A. 
Every person within the city of Donnelly who owns, keeps, harbors or has custody of a dog of more than six months of age shall obtain a city dog license and pay an annual license fee for each dog.
B. 
License fees shall be due and payable on or before April 10th of each year. Dogs attaining six months of age during the calendar year shall be licensed within 10 days of attaining such age. Delinquent licenses purchased after April 10th shall be one and one-half times the regular amount.
C. 
The annual license fee for each dog required to be licensed shall be as follows:
1. 
Neutered male dog or spayed female dog (with proof of operation to be furnished at time of purchase of license): $5.00.
2. 
Unneutered male dog or unspayed female dog: $15.00.
D. 
Annual license fees shall be paid to the city clerk of Donnelly. The clerk shall require proof of current rabies vaccination and issue to such dog owner a metallic or durable plastic tag, stamped with an identifying number and designed so that it may be conveniently fastened to a dog collar or harness. Such tag shall be fastened to the dog's collar or harness by the owner and shall be worn by the dog at all times. Should a tag be lost, stolen or mutilated, a replacement tag must be obtained at a cost of $2.00. The city clerk shall maintain appropriate records of identifying number, corresponding owner and receipts for annual license fees.
E. 
Any person owning, keeping, harboring or having custody of any dog who fails or refuses to license such dog, as required by this chapter, or fails or refuses to keep the dog tag properly attached to the dog so licensed, or who fails or refuses to prove an adequate rabies vaccination, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25.00 nor more than $100.00.
(Ord. 144 § 2, 1998)
No city license shall be issued for any dog unless the owner or person in charge of such dog shall present to the city clerk at the time of payment of the required license fee for such dog a certificate of a licensed veterinarian that such dog has been currently vaccinated for rabies.
(Ord. 102 § 1, 1986)
A. 
It shall be unlawful for any person owning or having custody of any dog to allow the same to run at large in the city of Donnelly. A dog is at large when the animal is off the premises of the owner or person who has custody of said dog; provided, however, a dog shall not be considered running at large if it is constrained by a leash not exceeding 10 feet in length or such dog is confined in a motor vehicle.
B. 
Any police officer or the city code enforcer is authorized to enter onto the private premises of any person to take possession of a licensed or unlicensed dog when said dog is running at large, behaving in a vicious or dangerous manner or if in fresh pursuit of a dog going onto the private property.
C. 
Unlicensed dogs or unclaimed dogs shall be picked up and destroyed in a humane manner after adequate and appropriate public notification at least five days prior to destroying the dog.
D. 
Any person who is found to be in violation of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25.00, nor more than $100.00.
(Ord. 144 § 3, 1998)
A. 
It shall be unlawful for any person who owns, keeps, harbors, or has custody of any dog to fail to exercise proper care and control of said dog so as to prevent it from becoming a nuisance. Excessive, continuous or untimely barking, attacking, biting or injuring of a person or other animals shall be deemed a nuisance.
B. 
Any person who owns, keeps, harbors, or has custody of a guard dog, a fierce dog, or a dangerous dog upon his or her premises, or otherwise, shall provide a means whereby a person lawfully entering such premises may do so without jeopardy to their life or safety.
C. 
Any person who is found to be in violation of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25.00 nor more than $100.00.
(Ord. 144 § 4, 1998)
A. 
In order to permit observation of a dog for rabies, the owner of any dog known to have bitten a human being must confine the dog immediately after such biting for a period of 21 days in one of the following ways:
1. 
Confinement in a licensed veterinary hospital.
2. 
Confinement in an animal shelter or impoundment facility approved by the city.
B. 
Care shall be exercised to avoid neglect or injury to the dog during confinement pursuant to this section and all costs or expenses incurred as a result of such confinement shall be borne entirely by the owner.
C. 
Any person who is found to be in violation of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25.00 nor more than $100.00.
(Ord. 144 § 5, 1998)
A. 
It shall be unlawful for any person who owns, keeps, harbors, or has custody of any dog to allow or permit such dog to trespass upon and injure, damage or destroy any personal or real property of any person, or any public park, playground or school ground or other public property by, but not limited to, defecating, urinating or digging on any property other than that of the owner of such dog.
B. 
Any person who is found to be in violation of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25.00 nor more than $100.00.
(Ord. 144 § 6, 1998)
A. 
Every owner or custodian of a dog shall maintain his or her premises, or other location where a dog is kept, including, but not limited to, dog kennels, pens or runs, in a clean and sanitary condition so that such premises are free from substantial amounts of dog waste matter and so that such premises are not offensive to sight or smell, harborage to vermin or a health hazard.
B. 
Any person who is found to be in violation of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25.00 nor more than $100.00.
(Ord. 144 § 7, 1998)
The mayor, upon the approval of the city council, is authorized to establish a city pound and/or enter into an agreement with any person or entity, whether contractual or otherwise, for the impoundment, keeping, care and disposal of dogs seized in accordance with the provisions of this chapter.
(Ord. 144 § 8, 1998)
Any dog impounded in accordance with the provisions of this chapter may be redeemed by the owner or custodian prior to destruction of such impounded dog, by paying all fees and/or charges accrued by such impounding as provided by this chapter.
(Ord. 144 § 9, 1998)
Except as otherwise provided, the owner or custodian of any dog impounded under the provisions of this chapter may redeem or reclaim their dog upon payment of $30.00 for the first impoundment and $60.00 for subsequent impoundments occurring within 12 months of the first occurrence, as and for impound reimbursement fees; in addition, $15.00 per day shall be imposed for each such dog held, as and for care and feeding of such dog, and any actual veterinary or hospital costs incurred by the city in caring for such dog while impounded.
(Ord. 144 § 10, 1998)
The mayor, upon approval of the city council, is hereby authorized to appoint a code enforcer, who may be the chief of police, a police officer or any other person with whom the city enters into agreement, whether contractual or otherwise, for the control of dogs or for enforcement of any other ordinance adopted by the city.
(Ord. 144 § 11, 1998)
Duties of the code enforcer are:
A. 
To issue warnings, either oral or written, or issue citations, or sign complaints for violations of city ordinances within the city, to appear as a witness and perform all other acts necessary for the enforcement of this chapter.
B. 
To take to an appropriate facility and humanely destroy any dog which is stray or unclaimed for not less than five days after appropriate public notification, or is suffering from serious injury or disease.
(Ord. 144 § 12, 1998)
A. 
It is unlawful for any person, except the owner or custodian, to release any dog restrained upon their property, without their permission, or to release his or her own or any other dog from the city pound or other place of confinement without the consent of the code enforcer or other official authorized to release dogs.
B. 
Any person who is found to be in violation of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25.00 nor more than $100.00 and shall be ordered to pay restitution for any damage caused through the release of such dog.
(Ord. 144 § 13, 1998)
A. 
The owner or custodian of three or more dogs, regardless of age, shall be deemed the operator of a dog kennel. Said dog kennel shall be kept, at all times, in a clean and sanitary condition and the dogs shall be reasonably restrained from annoying the neighborhood or the general public by loud, frequent, or habitual barking, yelping or howling.
B. 
The application for a kennel license shall state the name and address of the owner of said kennel, the location of the kennel and the number of dogs proposed to be kept.
C. 
No kennel shall be established within 150 feet of any dwelling house other than that of the kennel owner; provided, however, that a kennel license may be issued by the city to establish a kennel within 150 feet of a dwelling house other than that of the kennel owner upon consent of all property owners within 300 feet of the kennel.
D. 
If a kennel license is issued, the holder thereof shall pay the city an annual license fee of $20.00 and said certificate of license shall be posted in a conspicuous place at the kennel. No kennel license shall be transferable.
E. 
It shall be unlawful to keep, maintain or possess upon the premises of any one household more than two dogs unless the owner or person in charge thereof shall have obtained a kennel license; provided further, that in the event the number of dogs upon the premises of any one household exceeds two for the reason that newborn puppies have been born to a dog living on said premises, then and in that event, it shall be lawful to keep, maintain and possess upon said premises said puppies until they reach the age of two months without obtaining a kennel license.
The issuance of the kennel license shall not relieve an owner from their obligation to obtain individual dog licenses, nor shall any of the provisions hereof be deemed to vary or alter any of the zoning regulations of the city.
(Ord. 144 § 14, 1998)
Any individual charged with a violation of any section of this chapter unless otherwise specifically set forth shall, upon conviction, be punished by fine only and no individual shall be subject to incarceration. Such individual shall have no right to court-appointed counsel or right to trial by jury.
(Ord. 144 § 15, 1998)
A. 
In order to eliminate burdening the court system with violations of this chapter, and as a convenience to the public, a police officer or code enforcer may, in addition to or in lieu of impounding an animal running at large or being unlicensed, and prior to issuing a misdemeanor criminal citation for a violation of this chapter, issue to any person who is in violation of this chapter a notice of ordinance violation.
B. 
Any person receiving a notice of ordinance violation will have five days to correct the violation.
C. 
In the event a person does not correct the violation a misdemeanor citation for violation of the section of this chapter for which the notice of ordinance violation was given may be issued.
(Ord. 144 § 16, 1998)
A. 
Any person who fails to appear before the court at the time or place directed in the misdemeanor citation which may be issued for a violation of this chapter is guilty of a misdemeanor, punishable by a fine of not more than $300.00 or by imprisonment in the county jail for not more than six months, or both.
B. 
The duty to appear in court at the time indicated in a misdemeanor citation may be complied with by an appearance of counsel in the manner prescribed by rule of the Supreme Court.
(Ord. 144 § 17, 1998)