No person shall own or keep any dog within the City limits that the person knows, or should know, has not been spayed or neutered. This section does not apply to animals meeting any criterion listed below.
A. 
Dogs under the age of four months;
B. 
Service or working dogs;
C. 
Dogs owned, kept, in the custody of, or controlled by nonresidents of the City who are traveling through or visiting the City for a period of 30 days or less;
D. 
Dogs brought to the City exclusively for the purpose of entering the same in any dog show or exhibition, and which are actually entered in and kept at or near such show or exhibition;
E. 
Dogs that are show dogs or breeding dogs, evidence of which must be submitted within ten days after request therefore by the Animal Control Officer. Evidence includes, but is not limited to, proof of registration with the American Kennel Club, American Dog Breeders Association, United Kennel Club, or similar national registry, or documentation that the dog has been or is being trained for the purpose of show, field trials, or agility trials;
F. 
Dogs under treatment in the custody and control of animal hospitals or veterinary facilities;
G. 
Dogs on sale in duly licensed pet shops;
H. 
Dogs owned, kept, or controlled by any person having a permit to keep and maintain a kennel; provided, that such dogs are kept enclosed within such pet shop or kennel and identified as set forth in Section 6.08.030(H) during exercise and training;
I. 
Law enforcement dogs;
J. 
Any dog for which a State-licensed veterinarian has certified, in writing, sterilization has a high likelihood of serious physical injury or death to the dog due to the dog's age or medical condition;
K. 
Any dog whose owner or keeper produces a valid exemption letter for such dog from the City Manager or the City's Hearing Officer, as set forth in Section 6.08.310 of this Code.
(Ord. 1622(16) § 12)
A. 
Whenever a dog is subject to mandatory sterilization pursuant to this article the owner or keeper of such animal may request a public hearing to be held before the City's Hearing Officer by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code. The decision triggering the time period to file an appeal shall be the notice to such owner or keeper that sterilization of such dog is required. The owner or keeper of the dog may appear in person at the hearing or present a sworn written statement showing good cause why the dog should be exempted from mandatory sterilization. Good cause shall be shown by the owner's or keeper's presentation of facts in mitigation of mandatory sterilization.
B. 
The Hearing Officer shall consider all facts, testimony, and sworn written statements as to the reason for the requested exemption. The Hearing Officer shall not be limited by technical rules of evidence. Not later than 10 calendar days after the conclusion of that hearing, the Hearing Officer shall issue his or her written determination regarding exemption or nonexemption from mandatory sterilization, the reasons therefor, and such other conclusion as he or she deems appropriate under the circumstances, to protect the rights of the owner or keeper of the dog and to carry out the laws relating thereto.
C. 
If the owner or keeper of the dog wishes to appeal the Hearing Officer's determination, then he or she may request a hearing before the City Manager by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code. The hearing shall be held in accordance with Subsections A and B of this Section. The decision of the City Manager shall be final, notwithstanding any other contrary provision of this article.
D. 
If good cause for exemption from sterilization is not established by the dog's owner or keeper, then the dog shall be sterilized as set forth below.
1. 
A veterinarian, chosen by the Animal Control Officer, shall spay or neuter the dog. The owner or keeper of the dog shall pay the cost of such sterilization and reclaim the dog from the veterinarian after the sterilization procedure is completed; or
2. 
A State-licensed veterinarian, chosen by the owner or keeper of the dog, shall spay or neuter the dog. The animal shelter may release the dog either to the owner or keeper or directly to the veterinarian prior to the sterilization; provided, however, that if the shelter releases the dog to the owner or keeper, then he or she must first sign an affidavit affirming he or she will arrange for the dog to be spayed or neutered within five days after the dog's release. Upon completion of the sterilization procedure, the owner or keeper shall provide written documentation to the Animal Control Officer verifying such procedure occurred. If the Animal Control Officer does not receive such documentation within 30 days after the dog's release, or if the owner or keeper of the dog fails to have the dog spayed or neutered within five days after the dog's release, then the Animal Control Officer shall have the authority to impound the dog, and the owner or keeper may be charged with a violation of Section 6.08.300.
(Ord. 1622(16) § 12; Ord. 1673(20) § 23)
A. 
Each violation of any provision of this title may be prosecuted by the City Attorney, or redressed by civil action, as set forth in Section 1.24.010 of this Code.
B. 
Except as otherwise stated in this title, each violation determined to be an infraction is punishable by:
1. 
A fine not exceeding $100.00 for a first offense;
2. 
A fine not exceeding $200.00 for a second violation within a consecutive 12-month period; and
3. 
A fine not exceeding $500.00 for each additional violation of this title within a consecutive 12-month period.
C. 
Every violation determined to be a misdemeanor is punishable by a fine of up to $1,000.00 per violation or by incarceration in the County Jail for up to six months, or both.
(Ord. 1622(16) § 12)