TITLE 6 ANIMALS
Chapter 6-12 Animals Running at Large; Strays; Impoundment; Disturbing the Peace
6-12-010 Running at large prohibited.
6-12-020 Incompetent control prohibited.
6-12-030 Impoundment.
6-12-040 Notice of impoundment.
6-12-050 Proceedings against violators; animal control officer authority.
6-12-060 Refusal to retrieve impounded animal; owner liable for fees.
6-12-070 Dead animals; disposal; owner notification.
6-12-080 Disturbing the peace prohibited.
6-12-090 Confinement during estrus.
6-12-010 Running at large prohibited.
It is unlawful for any person owning or having charge of any animal, except
an ordinary domesticated house cat and except for dogs used by the city for
public health or public safety purposes, to permit the animal to run at large
within the city. (Ord. 233 Art. V §1, 1975; Ord. 993 §3, 1993; Ord.
1696 §1, 2002)
6-12-020 Incompetent control prohibited.
(A) It is unlawful for any person owning any animal to permit the animal to
be in the care and custody of a person who is not competent to restrain and
control the animal.
(B) Any person owning or having charge of any cat shall maintain reasonable
control over such cat. For purposes of this title, a cat shall not be deemed
under reasonable control when such cat inflicts damage or injury to the person
or property of anyone other than the owner or keeper thereof. (Ord. 233 Art. V
§2, 1975; Ord. 993 §3, 1993)
6-12-030 Impoundment.
(A) Any stray animal, with or without a registration-rabies tag, found
loose anywhere within the city may be taken into custody by an animal control
officer and impounded in a humane manner.
(B) Animal control officers are authorized to go upon private property to
take into custody any animal in violation of this title or other applicable law,
provided that the officer witnessed the violation. Whenever it is necessary to
make an inspection of private property to enforce any of the provisions of this
chapter or other applicable law, the inspection shall be made pursuant to the
requirements and procedures set forth in chapter 6-04 of this title.
(C) Sick or injured animals found on public property may be impounded and
given adequate veterinary medical treatment. In the event a seriously or
critically injured animal is impounded and such animal is without
identification, without a rabies tag or other means of identifying the owner, or
the owner cannot be reached after reasonable attempts, such animal may be
humanely destroyed without being held for any period. In the event a seriously
or critically injured animal is in the custody of an animal control officer and
such animal is without identification, without a rabies tag or other
means
of identifying the owner, or the owner cannot be reached after reasonable
attempts, such animal may be humanely destroyed without being impounded. (Ord.
993 §3, 1993)
6-12-040 Notice of impoundment.
(A) As soon as practicable after impoundment, a bona fide effort shall be
made to give notice of impoundment to the owner. Any impounded animal shall be
released to the owner upon payment of the impoundment fee, boarding fee,
veterinary care charges, and any other costs associated with impoundment. If
such animal is not redeemed within five days, it shall be considered abandoned
and may be euthanized or placed for adoption at the discretion of the Animal
Shelter; provided, however, that under no circumstances shall any impounded live
animal be given or sold to any institution or agency for experimental or medical
research projects of any kind. The failure of the owner to redeem an animal
shall release the city and animal shelter, and their officers, employees, and
agents, from any and all liability for the animal's subsequent euthanization or
adoption.
(B) A complete and accurate record of all animals impounded shall be
maintained, including the facts regarding the release or method of disposal of
such animals. (Ord. 993 §3, 1993)
6-12-050 Proceedings against violators; animal control officer authority.
If an animal is impounded, the animal control officer may institute
proceedings in the municipal court on behalf of the city against the owner,
charging the owner with a violation of the appropriate section or sections of
this title or other applicable law. Nothing contained in this section shall be
construed as preventing the animal control officer from instituting a proceeding
in the municipal court for violations of this title or other applicable law
where there has been no impoundment. (Ord. 993 §3, 1993)
6-12-060 Refusal to retrieve impounded animal; owner liable for fees.
The refusal or failure to retrieve any impounded animal by the owner of the
animal shall not relieve the owner of the duty to pay the impoundment fee and
other charges which have been assessed. The owner of any animal who fails or
refuses to pay such fees and charges shall be in violation of this section, and
may be cited into the municipal court and fined or imprisoned, or be subject to
both such fine and imprisonment, as provided by this title upon conviction of
violation of this section. (Ord. 993 §3, 1993)
6-12-070 Dead animals; disposal; owner notification.
(A) It shall be unlawful for the owner or keeper of any dead animal or any
premises upon which the same may be located, to permit or allow such animal to
remain undisposed of for a period longer than twenty-four hours after death, or
to deposit or bury or cause to be deposited or buried the body of any dead
animal or portion thereof on any public street, alley, sidewalk, park,
irrigation ditch, or any public grounds without authority from the city, or upon
any private property without express permission of the owner.
(B) Any dead animal found in any public street or on any public property
shall be deemed running at large and shall be removed therefrom and disposed of
by the humane officer. The owner of such animal, if ascertainable, shall be so
notified and advised by the humane officer. (Ord. 233 Art. V §5, 1975;
Ord. 993 §3, 1993)
6-12-080 Disturbing the peace prohibited.
(A) It is unlawful for any animal owner or for any person in charge of any
animal to own, keep, or have in his or her possession such an animal which
disturbs the peace and quiet of any person or neighborhood by barking, fighting,
howling, crying, or emitting any other similar sound.
(B) No summons and complaint shall be issued nor shall there be a
conviction for violation of this section unless there are at least two or more
complaining witnesses from separate households who shall have signed such
complaint and shall have testified at trial. An animal control officer or
police officer who has personally investigated the complaint of a single
complainant and observed the behavior of the animal complained of, with regard
to its barking, fighting, howling, crying, or similar sound, may satisfy the
requirement for the second complaining witness and may testify to his or her
observations at trial.
(C) This section shall not apply to an animal control officer in the
performance of his or her duties nor to veterinary hospitals. (Ord. 233 Art. V
§6, 1975; Ord. 924 §1, 1992; Ord. 993 §3, 1993)
6-12-090 Confinement during estrus.
Any unspayed female animal in the stage
of estrus (heat) shall be
securely confined within
a house, building, or other secure enclosure which
is so constructed as to prevent other animals
from gaining access to the
confined animal,
except for purposes of planned breeding. Any
owner or any person in charge of an animal who does not adequately so
confine such animal during the state of estrus, or whose animal during estrus
creates a neighborhood nuisance by attracting other animals, shall be ordered by
the animal control officer to remove the animal to a boarding kennel, to a
veterinary hospital, or to the city animal shelter. All expenses incurred as a
result of such confinement shall be paid by the animal owner. Failure to comply
with the animal control officer's removal order shall be a violation of this
title, and the animal shall then be impounded at the owner's expense. (Ord. 233
Art. VII §1, 1975; Ord. 993 §3, 1993)
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