[Adopted 2-19-1987 as Part 7, Art.
701 of the 1987 Codified Ordinances]
For the purpose of this article, the following
words shall have the meanings ascribed in this section, unless the
context clearly indicates a different meaning:
Includes all dogs, cats or other domestic animals.
When applied to the proprietorship of a dog, means every
person having a right of property in such dog and every person who
keeps or harbors such dog or has it in his care or custody and every
person who permits such dog to remain on or about any premises owned
or occupied by him.
No owner of any dog shall allow or permit such
dog, whether licensed or not, to run at large within the City, either
upon the streets or public grounds or upon private property of other
than the owner of such dog.
It shall be the duty of the owner of any dog,
while traveling on the streets, alleys or public grounds in the City,
to have such dog under sufficient control at all times so as to prevent
the dog from entering upon the property of any person in the City
without the consent of the owner of such property.
[Amended 4-24-2008 by Ord. No. 1607]
A.
Administration and enforcement of this article within
the City of Butler shall be undertaken in any of the following ways
as determined by City Council from time to time by resolution:
B.
The Dog Law Enforcement Officer is hereby charged
with properly and humanely enforcing the provisions of this Article
and any other ordinance or law pertaining to dogs within the City.
It shall be the duty of the Dog Law Enforcement
Officer or any police officer of the City to seize and detain every
dog, whether licensed or not, which is in violation of this article
or any other pertinent law. When the Dog Law Enforcement Officer or
any police officer of the City is in immediate pursuit of any such
dog he is authorized to go upon any open private property upon which
the dog is trespassing in order to seize and detain such dog.
[Amended 4-24-2008 by Ord. No. 1607]
The City, or its third-party enforcement agency,
shall provide a suitable pen or pound for the keeping of such dogs
as may be found running at large in violation of this article.
[Amended 2-20-1997 by Ord. No. 1430; 4-24-2008 by Ord. No.
1607]
A.
Any dog bearing a proper license tag detained under
the provisions of this article shall be properly kept and fed within
24 hours of capture. The Dog Law Enforcement Officer will call the
owner to notify the owner that the dog is being held, of the location
of the kennel and of the time period that the owner has to retrieve
the dog. In addition, the owner shall be provided with written notice
delivered to the owner by certified mail.
B.
The owner of the licensed dog so detained shall pay
all fines and costs imposed by this article for the violation thereof
and also the expense of impounding and keeping the dog before the
dog is returned. Such expense shall be as set forth in the City of
Butler fee schedule, adopted from time to time by resolution of the
City Council, and in the contract between the City of Butler and its
third-party enforcement agency.
C.
If, after five days from the giving of the notice required in Article II, § 104-9B, in the event that the owner is known, such dog has not been claimed by its owner and the fine and costs imposed under this article have not been paid, the Dog Law Enforcement Officer shall dispose of such dog by placement or by humane destruction. The Dog Law Enforcement Officer will notify Animal Friends within 24 hours of the time of capture.
[Amended 4-24-2008 by Ord. No. 1607]
A.
All dogs found running at large in the City, which do not bear a proper license tag or are unlicensed, shall be impounded for a period of 72 hours after the capture thereof. During the seventy-two-hour period, such dog may be reclaimed by his owner upon payment of all fines and costs imposed under this article for the violation thereof and also the costs of impounding and keeping such dog as set forth in § 104-9.
B.
At the expiration of 72 hours, if such dog is not
reclaimed as aforesaid, the Dog Enforcement Officer shall dispose
of such dog by placement or by destruction in some humane manner.
The Dog Enforcement Officer will notify Animal Friends within 24 hours
of the time of capture.
The Dog Law Enforcement Officer shall keep an
accurate and up-to-date record of all animals received, returned or
disposed of by him and of all funds received by him in the performance
of his duties and shall report the same each month to the Mayor and
Council.
[Amended 4-24-2008 by Ord. No. 1607]
If the Dog Enforcement Officer is an employee
of the City of Butler, all fines, penalties and costs collected under
this article shall be paid to the City Treasurer. If the Dog Enforcement
Officer is a third-party agency hired for the purpose of animal control,
all fines, penalties and costs shall be paid to the third-party agency
in accordance with the contract between the City of Butler and said
agency.
Any person who shall obstruct the Dog Law Enforcement Officer or other person appointed under this article in carrying out the provisions of this article or who shall willfully or maliciously obstruct or molest him in the seizure and transportation of dogs in violation of this article shall be liable upon conviction thereof under the penalties provided in § 104-14.
[Amended 2-20-1997 by Ord. No. 1430]
Any person violating any of the provisions of
this article shall be fined not more than $300 and costs of prosecution
and, in default of payment of fine and costs, shall be imprisoned
not more than 90 days.
