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)