Control of Animals

• 5-1-114 - Control of animals required—At large—Arrest—Estrays—Confinement in season

• A.   It is unlawful for any owner or keeper to fail to prevent or permit any animal from running at large within the city. Any animal found running at large within the city shall be either:
  1.   Impounded by the animal welfare officer and disposed of at the discretion of the city unless reclaimed as provided for in this chapter; or
  2.   At the discretion of the animal welfare officer, an animal found at large which is licensed by the city, except a dangerous dog or a menacing dog as those terms are defined in this chapter, may be released to the custody of the owner or keeper of the animal.
  B.   When a police officer arrests a person who is in possession of or caring for an animal and no responsible person of at least eighteen (18) years of age is present at the scene to take care of the animal, the animal will be impounded for the welfare of the animal. The animal will be disposed of at the discretion of the city unless redeemed as provided for in this chapter.
  C.   An animal welfare officer is authorized to trap or impound any animal observed to be in violation of any of the provisions of this section or for humane reasons or public health and safety concerns. An animal welfare officer may, when in physical pursuit of an at large animal, enter upon the premises of the owner or other private premises to take such animal into custody once it has been established that the occupant is not present and ownership of the animal cannot be established.
  D.   An animal welfare officer is authorized to use all standard methods, techniques and equipment for animal capture, to include but not limited to foot pursuit, pigging strings, catchpoles, lead ropes, traps and/or chemical immobilization administered by tranquilizer pistol or rifle.
  E.   No impounded animal shall be returned to its owner or keeper until the animal impoundment and boarding fees are paid.
  F.   Every female dog or cat in season (heat) shall be kept confined in such a manner that such female dog or cat cannot come in contact with other animals, except for controlled breeding purposes. Female animals picked up by the animal welfare division which are in season (heat) shall be kept separate from male animals at all times.
  (Ord. 2005-11, Amended, 04/22/2005; Ord. 2001-09, Amended, 02/27/2001; 97-33, Amended, 07/22/1997)
  (Ord. 2007-06, Amended, 03/15/2007)
  (Ord. No. 13-26, § 4, 8-13-2013)

• 5-1-115 - Dog or cat running at large—Owners cited

• Any dog or cat that is not confined as provided in Section 5-101(A)(12) of this code, and not under the actual physical control of its owner or keeper, will be presumed to be running at large. In addition to impoundment, the animal welfare officer may, at their discretion, cite the owner, keeper, or person who possesses such dog or cat to appear in municipal court to answer charges for violation of this chapter. The fine imposed by the municipal court for a dog or cat running at large shall not be less than one hundred dollars ($100.00) for the first offense, one hundred fifty dollars ($150.00) for the second offense and two hundred dollars ($200.00) for the third and any consecutive offenses.
  (Ord. 2005-11, Amended, 04/22/2005; Ord. 2001-09, Amended, 02/27/2001; 97-33, Amended, 07/22/1997)
  (Ord. 2008-32, Amended, 04/08/2008)
  (Ord. No. 10-07, § 1, 2-23-2010)

• 5-1-116 - Dogs prohibited from concrete park trails

• A.   Dogs are prohibited, whether running at large or restrained, from the concrete trails or sidewalks at any city park which has an established concrete trail or sidewalk except by proper resolution by the city council exception may be made to this provision for sanctioned and approved city wide public events on a temporary basis.
  B.   When dogs are found on the concrete trails or sidewalks at any city park as prohibited by subsection A. of this section and their owners or keepers are present, such dogs may but need not be impounded; provided, however, the animal welfare officer shall ensure the dogs are removed from the concrete trails or sidewalks and may, at his discretion, cite the owner of such dog to appear in municipal court to answer charges for violation of this or the preceding section.
  C.   The preceding provisions of this section shall not be applicable to any certified "working dogs for the disabled," which shall be deemed exempt here from.
  (Ord. 2004-23, Amended, 05/25/2004; Ord. 2001-09, Amended, 02/27/2001; 97-33, Amended, 07/22/1997)
  (Ord. No. 12-23, § 1, 7-10-2012)

A.  Any dog or cat or other small animal found running at large may be impounded in the animal shelter. Any animal not redeemed by the owner or keeper before the expiration of seventy-two (72) hours, exclusive of Sundays, Mondays and city holidays, shall become the property of the city and may be disposed of at the discretion of the city.

B.  The animal welfare officer, upon receiving any animal for impoundment, shall record or cause to be recorded the description, breed, color and sex of the animal and whether or not it is licensed, and the date and time of impoundment. If the animal is licensed or if the owner or keeper is known, the officer shall enter the name and address of the owner or keeper, or the city license or rabies tag number as may be shown on the impoundment records. If the owner or keeper is known or can be determined from city records or identification attached to the animal, the animal welfare division will attempt to telephone the owner or keeper, or post written notice at the address shown on city records to be that of the owner or keeper, to notify the owner or keeper that unless redeemed in accordance with this code within seventy-two (72) hours after impoundment, Sundays, Mondays and city holidays excluded, the animal will be destroyed or otherwise disposed of at the discretion of the city. Attempts to contact the owner or keeper will be recorded on the reverse of the impoundment record.

C.  At the end of the redemption period prescribed in this section, animals that have not been redeemed by the owner or keeper thereof may be destroyed, adopted or otherwise disposed of at the discretion of the city. Should it be determined that the owner of the impounded animal is experiencing a situation that prohibits reclaiming the animal within the specified redemption period, the redemption period may be extended at the discretion of the animal welfare superintendent. If in the judgment of the animal welfare personnel an animal has been well maintained, the animal may be retained for an additional seventy-two (72) hours for the purpose of adoption or transferred to an animal adoption agency or National Breed Rescue Organization.

D.  Before any dog or cat is released for adoption from the city's animal shelter, such dog or cat shall be issued a license, as provided for in this chapter, if such dog or cat has not previously been licensed.

E.  No animal may be adopted from the animal shelter by any employee of the shelter for any reason, nor may any employee of the shelter adopt, give away or sell any animal from the shelter except in accordance with the provisions of this chapter.

F.  There is hereby established a grace period of seven (7) days beginning on the day of adoption and ending at the close of business on the seventh day thereafter, during which period an animal adopted from the city's animal shelter may be returned to the animal shelter for a refund of the adoption fee, spay/neuter deposit, vaccination deposit and license fee or, at the option of the adopting party, a replacement animal, conditioned solely upon the presentation of written certification of a licensed veterinarian that the adopted animal is in poor health.

G.  The city council, by duly enacted resolution, may designate certain days in which animals eligible for adoption may be adopted from the city's animal shelter without the payment of the adoption fee as required in the fee schedule. Provided, however, that the other provisions of this chapter shall apply to the animals adopted under this subsection.

H.  There is hereby established a "No Questions Asked" period of three (3) days from the date of the adoption whereby an adopted animal can be returned for any reason to the animal welfare division for a full refund of fees and any deposits received.

I.  The animal welfare division reserves the right to refuse an adoption based on noncompliance with agreements required by a previous adoption, previous animal related citations issued within the last twenty-four (24) months of the application that resulted in a conviction or payment of costs, inability or refusal to provide a picture I.D. at time of adoption, inability to show proof of an established residence, and out-of-town residents who express refusal to comply with adoption spay/neuter policies mandated for city residents.

A.  Except as hereinafter provided, a licensed and vaccinated animal impounded under the provisions of this chapter may be redeemed by the owner or keeper upon payment of the impoundment fee as provided in the fee schedule and the animal shelter boarding fee. The owner or keeper has seventy-two (72) hours after impoundment, Sundays, Mondays and city holidays excluded, to redeem the animal. If the owner or keeper has not made arrangements to redeem the animal within this period, the animal becomes the property of the city and may be disposed of at the discretion of the city. Should if be determined that the owner of the impounded animal is experiencing a situation that prohibits reclaiming the animal within the specified redemption period, the redemption period may be extended at the discretion of the animal welfare superintendent.

B.  No animal impounded due to abandonment or public nuisance or in order to protect the health or safety of the animal shall be eligible for redemption by the owner unless the owner demonstrates to the satisfaction of the animal welfare division that another party was responsible for the conditions leading to impoundment or that the conditions leading to impoundment have been corrected and upon payment of the impoundment fee as provided in the fee schedule and the animal shelter boarding fee.

C.  No unlicensed dog or cat may be released from impoundment to its owner or keeper until such dog or cat is issued a license, as provided in this chapter, and after payment of the fee as provided in the fee schedule.

D.  No unvaccinated animal may be released from impoundment unless payment of the fee as provided in the fee schedule has been made and the owner or keeper signs an agreement to have the animal vaccinated against rabies within two (2) weeks of release, or from the time the animal reaches the age of six (6) months, by a licensed veterinarian and return documented proof of such to the animal welfare division on or before the contract compliance date. Failure to comply with the agreement shall be unlawful, and may result in the issuance of a citation for violation of the provisions of this chapter. The owner or keeper shall also be required to deposit funds with the animal shelter to ensure the animal is vaccinated. The amount of the deposit shall be set in the fee schedule, and will be refunded to the owner upon presentation of the documented proof on or before the contract compliance date.

E.  The owner or keeper of an unaltered dog or cat impounded under the provisions of this chapter may redeem their pet upon payment of the required fees as provided in the fee schedule. The owner or keeper shall also be required to deposit funds with the animal shelter in an amount equal to the sterilization deposit as established in the fee schedule. The deposit will be refunded to the owner upon presentation of a written statement signed by a licensed veterinarian that the animal has been neutered or spayed. The statement must be presented within fourteen (14) days from the redemption date in order to receive the refund. If the dog or cat has been impounded for a third time within a twenty-four (24) month period, the animal may not be released from the animal shelter unless the owner or keeper signs an agreement, in addition to making the deposit, to have the animal neutered or spayed within two (2) weeks of release. If the animal is less than six (6) months old at the time of redemption, the statement must be presented within fourteen (14) days from the date the animal attains the age of six (6) months. Failure to comply with the agreement shall be unlawful, and may result in the issuance of a citation for violation of the provisions of the chapter.

F.  Upon presentation of a written report from a licensed veterinarian stating that the life or health of an unaltered dog or cat may be jeopardized by surgery, the animal welfare superintendent shall grant a thirty (30) day extension of the period within which the spay or neuter surgery would otherwise be required. Further extensions may be granted upon additional veterinary reports stating the necessity for such extensions.

G.  The vaccination and sterilization deposits required above will be retained by the city, and a refund of the deposits will be made upon presentation of a written statement signed by a licensed veterinarian that the animal has been vaccinated and/or neutered or spayed. If the animal has not been vaccinated and/or altered within the time specified in the release agreement, the deposits will be forfeited to the city. Deposits forfeited to the city shall be placed in a separate account, which shall be an interest bearing account if feasible, and such forfeited funds shall be used for promoting programs which educate the public on the need for vaccinating and altering animals, and responsible pet ownership.

H.  In addition to forfeited vaccination and sterilization deposits, twenty-five percent (25%) of all impoundment and boarding fees required to be paid to redeem impounded animals shall be deposited into the same account established in the preceding paragraph to promote the same programs.