CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 2. DOGS

(a)   Every owner of any dog over six months of age shall annually register with the city clerk his or her name and address with the name, sex and description of each dog owned and kept within the city.  It shall be unlawful for the owner of any newly acquired dog or any dog brought into the city to fail to register such animal within 30 days from acquisition or bringing the dog into the city.  It shall be unlawful for the owner of any previously registered dog to fail to maintain current registration of such dog.

(b)   Upon registration, the owner shall present a current, completed certificate of immunization against rabies.  No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog over six months of age to fail to maintain effective rabies immunization of such dog.

(c)   The owner or harborer of any dog shall, at the time of registering such dog, present to the city clerk a certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been spayed, if the dog has been neutered or spayed.

(d)   The city clerk shall collect an annual registration fee of $5 for each neutered male dog and for each spayed female dog, and $10 for each unneutered male dog and for each unspayed female dog.

(e)   The registration year shall be from March 15th through March 14th of the following year.  The fee shall be payable before March 15th of each year without penalty.

Registration fees as enumerated above may be prorated for newly acquired dogs or for dogs owned by a person or persons moving to and establishing a home in the city during a calendar year.  Every owner or harborer of a dog or dogs who shall fail to register the same prior to the 1st day of March of each year shall pay in addition to the registration fee herein provided a penalty fee for late registration of $20.00 per dog.

(Ord. 243, Sec. 2; Ord. 286, Sec. 1; Code 1991; Ord. 1999-12, Sec. 1)

It shall be the duty of the city clerk or designated agent, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefor, and shall deliver to the owner or keeper of the dog a certificate in writing, stating that the person has registered the dog and the number by which the dog is registered, and shall also deliver to the owner or keeper of the dog a tag with the registration number and the registration year thereon, which shall be, by the owner or keeper, attached to the collar to be used on the dog so registered. When any tag has become lost during a registration period, the owner of the dog may request a duplicate tag for the remainder of the registration period. When so requested, the city clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag.  It shall be unlawful for any person to take off or remove the city registration tag from any dog belonging to another, or remove the strap or collar on which the same is fastened.

(Ord. 243, Sec. 2; Code 1991)

It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make or use any false, forged or counterfeited tag or imitation thereof.

(Code 1991)

It shall be unlawful for the owner of any dog kept within the city to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog within the prior one (1) year, when requested by the animal control officer or any law enforcement officer.

(Code 1991; Ord. 1999-11, Sec. 1)

The provisions of this article with respect to registra­tion shall not apply to any dog owned by any person visiting or temporarily remaining within the city for less than 30 days.  However, such dogs shall be kept under restraint by the owner thereof at all times.

(Code 1991)

(a)   It shall be unlawful for the owner or harborer of any dog to permit such dog to run at large within the city at any time;

(b)   Any dog running at large within the city shall be impounded as set out in section 2-207;

(c)   The owner of any dog impounded for running at large shall, for the first offense, pay a fine of $25 plus the board bill. For a second offense, the owner or harborer shall pay a fine of $50 plus the board bill. For a third and all subsequent offenses, the owner or harborer shall pay a fine of $100 plus the cost of the board bill.

(Ord. 187, Secs. 1,4; Code 1991)

(a)   Any dog found in violation of the provisions of this article shall be subject to impoundment by the city.

(b)   A record of all dogs impounded shall be kept by the city containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment.

(c)   No dog impounded shall be disposed of until after expiration of a minimum of three full business days of custody during which the public has clear access to inspect and recover the dog through time periods ordinarily accepted as usual business hours. During such time of custody, the city shall attempt to notify the owner or custodian of any dog impounded by such facility if the owner or custodian is known or reasonably ascertainable.  Such dog may at any time be released to the legal owner, moved to a veterinary hospital for treatment or observation, released in any manner, if such dog was a gift to the animal shelter, or euthanized by a licensed veterinarian if it appears to the veterinarian that the dog is diseased or disabled beyond recovery.  If within three full business days the owner does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of.

(d)   If the dog impounded has no current registration tag and the identity of the animal's owner is unknown to the animal control officer or the impounding law enforcement officer then such impounding officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code. If within three full business days the owner does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of.

(e)   If at any time before the sale or destruction of any dog impounded under the provisions of this article, the owner of an impounded dog does appear and redeem the dog, it shall be turned over to the person claiming it upon payment of any impoundment fees or penalties plus the actual costs of impoundment, and upon compliance with the registration provisions of this article. This subsection shall not apply to any dog alleged as being vicious under section 2-115 or suspected of rabies under section 2-119 of this code.

(f)   The minimum impoundment fee shall be $50 plus the board bill.

(g)   Any dog impounded may not be released without a current rabies vaccination.

(h)   Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this article for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commenced hereunder.

(i)    The redemption of any dog impounded for a violation of any provision of this chapter shall be prima facie evidence of the violation of such provision by the person redeeming the dog.

(Ord. 187, Secs. 3:4; Code 1991)

Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or dogs may gain voluntary access to the confined animal except for purposes of planned breeding.  Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisances, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter.  All expenses incurred as a result of the confinement shall be paid by the owner.  The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.

(Ord. 187, Sec. 6; Code 1991)

Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs kept within the city to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals.  Such order shall be published in the official newspaper of the city for such period of time as the mayor may deem necessary.

(Code 1991)

It shall be unlawful to keep, harbor, own, or in any way possess within the corporate limits of the city:

(a)   Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, racoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes). Further this prohibition shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions or medical institutions if:

(1)   Their location conforms to the provisions of the zoning ordinance of the city.

(2)   All animal and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectional odors.

(3)   Animals are maintained in quarters so constructed as to prevent their escape.

(b)   Any animal having poisonous bites.

(c)   Any pit bull dog. Pit bull dog is defined to mean:

(1)   The bull terrier breed of dogs;

(2)   The Staffordshire bull terrier breed of dogs;

(3)   The American pit bull terrier breed of dogs;

(4)   The American Staffordshire terrier breed of dogs;

(5)   Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;

(6)   Any dog which has the appearance and characteristics of being predominently of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.

(d)   This section shall not be applicable to dogs registered with the city on May 17, 1986.

(Ord. 269, Secs. 1,3; Code 1991)