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IMPOUNDMENT
Sections:
6.03.010 Animals running at large unlawful.
6.03.020 Injured or killed animals-Removal-Owner liability.
6.03.030 Impoundment.
6.03.035 Due process hearing.
6.03.040 Court proceedings against animal owner.
6.03.050 Interference with officials unlawful.
6.03.060 Immediate destruction of dangerous or other animals.
6.03.070 Confinement of unspayed females in heat.
6.03.080 Unrestrained animals.
6.03.010 Animals running at large unlawful.
A. It shall be unlawful for the owner of any dog or other animal, excepting
cats, to permit the same to run at large within the city. As used herein, animal
means any animal brought into domestic use so as to live and breed in a tame
condition, including but not limited to dogs, other household pets, horses,
livestock, and animals generally regarded as farm or ranch animals.
B. It is unlawful for any owner of any dog or other animal, excepting cats,
to permit any such animal to habitually run at large. For the purposes of this
section, "habitually running at large" shall be defined as any animal,
harbored at the owner's residence, impounded while at large or any animal which
is the subject of a charge of running at large; this must occur a minimum of
three times within a twelve month period. Any owner may be cited for this violation.
C. In addition to any penalty imposed upon a conviction for a violation of this
section, the court shall order the owner of an animal which is impounded for
running at large to pay the boarding and impoundment fees established by the
animal shelter and any reasonable and necessary medical expense incurred during
the impoundment of the animal regardless of whether or not the animal is redeemed
by the owner from the animal shelter.
D. In addition to any other penalty imposed for a violation of subsection (B)
of this provision, the court shall order the owner to provide sufficient confinement
measures which secure the owner's animals to avoid future at large violations.
Animal Control shall inspect the fence or other security measures ordered by
the court to ensure compliance with the sentence. (Ord. O-2006-14 § 3,
2006; Ord. O-2005-12 § 2, 2005; Ord. O-98-06 § 3 (part), 1998; Ord.
O-87-28 § 1 (part), 1987).
6.03.020 Injured or killed animals-Removal-Owner liability.
Animals injured or killed in the street shall be considered as running at large,
and Animal Control Officers may remove all said animals to the animal shelter.
The owner of such animal shall be liable for boarding and impoundment costs
and reasonable and necessary medical expenses incurred in the treatment of any
injured animal. (Ord. O-98-06 § 3 (part), 1998; Ord. O-87-28 § 1 (part),
1987).
6.03.030 Impoundment.
A. Animals running at large may be taken into custody by Animal Control Officers,
or police agents of the city and impounded in a humane manner for a period of
not less than five days following the date of the impoundment; any animal so
impounded which is not claimed within said five-day period may be disposed of
by sale, adoption, donation, or destruction at the sole discretion of the Animal
Shelter. The owner shall be responsible for the payment of such boarding and
impoundment fees established by the Animal Shelter and reasonable and necessary
medical expenses incurred during the impoundment of the animal regardless of
whether or not the animal is redeemed by the owner.
B. The third time within a three-year period that an owner's animal is found
to be at large, any such animal shall be taken into custody by Animal Control
Officers and impounded in a humane manner. To obtain release of said impounded
animal, the owner shall provide proof to the court of sufficient confinement
measures, which secure the animal to avoid future at large violations. Animal
Control shall inspect the fence or other security measures instituted by the
owner to ensure compliance with this provision prior to the animal's court ordered
release from impoundment. (Ord. O-2006-14 § 4, 2006; Ord. O-2005-12 §
3, 2005; Ord. O-98-06 § 3 (part), 1998; Ord. O-87-28 § 1 (part), 1987).
6.03.035 Due process hearing.
A. This section establishes a due process hearing pending trial. This due process
hearing shall be conducted as an administrative hearing. Within ten days after
an animal is seized pursuant to Subsection 6.03.030(B), the animal's owner may
petition the Municipal Court and request the return of the animal. The Court
shall conduct such hearing at the earliest date available to the court. At this
hearing, the formal rules of evidence shall not apply. If, on the date of the
hearing, the owner does not appear, the Court may proceed with the hearing.
The Court shall allow the parties to present evidence, witnesses, and have the
right of cross-examination. The Court shall consider as applicable the following:
1. Any evidence that the impounded animal was at large during the incident charged;
2. Any prior at large violations by the owner involving any animal and the date
of such violations or prior impoundments;
3. The sufficiency of any confinement measures instituted by the owner to secure
the owner's animal to avoid future at large violations; and
4. Any other evidence relevant to the issues as determined by the Court.
B. The Court shall order the animal to remain impounded at the owner's expense
until Animal Control inspects the fence or other security measures instituted
by the owner.
C. If after inspection, the City establishes by a preponderance of the evidence
that there is a reasonable likelihood of future at-large violations, the Court
shall order the animal to remain impounded at the owner's expense until final
disposition of any pending municipal charges.
D. The owner shall be responsible for complying with the financial bonding requirements
as set forth in Section 6.06.010. (Ord. O-2006-14 § 5, 2006).
6.03.040 Court proceedings against animal owner.
If an animal is impounded, an Animal Control Officer may institute proceedings
in the Municipal Court of the city on behalf of the city against the owner,
charging the owner with a violation of this title. Nothing in this section shall
be construed as preventing an Animal Control Officer from instituting a proceeding
in the Municipal Court for violation of this chapter or the provisions of Title
9 or Title 17 which pertain to animals where there has been no impoundment.(Ord.
O-98-06 § 3 (part), 1998; Ord. O-87-28 § 1 (part), 1987).
6.03.050 Interference with officials unlawful.
A person commits interference with an Animal Control Officer or any other city
employee or official in the discharge of his official duties under this title
or the provisions of Title 9 or Title 17 which pertain to animals when, by using
or threatening to use violence, force, physical interference, or an obstacle,
such person knowingly obstructs, impairs, hinders, or interferes with the discharge
or attempted discharge by said city employee or official of an official duty
while acting under color of his or her official authority. (Ord. O-98-06 §
3 (part), 1998; Ord. O-87-28 § 1 (part), 1987).
6.03.060 Immediate destruction of dangerous or other animals.
Nothing in this title shall be construed to prevent the immediate destruction
of any dangerous dog or other animal when deemed necessary in the interest of
public safety by an Animal Control Officer or any other law enforcement personnel.
(Ord. O-98-06 § 3 (part), 1998; Ord. O-87-28 § 1 (part), 1987).
6.03.070 Confinement of unspayed females in heat.
Any unspayed female animal in the stage of estrus (heat) shall be confined during
such period of time within a house, building or secure enclosure, and said area
of enclosure shall be so constructed that no other animal of the same species
may gain access to the confined animal. An Animal Control Officer shall order
any unspayed female that is in a stage of estrus (heat) and that is not properly
confined, or any such animal that is creating a neighborhood nuisance, to be
removed to a boarding facility, a veterinary hospital, or to the animal shelter.
All expenses incurred as a result of the confinement shall be paid by the owner.
The owners of animal removed to the animal shelter shall be billed at the rate
established for routine confinement. No impoundment fee shall be charged on
an animal voluntarily confined by the owner, but the fee for boarding may be
charged in accordance with the rates established by the animal shelter. Failure
to comply with the confinement order of an Animal Control Officer shall be a
violation of this title, and the animal will then be impounded as described
in this chapter, subject to fees and charges as imposed by this chapter. (Ord.
O-98-06 § 3 (part), 1998; Ord. O-87-28 § 1 (part), 1987).
6.03.080 Unrestrained animals.
Any animal, found running at large and found causing damage, injury or destruction
to private property owned or occupied by any person other than the animal's
owner or keeper, may be humanely trapped or restrained by the owner or occupant
of such property or by such owner's or occupant's agent with a city-owned device
or device approved by the Police Department. No animal shall be so restrained
by anyone other than the Animal Control Section of the Police Department, for
a period exceeding twelve hours. During said period, such property owner, occupant
or agent shall notify the Animal Control Section of the Police Department of
his possession of the animal and request that the animal be impounded at the
animal shelter, subject to the provisions of Section 6.03.030.
Failure to notify and release an animal to an agent of the Animal Control Section
of the Police Department or to said animal's owner shall constitute a violation
of this section.(Ord. O-98-06 § 3 (part), 1998; Ord. O-94-32 § 5,
1994; Ord. O-87-28 § 1 (part), 1987).
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