintaining a dog kennel in the City, but every person conducting or maintaining a dog kennel shall pay to the License Clerk and Collector a special business license tax of Twelve and No/100ths ($12.00) Dollars per year, fixed rate, and shall comply with the zoning laws of the City.
(§ 13, Ord. 1479 c.s.)
(a)
Late renewal of licenses. Failure to renew a dog license within 30 days of its expiration shall result in a Twenty-Five and No/100ths ($25.00) Dollars late fee. Penalties shall be due for each year or partial year of delinquency. Penalty assessments are in addition to any and all delinquent licensing fees.
The penalty fees shall be reviewed and re-established from time to time by resolution of the Council.
(c)
Fees in addition to fines. The licensing obligations, fees, and penalties set forth in this article shall not be excused or reduced by the payment of a fine or bail in any court proceeding for the violation of this section.
(§ 7, Ord. 1479 c.s., as amended by § 1, Ord. 1795 c.s., eff. May 29, 1963, § 1, Ord. 2197 c.s., eff. November 24, 1976, § 1, Ord. 2254 c.s., eff. October 5, 1978, § 2, Ord. 2334 c.s., eff. July 7, 1982, and § 1, Ord. 2981 c.s., eff. May 18, 2006)
The Poundmaster is hereby authorized and directed to annually print such number of dog license receipts or certificates in convenient form as in his or her judgment may be necessary, setting forth the year for which such receipt or certificate is issued, the description of the dog for which the receipt is issued and the amount of the license fee paid. All such blank forms shall be printed in book form and shall have corresponding stubs. The blank books shall be furnished by the Poundmaster.
(§ 8, Ord. 1479 c.s.)
The Poundmaster shall procure metal tags bearing suitable inscriptions showing the year for which such tags are issued and the number thereof. The number shall correspond with the number in the license certificate. The Poundmaster shall issue one of such tags with each of the license receipts or certificates to the purchaser thereof, and the tags shall be firmly attached to the collar of each dog for which each license is issued in such a manner that the tag shall be readily visible.
(§ 8, Ord. 1479 c.s.)
The Poundmaster shall keep such books and records in such form and manner as may be required by the City Manager and shall permit the City Manager, City Clerk, City Auditor or representatives to make a complete audit and examination of the books at any time. The Poundmaster shall pay and remit to the City Treasurer monthly all funds collected on behalf of the City unless otherwise provided by contract, order or resolution of the Council.
(§ 9, Ord. 1479 c.s.)
Any dog permitted to run at large in violation of the provision of this chapter shall be taken in charge by the Poundmaster. Such dog so taken while running at large without a license shall be kept by the Poundmaster for a period of five days, at the end of which time, unless redeemed as provided in this chapter, the dog shall be humanely disposed of by the Poundmaster; provided, however, that no dog shall be sold or given away by the Poundmaster unless the license fee and penalties due the City for such dog shall have first been paid.
(§ 10, Ord. 1479 c.s.)
Upon impounding any dog found running at large, the Poundmaster shall immediately post a notice containing a brief description of such dog upon a bulletin board to be maintained at the pound by the Poundmaster. Within 12 hours thereafter, the Poundmaster shall deliver a coy of such notice to the Chief of Police.
At any time within five days from the date of the first posting of the notice, the owner or person entitled to possession of the dog may reclaim the dog upon payment of an impounding fee to the Poundmaster to recover the City's costs in connection with impounding such dog. In addition, the owner or person entitled to possession of the dog shall be liable for a boarding fee for each day or portion thereof for which the dog has been impounded. The amount of such fees shall be set forth by resolution of the City Council.
All fees levied for the costs of impounding and boarding dogs shall be due and payable upon presentation. All fees and charges shall constitute a valid and subsisting debt in favor of the City and against the owner or person entitled to possession of the dog. If all or a portion of such fees and charges remains unpaid and due to the City after the City has made reasonable attempt(s) to collect such debt, the City may file a civil action and recover the unpaid amount due plus any penalties and related charges owing because of nonpayment, and costs and attorneys fees in connection with the collection efforts and the civil lawsuit.
(§ 11, Ord. 1479, as amended by § 1, Ord. 2028 c.s., eff. September 16, 1970, and § 1, Ord. 2723 c.s., eff. February 3, 1994)
The provisions of this chapter shall not be construed to prohibit the keeping of dogs under four months of age without having obtained a license therefor, nor to prevent nonresidents visiting the City from keeping a dog therein for a period of not to exceed 30 days without the payment of a license fee.
(§ 12, Ord. 1479, as amended by § 1, Ord. 1744, eff. October 11, 1961)