Whenever a word which is defined in Chapter 8.04 is used in this chapter, it shall have the meaning set forth in Section 8.04.015, unless the context indicates otherwise. The following words, whenever used in this chapter, shall have the meaning set forth in this section, unless the context indicates otherwise:
and such other officers of the city, not otherwise defined
in this chapter, mean employees or outside contractors designated
by the city manager or city council to perform those duties provided
for in this chapter.
means any animal, except a dog kept or controlled by a police
officer for law enforcement purposes, which has demonstrated any or
all of the following behavior or characteristics:
An attack or any other behavior, without provocation, that causes
bodily harm or constitutes a physical threat of bodily harm to a person
in a place where such person is conducting himself or herself peaceably
and lawfully;
An attack, without provocation, which requires a defensive action
by any person to prevent bodily injury or property damage in a place
where such person is conducting himself or herself peaceably and lawfully;
An attack, without provocation, on another animal or livestock
which occurs off the property of the owner of the attacking animal;
Training to attack persons or other animals or to fight with
persons or other animals;
Of a species, breed or kind, which in its wild or untamed condition
is capable of and, if aroused, is likely to cause death or serious
injury to a human being or which would cause serious fear or alarm
to the average person if seen wandering at large in an inhabited community.
For the purposes of this subsection, a person is peaceably
and lawfully upon property or in a place when he or she is on such
property or in such place in the performance of any duty imposed upon
him or her by the laws of this state or the city or county, or by
the laws or postal regulations of the United States, or when he or
she is on such property or in such place upon invitation, express
or implied.
means the director of the health office of the county or
representative.
means the police chief of the city or a person, other than
the animal control officer or sheltermaster, designated by the police
chief.
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
attached.
(Ord. 1970 § 6, 2013)
(a)
It
is unlawful for an owner or custodian of any dog to have or keep the
same within the city, unless there is attached to the dog a metal
tag obtained from the animal control officer, as provided in this
chapter. For purposes of this chapter, any person who harbors a dog
for fifteen days or more shall be deemed its custodian.
Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
(b)
The
provisions of this chapter do not require either a tag or a license
for:
(1)
Any dog found within the city when the owner resides outside the
city and such dog is wearing or has attached to it a license tag for
the current year issued by the owner's place of residence;
(2)
Any dog owned by, or in the charge of, any person who is a nonresident
of the city and is traveling through the city or temporarily sojourning
therein for a period of not exceeding thirty days;
(3)
Any dog brought into the city and kept therein for thirty days or
less for the exclusive purpose of entering it in any bench show or
dog exhibition or field trials or competition;
(4)
Any dog brought or sent into the city from any point outside of it
for the exclusive purpose of receiving veterinary care in any animal
hospital; provided, that such dog is kept at all times strictly confined
within such hospital; and
(5)
Any dog wearing or having attached to it a license tag for the current
year issued by the county or by another municipality within the county
when the owner thereof has, within one year last past, moved his or
her principal place of residence to the city; provided, that each
dog found within the city, regardless of where the owner may reside,
must have a city dog license and a license tag securely affixed to
its collar while it is being used as a guard dog within the city.
(Ord. 1416 § 7, 1983)
Dog tags and licenses shall be effective until the thirtieth
day of the month and year specified on the tags.
(Ord. 1970 § 8, 2013)
(a)
Fee—General.
Every person owning or harboring any dog over four months of age within
the city shall annually pay to the city's animal control authority
an annual license fee as established by resolution of the city council.
(b)
Fees—New
Residents in the City. The owner of any dog, when the owner moves
into the city from another community, upon the presentation of a rabies
vaccination receipt signed by a licensed veterinarian and a license
receipt from another community for the current year, may be issued
a license tag upon the payment of a fee to cover the cost of the tag.
(c)
The
city shall furnish a tag and license to a disabled person owning a
service dog without requiring the aforesaid fee.
(Ord. 1970 § 10, 2013)
A penalty may be added to each license fee for failure to pay
such fee within thirty days after such license fee shall fall due.
The amount of penalty shall be established by resolution of the city
council.
(Ord. 1970 § 13, 2013)
If any tag is lost or destroyed, the city shall furnish a replacement
tag to the owner or custodian of the dog upon payment of a fee as
established pursuant to resolution of the city council. The fee shall
be for the processing of the replacement tag. Any replacement tag
shall be used only for the dog for which the lost or destroyed tag
has theretofore been issued.
(Ord. 1416 § 7, 1983; Ord. 1536 § 7, 1989)
Every person practicing veterinary medicine in the city who
vaccinates a dog or cat with rabies vaccine shall issue to the dog
or cat owner an original certificate and send a copy to the city's
animal control authority.
(Ord. 1970 § 15, 2013)
No dog license or dog tag shall be issued by the city unless,
at the time of making application for a dog license, the applicant
holds a certificate of vaccination signed by a veterinarian, licensed
as such in the state, certifying that the dog to be licensed has been
vaccinated with canine rabies vaccine, approved by and in a manner
prescribed by the state, which certificate must indicate that such
dog's rabies immunity extends throughout the entire year for which
such dog license or dog tag is to be issued.
(Ord. 1970 § 17, 2013)
A spayed or neutered dog shall not be considered sterile unless
the applicant furnishes the city's animal control authority a veterinarian's
certificate showing that the dog has been sterilized.
(Ord. 1970 § 19, 2013)
It is unlawful for any person to imitate or counterfeit any
tag provided for in this chapter, or to employ or use any imitation
or counterfeit of the tag for any dog, or to transfer a tag issued
by the city for a dog to a different dog.
(Ord. 1416 § 7, 1983)
(a)
It
is unlawful for any person to own, keep, harbor or otherwise maintain
within the city any dog which, by barking, disturbs the peace and
quiet of one or more persons from at least two residential dwelling
units in the immediate neighborhood.
(b)
It
is unlawful for any person to tease, torment or otherwise provoke
a dog into barking.
(c)
"Barking" means barking, howling or baying by day or night at frequent intervals or for extended periods of time. For the purposes of subsection (a), barking shall not mean barking whenever a dog is in the act of protecting against or resisting any trespasser to the premises upon which the dog is kept, harbored or otherwise maintained. The burden of proof of such act of protection against, or resistance to, trespassers by a dog is upon the person owning, keeping, harboring or otherwise maintaining the dog.
(d)
Every person who violates this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
(Ord. 1416 § 7, 1983)
(a)
It
is unlawful for any person who is the owner or custodian of any dog
to keep the dog upon any premises under control of such person, unless
such dog is restrained by a fence, cage, chain, leash or other physical
means adequate and sufficient to prevent the dog from leaving the
premises upon which it is kept.
(b)
Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
(Ord. 1881 § 2, 2007)
(a)
It
is unlawful for any owner or custodian of any dog to allow or permit
any such dog to be off the premises of its owner or custodian, unless
such dog is securely restrained by a leash not exceeding six feet
in length, of sufficient strength to prevent the escape of such dog,
and unless such dog is in the charge or control of a person capable
of keeping the dog under the effective charge and control of such
person.
(b)
Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
(Ord. 1416 § 7, 1983)
(a)
It
is unlawful for any person to permit any dog owned by him or her,
or then under his or her immediate control, to be in any public park,
playground or recreation area or other public property upon which
there is a posted sign giving notice that dogs are prohibited from
use of such property, unless the dog is participating in a regularly
organized pet show or animal training class approved by the public
recreation director and then in progress.
(b)
The provisions of subsection (a) of this section and any similar requirement contained in the city's animal control regulations shall not apply to the following:
(c)
In order to be subject to the exception set forth in subsection (b)(3) of this section, all persons shall comply with all requirements of law and the following rules and regulations:
(1)
All dogs must be securely restrained by a leash not exceeding six
feet in length, of sufficient strength to prevent the escape of such
dog.
(2)
All dogs must be in the care, custody and control of a person at
least eighteen years old. Any person under eighteen years of age must
be accompanied by and be under the direct supervision of an adult
to enter the park with the on-leash dog. No adult may have more than
one dog in the public park at any one time. All dogs must be under
the voice control of their caretakers at all times. Dogs shall not
be left unattended at any time.
(3)
All dogs must be at least four months of age, vaccinated for rabies,
currently licensed by the city's animal control authority and wear
a collar with up-to-date tags while in the park. No dog that is sick,
in heat, injured, or less than four months of age, or which displays
aggressive behavior towards other dogs or humans is permitted in any
public park.
(4)
Any person having care, custody or control of a dog in the public
park shall quiet or remove the dog if it barks and shall promptly
remove and properly dispose of any waste deposited by such dog. The
owner or person in custody of the dog shall carry a suitable container
or instrument for the removal and disposal of dog feces.
(5)
The designated hours of use for the public park shall coincide with
the regular hours of the park.
(6)
All persons will otherwise comply with all rules governing city parks
and all relevant parking regulations.
(7)
Dogs are not permitted in or around child play areas or organized
sporting events.
(8)
Dogs shall not interfere with, bother or harass park users, groups,
or other animals or wildlife.
(9)
The presence of a dog in the park shall constitute implied consent
of the dog's owner or any person having the care, custody or control
of the dog, to strictly follow the rules of this section and shall
constitute a waiver of liability to the city, its elected officials,
officers, and employees, an assumption of all risks, and an agreement
and undertaking to protect, indemnify, defend and hold harmless the
city, its elected officials, officers and employees, for any injury
or damage to persons or property during any time that the dog is in
the park.
(d)
Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
(Ord. 1865 § 2, 2007; Ord. 2021 § 1, 2017)
(a)
It
is unlawful for the owner or custodian of any dog to allow or permit
that dog to defecate on any public property, except in the wilderness
park areas of the South Hills Park and Dalton Canyon Park, or on any
improved private property, other than that of the owner or custodian
of the dog, or to otherwise commit a public nuisance on any public
property or improved probate property including that of the owner
or custodian of the dog.
(b)
Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
(Ord. 1416 § 7, 1983)
It is unlawful for any person within the city, who owns or has
custody of any animal or who owns, conducts, manages or operates any
animal establishment, to fail to comply with each of the following
conditions, and any act or omission of any employee in caring for
an animal shall be assumed to be an act or omission of the owner,
custodian or licensee:
(1)
Housing
facilities for animals shall be structurally sound and shall be maintained
in good repair to protect the animals from injury, to contain the
animals, and to restrict the entrance of other animals.
(2)
All
animals shall be supplied with sufficient good and wholesome food
and water as often as their feeding habits require.
(3)
All
animals and all animal buildings or enclosures shall be maintained
in a clean and sanitary condition.
(4)
No
animals shall be without attention for more than twelve consecutive
hours. Whenever an animal is left unattended at a commercial animal
facility, the telephone number of the department of animal control
or the name, address and telephone number of the responsible person
shall be posted in a conspicuous place at the front of the property.
(5)
Every
reasonable precaution shall be used to insure that animals are not
teased, abused, mistreated, annoyed, tormented or in any manner made
to suffer by any person or means.
(6)
No
condition shall be maintained or permitted that is or could be injurious
to the animals.
(7)
Animal
buildings and enclosures shall be so constructed and maintained as
to prevent escape of animals. All reasonable precautions shall be
taken to protect the public from the animals and the animals from
the public.
(8)
Every
animal establishment shall isolate sick animals sufficiently so as
not to endanger the health of other animals. Sick animals shall at
all times be isolated from other animals.
(9)
Every
building or enclosure wherein animals are maintained shall be constructed
of material easily cleaned and shall be kept in a sanitary condition.
The building shall be properly ventilated to prevent drafts and to
remove odors. Heating and cooling shall be provided as required, according
to the physical need of the animals, with sufficient light to allow
observation of animals and sanitation.
(10)
Animals shall be taken to a veterinarian for examination or treatment
if the animal control officer finds this is necessary in order to
maintain the health of the animal and orders the owner or custodian
to do so.
(11)
All animal rooms, cages, kennels and runs shall be of sufficient
size to provide adequate and proper accommodations for animals kept
therein.
(12)
Animals shall be provided proper shelter and protection from the
weather at all times.
(13)
No animal shall be given any alcoholic beverages, unless prescribed
by a veterinarian.
(14)
No animals which are natural enemies, temperamentally unsuited, or
otherwise incompatible, shall be quartered together or so near each
other as to cause injury, fear or torment. If two or more animals
are so trained that they can be placed together and do not attack
each other or perform or attempt any hostile act to the others, such
animals shall be deemed not to be natural enemies.
(15)
No tack, equipment, device, substance or material that is, or could
be, injurious or cause unnecessary cruelty to any animal shall be
used or permitted to be used.
(16)
Working animals shall be given proper rest periods. Confined or restrained
animals shall be given exercise proper for the individual animal under
the particular conditions.
(17)
No animal which is overheated, weakened, exhausted, sick, injured,
diseased, lame or otherwise unfit shall be worked, used or rented.
(18)
No animal which the animal control officer has suspended from use
shall be worked or used until released by such officer.
(19)
No animal bearing evidence of malnutrition, ill health, unhealed
injury, or having been kept in an unsanitary condition, shall be displayed.
(20)
No animal whose appearance is or may be offensive or contrary to
public decency shall be displayed.
(21)
Animals shall not be allowed to constitute or cause a hazard or be
a menace to the health, peace or safety of the community.
(22)
Every violation of an applicable regulation shall be corrected within
a reasonable time to be specified by the animal control officer.
(Ord. 1416 § 7, 1983)
Every person, except the animal control officer or city's animal
control authority, taking up any stray animal or any animal which
is running at large contrary to the provisions of this chapter shall
within twenty-four hours thereafter give notice to the city's animal
control authority or to the police department:
(1)
The
fact that he or she has such animal in his or her possession; and
(2)
The
complete description of such animal; and
(3)
The
license number of such animal, if any, and by what county or municipal
corporation issued, or the fact that the animal has no license; and
(4)
The
place where such animal is confined; and
(5)
The
animal is scanned for a microchip implant by a veterinarian, pet store,
grooming parlor, humane society, or animal control provider.
(Ord. 1970 § 21, 2013)
It is unlawful for any person upon whom any demand is made under
authority of this chapter for the exhibition of any dog rabies vaccination
certificate or any dog license or tag, to fail or refuse to exhibit
the same, if he or she has it in his or her possession.
(Ord. 1416 § 7, 1983)
Any person who has been bitten by any animal, and any official
of the city or any other person in the city having knowledge of any
person injured through having been bitten by any animal shall as soon
as possible report such occurrence to the city's animal control authority
or the police department, giving a description of the animal and the
locality where confined.
(Ord. 1970 § 23, 2013)
Whenever any person owning, harboring, controlling, maintaining,
possessing or having charge of any dog in the city is informed by
any person that such dog has bitten a human being, he or she shall
inform or notify the animal control officer. Failure to make, or cause
to be made, such report is unlawful. To "bite" means to bite with
the teeth or jaws so as to enter, grip or tear any portion of the
anatomy of human beings. It does not include the superficial breaking
of the skin as from a nip or pawing with the feet of a dog.
(Ord. 1416 § 7, 1983)
Whenever the animal control officer is informed that a dog has
bitten a human being, the department shall notify, whenever possible,
the person or custodian of the animal of such fact. A copy of any
written notice shall be given or delivered to the health officer.
(Ord. 1416 § 7, 1983)
Any person who is the owner or custodian of a dog that has bitten
a human being shall immediately confine such dog in a safe and humane
manner, on such person's premises or at the city animal shelter at
charges stated in the resolution of the city council, for ten days
upon written order of the health officer. During such period of confinement,
the health officer or animal control officer or city animal control
authority may enter the premises to inspect or test the dog for rabies.
(Ord. 1970 § 25, 2013)
It is unlawful for any owner or custodian of any dog that has
bitten a human being to interfere, delay or obstruct any health officer
in conducting any test or observation for rabies of any dog.
(Ord. 1970 § 27, 2013)
If, at the expiration of ten days of observation for rabies,
it appears that the dog does not have rabies, then such observation
and confinement shall cease. The health officer is empowered to shorten
the period of confinement whenever in his or her judgment such dog
does not have rabies.
(Ord. 1970 § 29, 2013)
(a)
Whenever
any dog has rabies, the health officer or city agent shall cause the
dog to be removed to the city animal shelter where it shall be destroyed.
The certificate of a health officer shall be deemed sufficient to
designate the dog as a dog afflicted with rabies. It is unlawful for
any person within the city to harbor, maintain or cause to be maintained,
have control of, or possess any dog that has rabies, and to refuse
or neglect to comply with this chapter.
(b)
Every
dog afflicted with rabies is declared to be a public nuisance dangerous
to the public health and safety. The health officer, chief of police
and the city's animal control authority are directed to abate such
nuisance.
(Ord. 1970 § 31, 2013)
No animal ordered confined shall be transported, taken or removed
from the place of such confinement unless written authority to do
so is first obtained from the health officer, which order shall specify
the terms and conditions upon which such removal or transportation
of such animal may be made.
(Ord. 1416 § 7, 1983)
(a)
The
animal control officer shall have the authority to impound and take
into custody all:
(1)
Unlicensed dogs;
(2)
Any other animal, wild or domestic, required to be licensed by this
chapter, which is unlicensed;
(3)
Any animal being kept or maintained contrary to the provisions of
this chapter or any other ordinance or state statute;
(4)
Dogs and other animals running at large contrary to the provisions
of the Agricultural Code or any other state statute or this chapter;
(5)
Animals which have exhibited behavior or characteristics described in subsection (2)(A), (B) or (C) of Section 8.08.005, provided that at the time of being impounded the animal poses an immediate threat to the public health, safety, or welfare;
(6)
Sick, injured, stray, unwanted or abandoned animals;
(7)
Dogs which are unvaccinated in violation of this chapter;
(8)
Animals delivered by the owners to the animal control officer, or
all title and interest in which is abandoned by such owners;
(9)
Animals for which the owners or custodians are unable to care because
of imprisonment, illness, bankruptcy, litigation or other contingency,
or in cases in which the owners or custodians cannot be found;
(b)
No
person shall remove any animal from the custody of the animal control
officer without first paying the necessary fees as determined by resolution
of the city council or without receiving permission from the animal
control officer to do so.
(c)
The
animal control officer, and any peace officer, shall have the right
to enter upon any public or private property in the city, except a
building designated for and used for residential purposes, for the
purpose of examining or capturing any dog thereon or therein.
(Ord. 1416 § 7, 1983; Ord. 1431 § 4, 1984; Ord. 1548 § 1, 1989)
It is unlawful for any person to interfere with, oppose, obstruct,
delay or resist the animal control officer in the performance of any
act authorized by this chapter.
(Ord. 1416 § 7, 1983)
The animal control officer may employ a private veterinarian
whenever he or she deems it necessary in order to properly care for
and maintain any animal. When a veterinarian's fee has been paid or
incurred for the care or treatment of any animal, such animal shall
not thereafter be redeemed without payment by the owner of such fee,
in addition to any and all other fees, so as to reimburse the city
for its cost for veterinarian service for such animal.
(Ord. 1416 § 7, 1983)
The animal control officer shall pick up and dispose of all
dead animals on public highways and on public and private property
within the city, where the owner is unknown, and also all dead dogs
and cats that have been kept as pets. The city council may provide
by resolution a fee for such service.
(Ord. 1416 § 7, 1983)
The city council may by contract designate an agency which shall
establish, maintain, conduct and operate a suitable enclosure to keep
and safely hold all animals subject to impoundment, which enclosure
shall be known as the city animal shelter.
(Ord. 1970 § 33, 2013)
The office of the sheltermaster is established. The city council
may provide for appointment of a sheltermaster by contract or may
delegate appointment by the city manager of a city employee as sheltermaster.
(Ord. 1970 § 35, 2013)
(a)
The
sheltermaster shall maintain a suitable enclosure at the animal shelter
for the keeping of all dogs and cats impounded as provided by this
chapter.
(b)
The
sheltermaster, designee or police officer shall seize and impound
any and all dogs found running at large or being within the city in
violation of this chapter, and shall keep such dogs at and in the
public animal shelter until they shall have been either redeemed,
adopted or humanely destroyed as provided by this chapter.
(c)
The
sheltermaster shall keep a register in which shall be set forth a
correct statement of all animals impounded by him or her, the date
when each animal was impounded, the reason therefor, the description
of each animal, the identifying information of the adoptee and/or
the date of humanely destroying any animal.
(Ord. 1970 § 37, 2013)
The sheltermaster shall collect from the owner reclaiming any
impounded animal such fees as are determined by resolution of the
city council. When the owner or custodian requests disposal of his
or her animal, he or she shall pay the fee determined by the city
council for pick up of a dog or cat and reasonable costs as determined
by the sheltermaster for any other animal.
(Ord. 1970 § 39, 2013)
The sheltermaster shall not release any dog which has been redeemed
by the owner unless such dog does not have rabies, and:
(1)
The
owner exhibits a certificate signed by a veterinarian licensed either
by the state or by any other state to practice veterinary medicine
that:
(A)
Such dog has been vaccinated with approved killed-virus vaccine less
than eighteen months prior to date of release; or
(B)
Such dog has been vaccinated with approved live-virus vaccine less
than thirty months prior to date of release; or
(C)
Such dog should not be vaccinated with rabies vaccine because such
vaccination would jeopardize the health of such dog due to infirmity
or other disability, which infirmity or disability and the estimated
date of termination thereof is shown on the face of the certificate;
or
(2)
Deposits
sufficient funds with the sheltermaster for vaccination of such dog
to be paid to the veterinarian upon proof of vaccination within five
days.
(Ord. 1970 § 41, 2013)
After taking up and impounding for at least five days any animal
found running at large or being maintained contrary to the provisions
of this chapter, unless it sooner is redeemed by its owner, the sheltermaster
may adopt or destroy or sell such animal, unless the disposition of
such animal is covered by some other section of this chapter.
(Ord. 1970 § 43, 2013)
When any animal is impounded pursuant to this chapter, the sheltermaster
shall, by the next business day after receiving such animal, give
notice either by telephone or by mail, first class, with postage fully
prepaid thereon, to the person to whom the current license for such
was issued, of the whereabouts of such animal.
(Ord. 1970 § 45, 2013)
Dogs and cats wearing a current valid license tag issued by
the city or by the county, or by any municipality within the county,
impounded pursuant to this chapter shall not be adopted, destroyed
or otherwise disposed of unless:
(1)
The
person to whom the current license for such dog or cat was issued
so directs; or
(2)
Ten
full days have elapsed since such person was notified of the whereabouts
of his or her dog or cat by telephone; or
(3)
Five
full days have elapsed since a letter, postage fully prepaid, addressed
to such person at his or her last known address and informing such
person of the whereabouts of his or her dog or cat has been deposited
in the United States mail.
(Ord. 1970 § 47, 2013)
(a)
The
sheltermaster shall not release any animal which has been redeemed
by the owner or adopted in accordance with the provisions of this
chapter, unless the person to whom the animal is released provides
satisfactory proof that the animal will be maintained in accordance
with the provisions of this chapter and any other applicable ordinance
or statute.
(b)
Notwithstanding subsection (a) of this section and in accordance with the provisions of Section 8.08.215 of this chapter, the sheltermaster may withhold the release of any animal which, in the opinion of the sheltermaster or animal control officer, has exhibited behavior or characteristics described in subsection (2)(A), (B) or (C) of Section 8.08.005.
(Ord. 1970 § 49, 2013)
When a dog or cat is impounded, the sheltermaster shall cause
notice thereof to be posted at the animal shelter, and mailed to the
animal's owner or custodian, if known. Such notice shall contain a
general description of the animal and shall set forth that, unless
reclaimed within ten days from the posting of notice, or if the owner
or custodian of the animal is known, ten days from the mailing and
posting of such notice, the animal will be adopted or disposed of,
and, if the animal is not reclaimed as herein provided before the
time of adoption or disposal as specified in such notice, the sheltermaster
shall proceed to adopt or dispose of the animal.
(Ord. 1970 § 51, 2013)
When any other animal is impounded, the sheltermaster shall
cause notice thereof to be posted at the animal shelter, and mailed
to the animal's owner or custodian, if known. Such notice shall contain
a general description of such animal, and shall set forth that, unless
reclaimed, the animal will be adopted or disposed of, which time shall
be not less than ten days from the posting of the notice, or, if the
owner or custodian of the animal is known, not less than ten days
from the mailing and posting of such notice; and, if the animal is
not reclaimed as herein provided before the time of adoption or disposal
as specified in such notice, the sheltermaster shall proceed to adopt
such animal, or shall dispose of the animal in a humane way.
(Ord. 1970 § 53, 2013)
(a)
Whenever
an animal has exhibited behavior or characteristics described in Section
8.08.005(2) and the owner of the animal is known, or can be ascertained
by reasonable diligence, the provisions of this section shall be applicable.
(b)
Notification of Hearing. The notification required by subsection (c) of this section shall be given by the animal control officer or sheltermaster to the owner of the animal and to any other person who has requested notice of the hearing and shall include the time and place of the hearing. If the animal has been impounded, the notification shall be given concurrently with, or within forty-eight hours after, any notification required by this chapter relative to the impoundment of the animal and shall include a statement that the time period within which to reclaim the animal shall be stayed until the decision of the police chief, or the hearing officer on appeal, has become final.
(c)
Hearing.
Not less than five working days nor more than ten working days after
the owner of an animal has been notified that the animal is suspected
of being dangerous and the reasons therefor, the police shall conduct
an investigation, hearing from the owner of the animal and any other
interested person.
If the police chief determines that the animal is dangerous,
he or she may order that the animal not be kept, maintained, caused
to be maintained, harbored or possessed within the city or, if the
police chief determines that the dangerousness of the animal can be
abated, he or she shall impose conditions upon the maintenance or
possession of the animal within the city. Such conditions may include,
but shall not be limited to, adequate and secure muzzling, adequate
and secure yard fencing and gates, adequate warning of the dangerousness
of the animal and adequate and secure control of the animal by a competent
person when the animal is allowed onto places open to the public.
If the police chief determines that the dangerousness of the animal
cannot be abated or that the conditions previously imposed upon the
maintenance or possession of the animal within the city have not eliminated
the dangerousness of the animal or have not been complied with, and
that no other location can be found where the animal could be kept
without presenting a threat to the public health, safety or welfare,
the police chief may order that the animal be destroyed.
(d)
Notification
of Decision. Within twenty-four hours after the close of the hearing,
the police chief shall notify the owner of the animal and any persons
who testified at the hearing of his or her decision and the reasons
therefor. The notification shall also state the procedure for appealing
the decision to the hearing officer.
The decision of the police chief shall become final four working days after the police chief gives notice of his or her decision, unless the decision is sooner appealed to a hearing officer as set forth in subsection (e) herein. Not-withstanding the appeal period, the decision of the police chief shall be deemed final upon his or her receipt of a written waiver of the right to appeal from the owner of the animal and any person who testified at the hearing.
(e)
Appeal. The owner of the animal or any other person entitled to notice pursuant to subsection (d) of this section may appeal the decision of the police chief to a hearing officer to be hired by the city by filing a written statement of the grounds therefor with the city clerk. The hearing officer shall be a neutral person as designated by the city manager. The hearing officer shall demonstrate those qualifications, training, and objectivity prescribed by the city manager as are necessary and which are consistent with the duties and responsibilities of such hearing officer.
The hearing officer shall hear the appeal within fifteen days after the appeal is filed. Not less than five days prior to the hearing, the city clerk shall give notice of the time and place of the hearing to the owner of the animal and any person entitled to notice pursuant to subsection (d) of this section. The hearing officer may affirm, modify or reverse the decision of the police chief and shall state the reasons therefor. The decision of the hearing officer shall be final when rendered.
(f)
Release
and Impound Fee. If the animal has been impounded, the provisions
of this subsection shall be applicable. The animal shall not be released,
except in accordance with the final decision of the police chief,
or the hearing officer on appeal, and upon a finding by the police
chief, or the hearing officer on appeal, that the conditions imposed
will be complied with by the owner or person in control of the animal.
The animal shall be released in accordance with the provisions
of this chapter; provided that the impound fees shall be waived if:
(1)
The police chief decided that the animal is not dangerous;
(2)
On appeal by the owner of the animal, the hearing officer reverses
the decision of the police chief that the animal is dangerous or,
if the police chief decided that the animal is dangerous and imposed
conditions, the hearing officer modifies the conditions under which
the animal may be maintained or possessed; or
(3)
The appeal, if any, was filed by a person other than the owner or
other person entitled to custody of the animal.
(g)
Notices.
Notification required by this section shall be given in writing by
personal service or United States Postal Service, certified mail,
return receipt requested, addressed to the person to be notified at
his or her last known address. The giving of notice shall be deemed
to have occurred as of the date of personal service or as of the date
of deposit in the course of transmission of the United States Postal
Service.
(Ord. 1970 § 55, 2013)
No person shall remove or free, or attempt to remove or free,
any animal from the possession of the city animal control officer,
sheltermaster, or police officer, while conveying such animal to the
animal shelter, or after such animal is confined in the animal shelter.
(Ord. 1970 § 58, 2013)
All animals, taken into custody of the sheltermaster, which
are infected with any dangerous or communicable disease or which are
injured beyond recovery may be destroyed by the sheltermaster. No
person being the owner or custodian of any animal infected with any
infectious or contagious disease, such as glanders, farchy, anthrax
or tuberculosis, shall permit or allow the same to go upon any street,
alley or other public place, or to come in contact with any other
animal not so infected.
(Ord. 1970 § 60, 2013)
It is the duty of the sheltermaster to keep a record and description
of all animals taken into his or her custody and impounded, showing
the date and manner of their disposal, and if redeemed, reclaimed
or purchased, and the amount of all fees received by him or her for
taking up, impounding, redeeming, reclaiming or purchasing the same,
as the case may be.
(Ord. 1970 § 62, 2013)
The sheltermaster shall file with the city a monthly statistics
report for the preceding month containing a statement of service calls,
hours and statistics.
(Ord. 1970 § 64, 2013)
The sheltermaster, the animal control officer, the health officer
and all police officers of the city and their respective deputies
or representatives are charged with enforcing the provisions of this
chapter and to pursue, capture and impound any animals found or discovered
in violation of any of the provisions of this chapter, and each of
them is authorized to enter upon any private property while engaged
in the immediate discharge of the duties required of them, or any
of them, under this chapter, for the purpose of enforcing its provisions.
(Ord. 1970 § 66, 2013)
It is unlawful for the owner or person in control of a dangerous animal to fail to surrender the dangerous animal into the custody of the city's animal control authority when requested to do so in accordance with Section 8.08.140, or to fail to comply with all of the conditions imposed pursuant to the hearing held in accordance with Section 8.08.215.
(Ord. 1970 § 68, 2013)
