No owner of any dog, whether licensed or unlicensed, shall permit or allow such dog to run at large on any public street, alley, park, square, place or any unenclosed lot or land within the City. All dogs shall be deemed running at large, within the meaning of this Chapter, unless lead or restrained by a substantial leash, chain, strap or cord, not to exceed eight feet (8′) in length, attached to their collars and actually held by some person or made fast to some stationary object.
(A) 
No person having ownership, custody, possession, or control of a dog shall:
(1) 
Suffer or permit the dog to deposit excrement on public property or the property of any other person not authorizing such conduct; or
(2) 
Fail promptly to remove, clean up, and properly dispose of any excrement deposited by the dog on public property or the property of any other person not authorizing such conduct; or
(3) 
While walking a dog on public property or upon the property of another, fail to carry, at all times, a suitable container or other suitable instrument for the removal and disposal of dog excrement.
(B) 
Visually disabled persons using seeing-eye dogs and persons using service dogs are exempt from this Section.
All dogs of fierce, dangerous or vicious propensities and all female dogs in heat, whether licensed or not, shall be at all times confined in a substantial pen in such a manner that no other dog, except another dog of the same owner, may come in contact with such dog. If any such dog is found running at large in violation of this Section, it shall be taken up and impounded and shall not be released except upon approval of the City Manager after the payment of the fees provided in this Chapter; provided, that if any dangerous, fierce or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain forthwith by the poundmaster or any policeman.
No person shall own, possess, maintain or have control of any dog over the age of four (4) months within the City that has not been vaccinated at intervals of not less than one (1) year and not more than two (2) years by a licensed veterinarian with a canine antirabies vaccine, approved by the Health Officer.
Whenever it becomes necessary to safeguard the public from the dangers of rabies, the Mayor, if the Mayor deems necessary, shall issue a proclamation declaring a thirty (30) day period of emergency and ordering every person owning or keeping a dog to confine it securely on his premises during such emergency period, unless such dog shall have a muzzle of sufficient strength to prevent its biting any person or animal. Any unmuzzled dog running at large during the period of the emergency shall be seized and impounded unless noticeably infected with rabies.
All dogs noticeably infected with rabies and displaying vicious propensities may be killed by the poundmaster or any police officer forthwith and without notice to the owner. The provisions of this Chapter shall apply to all dogs not noticeably infected with rabies. If at or near the end of the first or any subsequent thirty (30) day emergency period, as provided for in this Chapter, the Mayor believes that such emergency still exists, he may extend such emergency period from time to time for additional thirty (30) day periods until such emergency no longer exists.
No dog owner shall permit or allow his dog to habitually howl, bark or in any other manner disturb the peace and quietude of the community or of any person within the City. Such conduct on the part of any dog is hereby declared to be a public nuisance. It shall be the duty of the poundmaster and every police officer of the City to take whatever steps they may in their discretion believe to be necessary, to abate any such nuisance and in seeking to abate any such nuisance occurring in the presence of the officer, any such officer may enter upon private property and take any such dog into custody and impound the same; provided, that such dog may not be taken from any dwelling house or other building. In the event of the impounding of any dog as provided in this Chapter, all applicable provisions of this Chapter shall apply.
All dog licenses issued as provided by this Chapter shall be revoked whenever a dog has been impounded for the third time as provided in this Chapter. No person shall keep or maintain any dog in the City after its license has been revoked.
Such dog may not be released from the pound except with the written permission of the City Manager, who shall first obtain from the owner a written agreement that such dog shall, if released, be permanently removed from the City. If the owner of such dog refuses to so agree, the dog shall be disposed of as provided herein. The owner may, however, sign such an agreement under protest and appeal by written notice to the City Council for reinstatement of the dog license. Pending a decision on such appeal, such dog shall be kept outside of the City. The City Council shall set such appeal for hearing within forty-five (45) days after receipt of such appeal and give the owner the opportunity to present witnesses in his behalf. The City Council may either reinstate the license or permanently revoke it and its decision shall be final.
All dog licenses issued as provided by this Chapter may be revoked whenever a dog is found to be dangerous. A dangerous dog is hereby defined, for the purposes of this Chapter, to be a dog with the propensity to bite human beings. It shall be prima facie evidence that a dog is dangerous when it has bitten any person; provided, that such person is not trespassing upon the property of the owner.
In the event any dog shall have, on a second occasion, bitten a human being other than a trespasser, such dog shall thereafter, if kept in the City, at all times be confined in a secure pen, in such a manner that it cannot escape, and such pen shall be inspected and approved by the City Manager. If such dog is in the City pound, it shall not be released until the City Manager has examined and approved such pen. If the owner of such dog shall refuse to provide such pen, the provisions of SJBMC 5-7-245 shall apply.
If such dog has been confined in a pen at the home of the owner during such second period of observation, instead of the City pound, the owner shall continue to keep such dog in such pen after such period of observation and shall sign a written agreement to keep such dog in such pen at all times thereafter so long as it shall remain in the City. If the owner shall refuse to unconditionally so agree, the license of such dog must be revoked and no other license may be issued for such dog. The owner may, however, appeal to the City Council for reinstatement of such dog license as provided in SJBMC 5-7-230 after such license has been revoked as provided in this Chapter, upon the ground that such dog is not in fact of a dangerous disposition.
No person, hereinafter called “owner,” shall own, posses, maintain, harbor or have control of any dog over the age of four (4) months within the City for over thirty (30) days, unless such dog is licensed as provided in this Chapter. Every owner so having any dog over the age of four (4) months shall apply for a license for such dog and shall pay a license fee as follows:
(A) 
For each neutered male or spayed female: three dollars ($3.00);
(B) 
For each natural male or female: six dollars ($6.00).
Such license shall be paid to the City Clerk, City License Collector or to the poundmaster. Such license shall cover the period beginning July 1st and ending on the following June 30th, and shall be payable in advance on July 1st of each year. No license shall be issued for a portion of a year.
The owner applying for any license required by this Chapter shall present a valid antirabies vaccination certificate stating the date the dog was vaccinated with antirabies vaccine, the type of rabies vaccine administered, the name and address of the owner, the breed, color, sex and age of the dog and signed by the veterinarian vaccinating the dog. Following presentation of the valid vaccination certificate by the owner, the owner shall make application for such license upon a form provided by the City, which application shall state his name and address, the name, breed, color, sex and age of each dog owned or kept by him and the date he acquired such dog, if acquired after July 1st, of the current license period.
The owner of a “seeing eye” dog, properly trained to assist blind persons, when such dog is actually being used by such blind person for the purpose of aiding him in going from place to place, shall make application for a license on such form and shall present such vaccination certificate but such license shall be issued without charge. All other licenses shall be paid for prior to the time they are issued.
Upon payment of the license fee required by this Chapter, the City shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The shape of the tag shall be changed every year and shall have stamped thereon the expiration date of such tag and the number corresponding with the number on the certificate. Each owner shall provide each dog with a collar to which the license tag shall be affixed and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate shall be issued by the City upon presentation of a receipt showing the payment of the license fee for the current year and the payment of a fifty-cent ($0.50) fee for each such duplicate.
Dog tags shall not be transferable from one dog to another and no refund shall be made on any license fee because of the death of the dog or the owner’s leaving the City before expiration of the license period.
A grace period of thirty (30) days in obtaining a dog license is hereby granted and no penalty shall be imposed if such license is obtained within thirty (30) days after July 1st, or within thirty (30) days after the owner came into ownership or possession of such dog if he did not have such ownership or possession on July 1st. If such dog license is not purchased within the grace period, the owner in addition to regular license fee, shall pay a penalty as follows:
(A) 
Twenty-five percent (25%) if paid within the first month following the grace period.
(B) 
Fifty percent (50%) if paid within the second month following the grace period.
(C) 
Seventy-five percent (75%) if paid within the third month following the grace period.
(D) 
One hundred percent (100%) if paid within the fourth month or any subsequent month following the grace period.
The amount of any dog license, together with penalties, impounding fees and all other charges specified in this Chapter, shall be deemed a debt to the City and any person liable for the payment thereof shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount thereof and also for the sum of twenty-five dollars ($25.00) which, if judgment is recovered, shall be applied as attorneys’ fees for the plaintiff and included in and assessed as recoverable court costs in such action.
It shall be the duty of the poundmaster and every police officer to apprehend any dog found running at large contrary to the provisions of this Chapter and to impound such dog in the City pound or other suitable place. The poundmaster, upon receiving any dog, shall make a complete registry, entering the breed, color and sex of such dog and whether the dog is licensed. If licensed, he shall enter the name and address of the owner and the number of the license tag. Licensed dogs shall be separated from unlicensed dogs.
Not later than one (1) day after the impounding of any dog, the owner shall be notified, if the owner is known, or if the owner of the dog is unknown, written notice shall be posted for four (4) days at the City Hall describing the dog and the place and time of taking. Notice may be given to the owner in person, by mail or by telephone.
The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and of all costs and charges incurred by the City for impounding and maintenance of such dog.
The following charges shall be paid to the City Clerk, City License Collector or to the poundmaster for services performed by the City pursuant to this Chapter:
(A) 
For destroying any dog at the request of the owner: five dollars ($5.00).
(B) 
For picking up any animal at owner’s request: five dollars ($5.00).
(C) 
First impounding of any dog:
(1) 
With license: ten dollars ($10.00);
(2) 
Without license: fifteen dollars ($15.00).
(D) 
Second or subsequent impounding of any dog:
(1) 
With license: twenty dollars ($20.00);
(2) 
Without license: twenty-five dollars ($25.00).
(E) 
Board or keeping of dog, per day: two dollars and fifty cents ($2.50).
(F) 
Board or keeping of cat, per day: one dollar and fifty cents ($1.50).
The poundmaster shall keep all impounded dogs for a period of five (5) days. If at the expiration of five (5) days from the day of notice to the owner or posting of notice, such dog shall not have been redeemed, it may be destroyed in some humane manner or otherwise disposed of by the poundmaster. The poundmaster shall have the privilege of claiming any dog which has been impounded in the City pound and which has not been claimed or redeemed within the time specified in this Section. Any dog which appears to be suffering from rabies or affected with rabies, mange or other infectious or dangerous disease shall not be released but may be forthwith destroyed.
The poundmaster shall keep a permanent record in which he shall list all dogs impounded, giving such information as the City Council may require, but such record shall include the date, description of the dog, where it was picked up, its age, sex and breed, whether licensed or unlicensed, whether reclaimed or disposed of and if disposed of, in what manner. Such record shall also include all charges and receipts of all money.
The poundmaster shall make a periodic report to the City Council, upon request, giving such information to the City as is required by this Chapter and as may be requested.