The text
Sec. 4-41. - Disposition of animals other than dogs found at large.#
Any animal, other than a dog, found running at large within the city limits may be impounded or disposed of according to law when such action is required either to protect the animal or to protect the residents of the city.
(Code 1971, § 3-28)
Sec. 4-42. - Impoundment of dogs at large.#
Any dog found running at large shall be taken up by the animal control officer, and impounded in the shelter designated as the city public pound.
(Code 1971, § 3-29)
Sec. 4-43. - Citation in lieu of impoundment.#
When dogs are found running at large, and their ownership is known to the animal control officer, such dogs need not be impounded, but such officer may cite the owners of such dogs to appear in court to answer to charges of violation of this article.
(Code 1971, § 3-30)
Sec. 4-44. - Notice of impoundment.#
Immediately upon impounding any dog, the animal control officer shall make every possible reasonable effort to notify the owners of such dog so impounded, and inform such owner of the conditions whereby the owner may regain custody of such dog.
(Code 1971, § 3-31)
Sec. 4-45. - Impoundment period.#
Dogs impounded pursuant to this article in the animal pound may be confined in a humane manner for a period of not less than seven days.
(Code 1971, § 3-32)
Sec. 4-46. - Redemption of impounded animals; payment of fee.#
The owner of any impounded dog or animal shall be entitled to regain possession of such beast, except as otherwise provided, upon the payment of an impoundment fee as established by the board of public safety and as provided in chapter 18. Said fee shall be in addition to any pecuniary penalty for violation of this chapter and/or state law.
(Code 1971, § 3-33)
Sec. 4-47. - Establishment of fees.#
The board of public safety is hereby authorized and empowered to establish a fee for each day an animal is kept after the day of impoundment. The board shall establish the charge based upon the reasonable cost of keeping such animals per day, and the charge may be adjusted from time to time to reflect any change in the reasonable cost of keeping such animals per day.
(Code 1971, § 3-34)
Sec. 4-48. - Disposition of unclaimed animals.#
Any dog or other animal impounded under the provisions of this article and not reclaimed by its owner within seven days may be humanely disposed of or destroyed by the animal control officer, have its title transferred to another licensed releasing agency after the legal detention period has run and if such dog has not been claimed by the owner, or may be placed in the custody of some person deemed to be a responsible and suitable owner, who will agree to comply with the provisions of this chapter and such other regulations as shall be fixed by the city. However, if the animal is one as to which the respective rights of the owner and the person in possession or custody are determined by state law, such law shall be complied with.
(Code 1971, § 3-35; Ord. No. O-17-17, § I, 7-18-17)
Sec. 4-49. - Destruction of animals by the animal control officer.#
Destruction of animals by the animal control officer in a gas chamber is prohibited. All animals which are euthanized by the animal control officer shall be done by lethal injection.
(Ord. No. O-00-13, § I, 4-11-00)
Sec. 4-50. - Unrestricted and aggressive dogs prohibited.#
(a)
Whenever it shall be affirmed in writing by any two persons having separate residence or regularly employed in the neighborhood or if the animal control office or a police officer determine that any dog is being aggressive without provocation by its actions such as biting or attacking a human or any animal or in an aggressive or terrorizing manner approaches a person or animal in an apparent display of attack, the animal control officer or the police shall have the authority to issue violations and/or impound said dog and/or service notice upon the owner or custodian that such vicious action must be abated.
(b)
It is unlawful for any owner of an aggressive dog to place that dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of restricting the dog.
(c)
The penalty for violating the provisions of this section shall be a fine not exceeding $250.00 for the first offense; not exceeding $350.00 for the second offense; and a mandatory court appearance and a fine not exceeding $500.00 for the third offense. A fine may only be levied after an investigation into the incident is conducted by animal control or police and the owner or keeper of said dog is deemed to be negligent in their actions.
(d)
An owner shall not be deemed negligent if an injury or damage is sustained by an animal which has trespassed onto the property where the dog resides or a person who, at the time that injury or damage was sustained, was committing a trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, provoking, abusing, or assaulting the dog or was attempting to commit a crime.
(Ord. No. O-17-29, § I, 11-7-17)